A common perception among most parents is that if their minor faces criminal charges, he/she will be tried automatically through the juvenile justice system. The thought of your child being accused of a crime is scary. It can be more alarming if the court decides to charge your child as an adult. The legislature in California enacted laws that prohibit the prosecution of minors between 14 and 15 years old as adults. The legal system has changed, and this leniency does not apply to older teenagers between 16 and 17 years. Teenagers can be charged as adults in certain situations for a crime they committed as minors. You should seek the services of an experienced criminal defense attorney if your child is facing criminal charges.

Understanding A Minor Under California Law

The law considers an offender a minor if he/she is below 18 years. As a result, offenders below 18 years are charged in a juvenile court upon committing an offense. However, a juvenile offender can be tried as an adult under certain circumstances. The main distinction between juvenile and adult courts is how criminal cases are handled.

The main purpose of a juvenile court is to rehabilitate a child as a juvenile offender. On the other hand, the main aim of an adult court is to punish the defendant. The juvenile justice system emphasizes rehabilitation to help minors become law-abiding citizens when appropriate. It is illegal under California law for a juvenile to be tried as an adult. However, a minor can be charged as an adult if he/she commits certain crimes.

Offenders are tried in a juvenile court after committing an offense as a minor. The primary mandate of the juvenile court is to adjudicate cases committed by minors between 12 and 17 years. However, sometimes, the juvenile court has jurisdiction over a minor below 12 years under certain circumstances.

Judges can preside over juvenile cases or crimes involving children. Unlike in adult trials, juries are often absent during the case hearing. Juvenile court proceedings are usually confidential. As with an adult case, a minor cannot be set free on bail under the juvenile justice system. The juvenile court adjudicates a minor’s case under California law SB 439 if the minor is 12 years or below under special circumstances.

Minors can be subject to court when they are below 12 years and are accused of committing severe offenses, including:

  • Oral copulation

  • Sexual penetration by force

  • Murder

  • Violence

  • The threat of great bodily harm, and

  • Rape

Under normal circumstances, a minor below 12 years cannot be charged in a juvenile court.

Proposition 21

Voters in California passed the Juvenile Justice Initiative, or Proposition 2,1, in 2000. The purpose of the initiative was to address the high incidence of juvenile offenses, particularly those related to gang activities. According to the law, the judge can charge a minor as an adult even if he/she is below 18 years. The law also outlines specific offenses where juvenile offenders can automatically be charged as adults. A minor in California can be tried as an adult if he/she is accused of certain sex offenses, murder, and other serious and violent offenses.

Senate Bill 1391

The former California Governor Brown signed into law Senate Bill 1391 in 2018, which replaced Proposition 21. According to the past law, a minor as young as 14 could be charged as an adult. Under SB 1391, a judge can only charge a minor as an adult provided he/she is 16 years and above.

According to SB 1391, a minor cannot be charged as an adult for any offense he/she commits while below 16 years. In the past, a minor could be charged as an adult for some serious and violent offenses committed when the offender was 14 years or older. Under Senate Bill 1391, a minor can be charged as an adult when:

  • The prosecutor considers it necessary to request the judge to transfer the Juvenile’s case to an adult court, provided the offender is older than 16

  • A minor commits an offense when he/she is under 16, but the offense is not discovered until the offender is over 18 years old.

  • A minor is 16 years old

In the past, a minor could be charged as an adult if he/she was 16 years or older and committed a felony. A minor could also be charged as an adult upon committing serious offenses between 14 and 15 years.

Understanding A Juvenile Crime

A juvenile offense is any offense a minor commits when he/she is below 18 years. An offense is any act that the law prohibits, and a person can face punishment for engaging in the act. An offense can also be a failure to engage in an activity that the law requires you to do. The law categorizes offenses as either misdemeanors or felonies by a minor or an adult.

Misdemeanor Offense

A misdemeanor is a less severe crime than a felony. A minor can be charged with a misdemeanor for violations like public drunkenness, battery, or petty theft. The penalties for a misdemeanor can include juvenile detention, probation, or fines. In most situations, the judge does not charge a minor as an adult upon committing a misdemeanor.

Felony Offense

A felony is a more serious crime than a misdemeanor. The court can charge a minor with a felony if he/she kills a person, commits certain sex crimes, or is accused of drug-related crimes. A minor can be charged as an adult and sent to adult prison even if guilty of a felony.

The judge can charge a minor with a wobbler, which is chargeable as a misdemeanor or a felony. Crimes that can be charged as either a misdemeanor or a felony are known as wobbler offenses. These crimes exist under three broad categories. The crime can be violent, property, or drug-related offense. Serious or violent offenses often include sexual offenses like murder, rape, and aggravated assault that result in great bodily harm. A minor can be charged as an adult if he/she is accused of these offenses.

Property offenses involve using deceit or violence to gain property without the owner's permission. Burglary and theft are common property offenses.

Drug-related crimes are the last category of wobbler crimes. It is a crime in California to engage in trafficking or possess certain controlled substances.

The Juvenile Justice System In California

The juvenile justice system in California has undergone significant reforms in recent decades. The premise of the juvenile justice system is that minors should be given another opportunity to change. The juvenile justice system has different courts, laws, rules, and procedures from the adult court.

The trial can happen either in a juvenile or adult court, depending on whether the offender is still a minor. A minor can serve jail time in a juvenile detention facility, an adult county jail, or prison if guilty or adjudicated for the crime.

On the other hand, the case’s hearing will take place in an adult court if the offender is charged while over 18 years old. An adult offender will also proceed to adult prisons.

The Process That Can Lead To A Minor Being Charged As An Adult In California

The juvenile court process often begins with an arrest. The arresting officer can release a minor with a simple reprimand depending on the severity of the crime. Your child can be ordered to appear before a court later. The arresting officer will take your child to the juvenile hall if the alleged crime is serious.

The juvenile offender will meet a probation officer who runs a juvenile hall. At a juvenile hal, the intake officer will interview the minor and some actions that can include:

  • The probation officer can keep the child in the juvenile hall until the judge looks at the case

  • The probation officer can send the child home with a probation program. Your child, at this point, will not be required to appear in court at a later date.

  • The offender can be sent home with instructions to appear in court later.

The juvenile must attend the case hearings to know if he/she will be charged as an adult. The case hearings can include adjudication, transfer, detention, and disposition hearings.

Adjudication

The child’s case will be heard in the juvenile court if he/she is not sent to an adult court. Here, the judge will hear or adjudicate the case. The court will sustain the prosecution’s petition if the judge determines that the juvenile committed an offense.

Fitness Hearing

The court will decide if the juvenile offender will be charged as an adult at this level. Your child’s case will be heard at the juvenile court if your child is fit for the juvenile court. The minor will be charged as an adult in an adult court if the judge establishes that the offender is not fit for juvenile court. In most cases, a minor will be charged in a juvenile court unless the offender has committed a serious or violent crime and is older than 16 years.

Detention Hearing

The detention hearing aims to determine if the minor will stay at the juvenile hall or if the judge will set them free. Under California law, a minor does not qualify for bail as an adult would. The judge will decide whether or not to release your child, pending the case outcome at the detention hearing. It is vital to seek the services of an experienced attorney to persuade the court to release your child from the juvenile hall.

Disposition

Disposition is similar to sentencing in an adult court. The court will determine the punishment for your child at this stage.

Crimes For Which A Minor Can Be Charged As An Adult

Your child can be charged as an adult under certain circumstances. He/she can face adult charges in a Superior Court if between 16 and 17 years. The following are the circumstances under which a juvenile offender can be charged as an adult:

  • If the minor commits a premeditated, aggravated crime that warrants an automatic trial as an adult

  • If the prosecutor files for a fitness hearing. The fitness hearing aims to determine if a minor is fit for juvenile court. If the judge establishes that your child is unfit to be charged in a juvenile court, the offender will be charged as an adult.

Juvenile Court Fitness Hearing

The judge will consider the following factors when determining if a minor is fit for a juvenile court hearing:

  • The severity of the crime for which the juvenile offender is being accused

  • Past success in efforts to rehabilitate the child

  • The delinquency record of the minor

  • If the minor can be rehabilitated before being sent to a juvenile detention center

  • The degree of criminal sophistication the offender showed when executing the crime

Find a Criminal Defense Attorney Near Me

A child becomes a legal adult after attaining the age of 18 years. However, a juvenile offender can be tried as an adult under certain circumstances. California law allows juvenile offenders between 16 and 17 to be tried as adults rather than having the juvenile justice system process their cases. However, this is only allowable under certain circumstances. The prosecutor must have solid evidence and present convincing arguments to have a juvenile offender tried as an adult.

The minor must have committed a severe offense, usually a felony like robbery, rape, murder, assault with a deadly weapon, or other crimes that qualify to be transferred to adult court. The juvenile offender must also seem incapable of rehabilitation under the juvenile justice system. If your child commits a crime, you should contact an attorney immediately. An attorney can work to mitigate the situation and ensure that your child is tried under the juvenile justice system because it seeks to rehabilitate rather than punish the offender. Contact us at the Law Offices of Jonathan Franklin for reliable legal representation in Los Angeles. Call us at 310-273-9600 to speak to one of our attorneys.