Juvenile delinquency courts typically handle crimes committed by minors, operating separately from adult criminal courts. These courts focus on rehabilitation rather than punishment, aiming to equip young offenders with the education and resources needed to prevent future offenses.

However, in cases involving particularly serious crimes, minors may be prosecuted in adult criminal court and subject to the same penalties as adults.

To decide whether a juvenile should be transferred to adult court, a judge conducts a “fitness hearing” to assess the appropriateness of such a move.

A fitness hearing, initiated by a prosecutor in juvenile court, allows a judge to determine whether a minor is suitable for the juvenile justice system.

A fitness hearing may be triggered if the minor is 16 or older and charged with any felony, if they are 16 or older with a prior record of two felony offenses in juvenile court, or if they are at least 14 and accused of committing a crime listed under California Welfare and Institutions Code Section 707(b). In the latter case, the minor is presumed unfit for juvenile court. These offenses include serious crimes such as murder, arson, robbery, rape, kidnapping, assault with a firearm, aggravated assault, carjacking, and several others.

When evaluating a minor's suitability for juvenile court, the judge considers several factors, including:

• Level of criminal sophistication demonstrated
• Likelihood of rehabilitation within the juvenile system
• Minor's prior delinquency record
• Effectiveness of past rehabilitation efforts, and
• Severity of the current offense.

If the minor can demonstrate by a preponderance of the evidence that they are a suitable candidate for juvenile court, the case will remain there. Otherwise, it will be transferred to adult court.

If the juvenile court deems the minor unfit and transfers the case to adult court, the minor has 20 days to file a writ petition to challenge the decision.

In certain cases, a prosecutor can file criminal charges against a minor directly in adult court. For minors aged 16 or older, this is allowed if they have a prior felony conviction and are accused of committing a felony involving a victim who is 65 or older or disabled, a felony classified as a hate crime, or a felony related to gang activity.

For minors aged 14 and older, prosecutors may directly file charges in adult court under specific circumstances. This includes cases where the alleged crime carries a potential life sentence or the death penalty for adults, where the minor personally used a firearm during a felony, or where the offense falls under California Welfare and Institutions Code Section 707(b). A direct file is also permitted if the minor has a prior 707(b) offense, if the crime was gang-related, classified as a hate crime, or involved a victim who was elderly or disabled.

If your child was arrested in Monterey, Santa Cruz, San Benito, or San Luis Obispo County, or was cited with a "notice to appear", contact our office to speak with a juvenile crimes attorney today.