Direct File and Fitness Hearings for Juvenile Offenders

San Jose Juvenile Offenders Lawyer And Santa Clara Fitness Hearings Attorney

Minors charged with criminal offenses in California are generally adjudicated in the state’s juvenile delinquency system. For some more serious crimes, however, minors may be tried as adults in criminal court.

Fitness Hearingshttps://san-jose-criminal-defense-law.com/

Generally, to try a minor as an adult, a fitness hearing must first be held. At the fitness hearing, a judge makes a determination as to whether a minor is fit for adjudication in juvenile court based on factors including the seriousness of the crime, the minor’s criminal record, the possibility of rehabilitation, and the degree of criminal sophistication.

The judge then decides, based on these factors, whether the minor will benefit from the juvenile justice system’s rehabilitative services. If minor is fit for juvenile court, the case stays there. Otherwise, the matter goes to adult criminal court and the juvenile is tried as an adult.

A fitness hearing may be appropriate when the minor is either:

• Sixteen years or older and has been accused of any crime;
• Sixteen years or older, is accused of a felony where the minor was previously made a ward of the court, and has committed two or more felony offenses since age 14, in which case the minor will be presumed to be unfit for juvenile court; or
• Fourteen years or older and is charged with one of a list of serious crimes contained in W&I Code 707(b), including murder, robbery, arson, forcible rape, violent felonies, or firearms offenses, in which case the minor will be presumed to be unfit.

The most common cause for a fitness hearing is when a minor has committed a serious 707(b) offense.

Direct File

Sometimes, a prosecutor can direct file against the minor without holding a fitness hearing first. This means sending the case directly to adult criminal court.

Direct file is available in several different situations, depending on the juvenile’s age. When the minor is 16 or older, direct file is possible when the minor either:

• Is alleged to have committed a serious crime; or
• Committed a prior felony since reaching age 14, and is currently accused of a felony where the victim was 65 or older or disabled, that constitutes a hate crime, or that is gang-related.

Minors aged 14 and older may also be subject to direct file if they are alleged to have:

• Committed an offense that is punishable, if committed by an adult, by death or life imprisonment;
• Personally used a firearm during the commission of a felony; or
• Committed a 707(b) offense, and either have a previous 707(b) offense violation, the victim was aged 65 or older or disabled, the crime was gang-related, or the crime was a hate crime.

Adult Criminal Court Required

In some cases, a trial in adult criminal court is required. This is only the case when the minor is aged at least 14 and is charged with committing:

• Murder, and the minor is alleged to have personally killed the victim; or
• Certain sex offenses, if the minor is alleged to have personally committed the offense, and certain other circumstances exist, including the use of force, violence, or threat of great bodily harm.

If your child has been charged with a criminal offense, an attorney can work to keep the case in juvenile court. Please contact passionate San Jose criminal defense attorney Wesley Schroeder for a confidential consultation.

Sources:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=707

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=602