What is a Fitness Hearing in Juvenile Court? (Welfare & Institutions Code 707)
Sometimes, because of a juvenile’s criminal history or the severity of a crime they are accused of, a minor may be tried as an adult in criminal court. When this happens, the minor faces the same penalties and punishments as an adult. Before trying a minor as an adult, the court must decide if the minor should be tried as an adult by conducting a fitness hearing.
The Fitness Hearing in Juvenile Court (Welfare & Institutions Code 707)
After the Detention Hearing, where the court decides if the juvenile will remain in custody, the District Attorney may request a Fitness Hearing to determine if the minor will be tried as an adult. The minor’s probation officer will investigate the child’s social history and behavior, and report the findings to the court. The court will also review evidence from the DA and information from the minor’s attorney.
At the fitness hearing, the court will base its decision on:
- The type of crime the minor is accused of
- The child’s criminal history
- Rehabilitation history of the child
- Potential for the child to learn to improve
- The specifics of the current case, and
- The severity of the charges against the minor
If the court determines the minor should remain in the juvenile justice system, a Jurisdictional Hearing will be ordered. Should the court decide to try the child as an adult, the juvenile case will be dismissed and the DA will file a case with the criminal court.
When a Minor is Charged as an Adult
While most cases are decided as explained above, in 2000 California voters passed Proposition 21, which allows a District Attorney to directly file some juvenile cases in adult criminal court without a Fitness Hearing as soon as an investigation is completed and reported.
Before filing a minor’s case with the criminal court, the DA must consider several factors, including:
- If the minor is a ward of the court for a previous felony crime
- If the minor was age 14 or older when the crime was committed
- If the minor has a criminal record, and whether they were over age 16 when they committed the new crime
The DA can file charges directly in adult court if the minor is charged with a serious crime including:
- Murder
- Attempted murder
- Premeditated murder
- Serious felonies involving a weapon
- Some sex crimes that involve use of force
- Aggravated kidnapping
If prosecutors determine the minor should be tried as an adult, the minor will face the same penalties and punishments as an adult, which could include a jail or prison sentence.
Your juvenile crimes attorney will provide the court with evidence to help the judge make the best decision for the minor and their treatment, care and guidance. This includes keeping the child in the home, serving probation, or even having the case dismissed. If your child has already been convicted in criminal court, and you believe his or her rights were violated, your attorney can help you file an appeal in an attempt to reverse his or her conviction and sentence
Call the Juvenile Attorneys at Wallin & Klarich Today
No child should have to face adult consequences for actions or behaviors they might not even understand. If your child has been charged with a serious crime or is facing a criminal case, it is crucial that you contact a Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys have over 40 years of experience successfully defending juveniles facing serious charges. We will analyze the facts of your child’s case, plan an aggressive defense strategy, and help your child get the best possible outcome in his or her case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich juvenile defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will get through this together.
