California Juvenile law – trying a minor as an adult

In 2000, California voters passed Proposition 21 (“Prop. 21″). Prop. 21 changed a number of laws that pertains to juveniles. One of the changes was the requirement of juvenile offenders to be tried in adult court for certain crimes. Below is a list of some of the laws that were changed by Prop. 21.

California Penal Code Section 602

A minor who is 14 years of age or older will be tried in an adult criminal court if alleged to have committed the following:

• First degree murder – Penal Code 187, 190.2(a)
• The following sex offenses and if the prosecution alleges one of the circumstances listed under Penal Code 667.61(d)-(e).
  • Rape – Penal Code 261(a)(2)
  • Spousal rape – Penal Code 262(a)(1)
  • Forcible sex offenses in concert with another person – Penal Code 264.1
  • Forcible lewd and lascivious acts on a child under the age of 14 years – Penal Code 288(b)
  • Forcible penetration by foreign object – Penal Code 289(a)
  • Sodomy or oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person – Penal Code 286 or 288a
  • Lewd or lascivious acts on a child under the age of 14 years, unless the defendant qualifies for probation – Penal Code 288(a), 1203.066.

California Wealth & Institutions Code Section 654.3

Informal probation, under Section 654 is not available to a minor who is alleged to commit the following offenses:

• A violation of Wealth & Institutions Code 707(b), (d)(2), or (e)
• The minor has sold or possessed for sale a controlled substance – Health & Safety Code 11351-11352
• The minor possessed a controlled substance or possessed methamphetamines while at school Health & Safety Code Section 11350, 11377
• Criminal street gang participation – Penal Code 186.22
• A minor who has already participated in the informal probation program under Wealth & Institutions Code 654
• If the minor has been designated a ward of the court – Wealth & Institutions Code 602
• A violation in which the restitution owed to the victim exceeds one thousand dollars ($1,000).
• A felony offense when the minor was at least 14 years of age

California Welfare & Institutions Code Section 707

California Welfare & Institutions Code Section 707 details a number of situations when a minor, who is 16 years of age or older, can be tried as an adult for any criminal offense. A determination will first be made on whether the minor would be fit to be tried in juvenile court. A “determination of fitness” means that the minor would be amenable to the care, treatment, and training programs that are available through juvenile court. An “unfit minor” will then be tried as an adult in an adult criminal court. The determination of fitness will be based on an evaluation of the following:

• The degree of criminal sophistication exhibited by the minor.
• Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
• The minors previous delinquent history.
• Success of previous attempts by the juvenile court to rehabilitate the minor.
• The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.

The determination of fitness may be based on any one or a combination of the factors set forth above.

If the minor is 16 years of age, has been declared a ward of the court, and commits any felony offense, the minor can be tried as an adult in criminal court if both of the following apply:

• The minor has previously been found to have committed two or more felony offenses.
• The prior felonies were committed when the minor was at least 14 years of age.

Please note that some of the above listed law was already in place before Prop. 21.

If you or a loved one is a juvenile and is facing a criminal charge, it is important that you speak with an experienced juvenile crimes attorney. Prop. 21 allows for a broad range of offenses committed by juveniles to be tried in adult criminal court. At Wallin & Klarich, our attorneys have over 30 years of experience in handling juvenile crimes. Our aggressive and knowledgeable attorneys will defend your rights and fight to get you the best possible result in your case. Call us today at (888) 749-0034 or contact on our website at www.wklaw.com. We will be there when you call.