If your child is about to face a juvenile transfer hearing, it is as if the entire world is falling apart. This is not a typical court date. It may determine whether a child remains in the juvenile system or faces adult prosecution for a normal life versus a future in adult criminal court and potential adult sentencing. California law allows a juvenile court judge, in certain cases, to transfer a minor’s case to adult criminal court. The prosecution will attempt to prove that the minor is not amenable to rehabilitation within the juvenile justice system before the juvenile jurisdiction expires. But they do not have the inside scoop on your child, his/her background, or his/her potential.
Successfully opposing a transfer motion requires experienced legal representation. You must have a lawyer who is aggressive and experienced in California’s juvenile defense laws and who can defend your family’s future against the transfer motion. Do not rely on the state to determine your child’s destiny. Call CCLG: Los Angeles Criminal Attorney today and develop a strong defense strategy for your child and ensure that your child remains in the juvenile system, with a real path forward.
How Proposition 57 Changed Juvenile Transfer Cases
To appreciate how attorneys work to prevent children from being sent to juvenile court today, you must first understand a major shift in California legal history that occurred in 2016 with the passage of Proposition 57. For years, the law gave prosecutors broad authority to prosecute certain minors directly in adult court. Prosecutors had enormous, unchecked power until California voters intervened in a mechanism called “direct file.”
Prior to the original rules, the District Attorney (DA) could skip the juvenile system entirely. The DA could, in their own private and secret manner, without the judge’s consent, prosecute minor cases in adult criminal court if they believed certain crimes were very serious. No hearing was held, the child and family were not given the opportunity to present themselves, and the child’s trauma history, mental maturity, or rehabilitation was not considered. The minor could be prosecuted in adult criminal court without a transfer hearing.
Proposition 57 eliminated prosecutors’ authority to directly file most juvenile cases in adult criminal court. Currently, direct filing is completely prohibited.
Prosecutors may still seek transfer, but a judge now decides whether transfer is appropriate. Now, however, the power lies where it belongs, in a neutral juvenile court judge. If a DA wishes to pursue a minor as an adult, the DA must make a formal motion and must prove their case at an evidentiary transfer hearing. This shift changed everything for juvenile defense attorneys and the families they represent. Because the direct file is gone, the prosecution is forced to bring their arguments out into the open.
This gives your defense team an important opportunity to respond. At the transfer hearing, a skilled juvenile defense attorney can help to give your child’s lawyer a full, empathetic portrait of your child. Psychological evaluations, school records, family background, and expert testimony can be used to demonstrate that your child is capable of and will benefit from the juvenile system’s rehabilitative programs. Prop 57 changed that, giving your child a future to save, a child and not a case number on a prosecutor’s desk.
What Happens If a Minor Is Transferred to Adult Court in California?
Your child not only switches courtrooms. He/she steps into a whole new legal world if the prosecution is successful at a transfer hearing. The difference between juvenile and adult justice is vast, with implications for the setting they are kept in, how long they stay, and more. It is important to know just what you are facing so you can keep your family safe.
Rehabilitation vs. Punishment
The California juvenile court system is meant to be a system of treatment, education, and healing. The state believes in minors as a young population capable of change and development.
In contrast, the adult criminal justice system was designed foremost to punish and protect the public. It views the defendant as a full-fledged grown-up, provides little developmental assistance, and emphasizes incarceration over development.
Sentencing and Confinement
The sentencing procedures at these two courts can be markedly different, and the difference can be between a temporary setback and a ruined life.
The court’s role is very constrained in the juvenile system. Juvenile confinement periods vary based on the offense, disposition, and applicable statutory provisions. Confined individuals typically reach a maximum age of 25 in local programs for even the most serious offenses. Furthermore, juveniles are housed locally, completely away from adults.
If your child does end up in adult court, they will be subject to the entire California Penal Code. That could result in decades of adult state prison time for them, or the adult court may expose a minor to substantially longer sentences than those available in juvenile court.
Privacy and Future Opportunities
An adult’s conviction has long-lasting consequences. Records of proceedings and convictions in the adult criminal court are public. They are lasting and can negatively impact future work prospects, housing opportunities, and college acceptance. Many juvenile records may qualify for sealing under California law, subject to statutory requirements, allowing the youth to enter adulthood with a clean slate.
The Closure of the DJJ and Juvenile Care
In the latest structural change in California, the state’s Division of Juvenile Justice (DJJ) was fully closed. Historically, juveniles adjudicated for serious offenses who were caught for serious crimes were sent to these large state-run facilities.
Juvenile rehabilitation is now handled solely by local county programs (SYTF). When your child remains in the juvenile system, they are more likely to receive mental health treatment, customized to their specific needs, in a more local setting that offers them high school or college classes and job training.
In the adult court, one mistake can be the end of your child’s life. You are not just trying to win a motion to keep your child in the juvenile system. You are trying to keep your child in an environment that believes in his/her future.
Who is Eligible for a Transfer in California?
One of the many common misconceptions parents have is that if a child is arrested for a felony, he/she will be taken to adult court. Fortunately, however, the California statute imposes very high thresholds before a minor may be considered for a transfer. The state may not charge a child with an adult offense or a misdemeanor, like shoplifting or vandalism. To even be eligible to have a case transferred for a hearing, strict age and offense requirements must be met.
The key factor of eligibility is the age of your child at the time of the alleged offense. In 2019, the state substantially increased the minimum age for prosecution by adults with the passage of California Senate Bill 1391 (SB 1391).
California law significantly restricts the transfer of 14- and 15-year-olds to adult court, with limited exceptions under specific circumstances. Their cases are to stay in the juvenile justice system, even if the allegations are really serious.
If the minor was age 16 or 17 at the time of the offense, then an adult transfer may be sought. The age exception is very limited, but it is only used virtually when a youth is evading the law and is not arrested until after he/she has reached the maximum age for juvenile jurisdiction.
Unfortunately, even if a teen is age 16 or 17, a prosecutor can charge them for serious offenses.
These offenses are commonly known as 707(b) offenses or WIC 707(b) offenses, and these are the offenses that include the following:
- Murder and attempted murder
- Robbery (especially while armed with a dangerous or deadly weapon)
- Carjacking while armed
- Arson causing great bodily injury
- Ransom demands and kidnapping for ransom or robbery
- Sexual assaults, including rape and force
- Assault by means of a firearm or destructive device
If the allegations against your child are not included in this strict list, then the prosecution does not have the legal power to petition for an adult transfer.
The Five Factors Judges Consider at a Juvenile Transfer Hearing
An aggressive prosecutor and a judge’s intuitive sense of justice are not what determine the outcome of a transfer hearing. California Welfare and Institutions Code (WIC) 707 sets out five criteria that the judge must consider when making a determination.
The prosecution must satisfy the applicable burden of proof under WIC 707. To be transferred to adult court, the district attorney must establish by clear and convincing evidence that a minor is not amenable to the treatment and rehabilitation offered by the juvenile justice system. Each of the five factors listed below must be judged separately, and the judge’s rationale must be recorded on the record.
- The Degree of Criminal Sophistication Exhibited by the Minor
The court looks closely at how the alleged crime was carried out to evaluate your child’s maturity level. Did the act represent a thoroughly planned, calculated, and coordinated action with complex steps designed to evade law enforcement? Or was it an impulsive, reckless decision for peer pressure, immaturity, or lack of developmental foresight?
A knowledgeable defense attorney will highlight your child’s age, mental state, and intellectual maturity at the time of the offense and make sure your child’s actions are attributed to a growing adolescent brain and not to a seasoned criminal.
- Whether the Minor Can Be Rehabilitated Prior to the Expiration of Jurisdiction
Time is the key question that runs in this instance. Most county Secure Youth Treatment Facility (SYTF) programs in California are capped at age 25, and juvenile jurisdiction is limited to that level in most cases, except for serious offenses, due to the Division of Juvenile Justice’s closure.
It is up to the judge to determine whether or not your child will be helped by the remaining years. Often, the defense will argue against the prosecution’s timeline and show that your child has been the subject of a substantial amount of behavioral reform with targeted therapeutic interventions well before the time they would hit their mid-twenties.
- The Minor’s Prior Delinquent History
Your child’s judge will review the history of your child’s interactions with the police, including any prior sustained petitions, arrests, and/or informal probation conditions. If the judge has known about the escalation of violations for a long time, he/she is more likely to grant an adult transfer.
If this is the first time this child has had serious contact with the court or if they have only committed minor offenses in the past, the defense will make this a major part of its case to prove that a mistake is not a pattern.
- The Success of Previous Attempts by the Juvenile Court to Rehabilitate the Minor
If your child has been in the juvenile system before, the court wants to know what happened. Was there an attendance problem at camp programs? Did they continually ignore probation?
Importantly, the adequacy of those past services must be considered by the court. An attorney can argue that the juvenile system has not actually failed your child. If the county previously failed to provide the necessary mental health counseling, trauma-informed care, or substance abuse programs to address your child’s core needs, an attorney can argue that the juvenile system has not actually failed your child. It just has not given them the right tools yet.
- The Circumstances and Gravity of Offense
The last is the gravity and character of the alleged crime. The court considers:
- The extent to which the minor was directly involved in the offense (for example, is he/she the mastermind or a bystander?)
- The harm done
- The conduct of the minor
The prosecution will emphasize only the severity of the charges, but a well-crafted defense will help set the context for the incident, highlighting the mitigating factors such as childhood trauma, exploitation, or abuse, which would demonstrate that rehabilitation remains the most just course of action.
What to Expect at a Juvenile Transfer Hearing
A juvenile transfer hearing is similar to a high-stakes mini-trial. It is not the time for the judge to determine whether your child is guilty or innocent of the crime. Rather, the entire proceeding is geared around one question: Is this a case for the court system that is best suited to handle it?
Learning a little about the process can help you demystify the process of being in a California juvenile courtroom.
- The Real Burden of Proof
One misconception is that the defense must prove the child should be placed in juvenile court. In California, the prosecution must prove the case.
A successful placement of a youth into the adult system requires the district attorney to establish by clear and convincing evidence that the juvenile system is an inappropriate venue for rehabilitating the youth. This is a very high standard for the law, higher than the more than likely (preponderance of the evidence) standard. To convince the judge to revoke the minor’s juvenile status, the DA must present highly persuasive evidence on the five statutory requirements.
- Presentation of the Probation Report
The prosecutor has to file a transfer motion, and the County Probation Department is mandated to investigate by the juvenile court. Your child will be interviewed by a probation officer, your family will be interviewed, your child’s school performance will be reviewed, your child’s medical and psychological background will be assessed, and his/her past police involvement will be considered.
This information is summarized into a full transfer report. This document will be extremely influential in determining whether or not your child is to be held in the juvenile system or sent to adult court at the end of it.
- A Mini-Trial
In the actual evidentiary hearing, the arguments of both sides are heard. The prosecution will use the information from the crime and the problematic parts of the probation report to portray your child as sophisticated and dangerous.
This is where the need for a specialized juvenile defense attorney is invaluable. Your attorney will have the right to:
- Interrogate the probation officer’s report
- Challenge untrustworthy rumors or prejudicial characterizations
- Provide counter-evidence (such as independent psychological assessments, teacher or counselor statements, and letters from the community)
The defense’s job is to undermine the prosecution’s case and show your child’s growth potential.
- Judge’s Ruling and Next Steps
Once the judge hears the evidence, he/she will render a decision. If the judge refuses the transfer motion, the case will continue in juvenile court, where the emphasis is on rehabilitation.
If the judge grants the motion, the juvenile case will be dismissed, and your child’s case will be sent to the adult criminal court. The case will proceed through the adult criminal court system, and the bail conditions will be determined.
Defense Strategies for Keeping a Minor in Juvenile Court
When your child is facing a transfer hearing, the defense strategy cannot simply rely on asking for mercy. It needs an aggressive, evidence-backed campaign to refute the prosecution’s narrative. The law shifts the burden to the district attorney to show that a minor may not be rehabilitated, and a specialized juvenile defense attorney employs legal strategies and specialized resources to combat the transfer motion.
The Absolute Necessity of Psychological Experts
The most important aspect of a successful transfer defense is the independent forensic psychologist who is hired. The prosecution will try to present the judge with an adult criminal, while a competent psychologist provides the proper scientific background on adolescent brain development.
Scientific studies in both medicine and psychology have shown that the part of the brain that controls impulse control, risk assessment, and long-term planning does not fully mature until the mid-twenties. A forensic psychologist will assess your child and give evidence directly to the court on the following:
- Impetuosity and peer pressure — This shows how your child’s actions were influenced by a high risk of immediate peer rewards and a low risk of developmental foresight.
- Capacity for change — This demonstrates that a teenager’s brain remains highly malleable and, when provided with the proper therapeutic tools, has an enormous capacity to change behavior.
The expert can directly show the court that your child is very open to rehabilitation within the juvenile system before the age of 25, when the court’s jurisdiction ends.
Presenting Trauma History and Mitigating Factors
California law requires judges to consider the child’s condition and surroundings at the time of the crime. A seasoned defense team will take a deep dive into your child’s life to present the evidence that can be critical to your case.
Attorneys will look at the underlying factors that caused or influenced the behavior, but do not excuse it, such as the following:
- Childhood physical, emotional, or sexual abuse
- Exposure to severe domestic violence or community trauma
- Unaddressed mental health issues not being addressed by school systems or by previous county programs
The defense uses these elements to place them in the courtroom through their medical and academic records, along with expert assessments, all of which suggest that their conduct stemmed from untreated trauma. This shifts the emphasis away from punishment and shows that local Secure Youth Treatment Facilities (SYTFs) are the right settings to help heal these wounds.
Challenging the Facts
The prosecution will make a strong case for transferring a case to adult court based on the “shocking” aspects of a crime. A good lawyer will be hard on the prosecution’s evidence that your child actually played a role in the event.
If a serious Welfare and Institutions Code (WIC) 707(b) crime did take place, the defense can delve into all the police reports and surveillance video to focus on your child’s specific actions. For instance, attorneys can prove that your child was a victim who took part only because he/she was threatened or bullied by older co-defendants, or your child was somehow a lesser player, like if he/she was a lookout who did nothing but stand around, unaware.
The defense can methodically attack the prosecution’s case that the gravity of the offense mandates a young person be sent to adult state prison by creating a low level of direct involvement.
Find a Juvenile Defense Attorney Near Me
The last battle for your child’s future is a juvenile transfer hearing. The decisions they make today will mean a second chance for them through rehabilitation or the crippling, lifetime repercussions of serving time in an adult state prison. The prosecution will fight to strip away their youth, but they do not have the final say. At CCLG: Los Angeles Criminal Attorney, we know how to break through the prosecution’s case and defend your family. Do not let an aggressive prosecutor decide your child’s fate. Call our experienced California juvenile defense team today at 323-922-3418 for a confidential consultation, and we will work to keep your child where they belong.
