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CNN recently reported that a 13-year-old boy, Demarco Harris, has been convicted of murdering a woman during a robbery and will remain in juvenile detention until he turns 21 according to the juvenile laws of Michigan. After Harris’ 21st birthday, the court will either release Harris from custody or sentence him as an adult to life in prison without the possibility of parole. If Harris is convicted of a felony while he is in custody, he will automatically be sentenced as an adult to life in prison.

The goal of the California juvenile justice system is the treatment and rehabilitation of juvenile offenders. However, under the Welfare and Institutions Code, section 602, a child as young as 14 years of age can be prosecuted directly in adult court for the commission of certain serious felonies including murder and rape. If prosecuted as an adult, these crimes carry life imprisonment or death as the punishment.

While the District Attorney can file a case directly against a child in adult court for certain types of serious felonies, the more common method is through a “Fitness Hearing” under section 707 of the Welfare and Institutions Code. At a fitness hearing, the juvenile judge would decide whether to send your child to adult court by considering your child’s criminal sophistication, rehabilitation prospects, previous delinquent history, any previous rehabilitation attempts by the juvenile court, and the circumstances and gravity of the offenses alleged to have been committed by your child.

Being convicted of a juvenile offense will have serious and lasting repercussions for your child. If your child has been charged with a juvenile offense you must seek the assistance of an experienced defense attorney immediately. Our attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy available to you that will result in the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

This entry was posted on Monday, June 21st, 2010 at 12:37 pm and is filed under Violent Crime. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.