Juveniles tried as adults in California has become a common issue in the news lately.
Earlier in October, a 16-year-old boy was charged with murder in Vista, California. It is alleged that this young man shot a 19 year old in the stomach whom was mentally disabled. It is further alleged that the accused minor used a firearm and that the action was made on behalf of a gang. This young man will not be tried in Juvenile Court but in the adult Court. Source: UT San Diego
In California many young people of at least 16 years of age can be processed in adult court depending upon how serious the accusation is.
A minor prosecuted in adult court has certain constitutional protections. However, there are a few disadvantages such as risking a severe punishment and perhaps imprisonment sentence in a correctional institution.
Sometimes if a defendant is a minor, a waiver may be obtained so he is tried not in the juvenile court but in the adult court. For a judge to order a waiver and transfer the case of a minor from a juvenile court to an adult court he shall consider:
- The seriousness of the crime for what the minor is accused
- If the juvenile has a criminal record
- If the rehabilitation efforts for the minor have been unsuccessful
- Youth services should have worked with the minor for a while
The judge seeking to prosecute a juvenile must have probable cause. If probable cause is found then the judge or prosecutor shall take into consideration the past of the juvenile, if there is any record of conviction, and if the juvenile has shown willingness to get rehabilitation treatment in the juvenile system.
Advantages for Juveniles Tried in an Adult Court
All juveniles have the right to a jury trial. A jury is a group of 12 people from the public that hear evidence during a trial and make a joint decision on whether they believe the defendant is innocent or guilty. It is possible that jurors in adult court show more sympathy to a minor.
Some adult courts are very busy. Therefore, they may try the juvenile case faster and offer a not so severe sentence.
Disadvantages of Being Tried in an Adult Court
- The juvenile may obtain a severe sentence, including life in prison
- Adult courts do not have as many choices of punishment and treatment as the juvenile courts. For example, imposing a curfew or ordering counseling instead of jail time
- The juvenile may have to serve time in prison with adults, rather than with other young people in detention centers
- Having been convicted in adult court has more social stigma
- Adult conviction records are harder to ‘delete’ than juvenile records
Whatever the situation you or a relative is going through, we can help you. Call today at (760) 806-4333 or learn more about our success in juvenile cases.