Although it does not occur every day, it is not unusual for a minor (a person aged below 18 years) to run afoul of the law. Fortunately, the legal justice system treats minors or children leniently because of their mental incapacity to make wise and sound decisions.

When your child is under arrest or in police custody for allegedly violating a law, the minor's case will go through the juvenile delinquency system instead of the adult criminal justice system. Unlike the adult criminal justice system, the juvenile delinquency system focuses on rehabilitating and treating your child to make the minor a law-abiding and productive citizen.

However, some severe offenses, like arson or repeat offenses, could mean the minor is unlikely to benefit from the treatment and rehabilitative services the juvenile delinquency system offers. If this is your child's situation, the juvenile court judge could transfer the minor's case to adult court after holding a transfer hearing.

A transfer hearing determines whether your child is eligible for a trial in an adult court. Whether your child's case is severe or not, you should contact a juvenile defense attorney as soon as possible to help challenge the allegations the minor is facing for the best possible outcome.

Our reliable defense attorneys at California Criminal Lawyer Group can ensure your child receives the best legal representation upon an arrest for any alleged violation in Anaheim to obtain a favorable outcome.

The Juvenile Delinquency System at a Glance

Interestingly, offenses among minors or underage children are rising alarmingly. Sometimes, a minor can enter the legal justice system for an offense or delinquent act that would not be a crime for an adult, for example, truancy and curfew violations. Fortunately, lawmakers understand that minors are not young adults and lack the "proper" mental ability to make wise, sound decisions.

That is why the juvenile court system handles all delinquent acts (offenses) instead of the adult court system, which can result in harsh and life-changing consequences for a minor upon conviction, including lengthy jail time. Upon receiving a sustained petition (conviction) in an adjudication hearing (trial), your child could receive any of the following dispositions (sentences):

  • Placement in a group home or foster care.
  • Detainment in a minor's camp or ranch.
  • Serve a probation term.
  • Placement in a DJJ (Division of Juvenile Justice) facility.

The seriousness and sophistication of your child's offense will determine the severity of the minor's disposition when the juvenile delinquency court judge sustains the prosecutor's petition against him/her.

What a Transfer Hearing Entails

Defined under Welfare and Institutions Code (WIC) 707(b), a transfer hearing is a proceeding where the juvenile delinquency court judge determines whether your child is suitable or fit for trial in the juvenile justice system.

The court will consider several facts before making this decision, including the severity of your child's offense and the likelihood of the minor benefiting from the treatment and rehabilitative services offered in the juvenile justice system.

If the juvenile court judge does not see the likelihood of the child reforming or benefiting from the procedure, he/she will transfer the minor's case to adult criminal court. Generally speaking, the prosecutor presiding over your child's case will initiate a transfer hearing if:

  • Your child was fourteen (14) or fifteen (15) years old when the offense occurred.
  • Your child is sixteen (16) years of age or older, and the allegations he/she is facing could attract felony charges.

In both situations mentioned above, the prosecutor cannot initiate a transfer hearing if your violation is not a WIC 707(b) offense. You will learn more about WIC 707(b) crimes below.

Detailed Criteria the Juvenile Delinquency Court Will Consider During Your Child’s Transfer Hearing

Since the prosecution team and your child's defense attorney want the judge to make a decision that favors them, the juvenile court judge must have a neutral criteria or guide to assist him/her in making a fair decision. Below is a detailed criteria the juvenile court will consider when deciding whether to transfer your child's case to the adult criminal court or not:

The Level of Sophistication Exhibited by the Child When Committing the Delinquent Act

The degree or level of sophistication of your child's case is a significant factor or criterion that will come into play during this hearing. Based on this factor, the court will consider your child's intellectual capacity, age, mental capacity, physical, emotional, and mental health at the time of the offense to determine the level of sophistication the minor exhibited.

The court will also consider the impacts of your child's delinquent act on the environment, family, and others. If the child is not remorseful or apologetic for his/her conduct, the juvenile court judge will likely transfer the minor's case to the adult legal justice system.

The Child's Age

As mentioned in the previous paragraph, the prosecutor can only initiate a transfer or fitness hearing against your child if the minor is sixteen or older. Additionally, when a child commits a delinquent act at fourteen or fifteen years of age but the issue comes to the attention of the police officers later, when the minor is sixteen, the prosecutor can still initiate a transfer hearing against him/her.

When the prosecutor initiates a fitness or transfer hearing against your child, a skilled attorney can help challenge the transfer to have the minor's case remain under the juvenile court's jurisdiction.

The Child's Social Background

The court will also consider your child's social background when deciding whether to transfer the minor's case to adult court because his/her upbringing and environment could affect his/her behavior and habits.

When a child grows up in an "unhealthy" background or a place with an alarming crime rate, he/she will likely assimilate that behavior, especially when the minor lacks parental moral guidance. The juvenile delinquency court could decide to have your child's case remain in the juvenile justice system if the minor comes from a highly violent background to avoid further exposure to people with similar behavior.

The Child's Delinquency Record

Like in an adult court, the juvenile court is strict and harsh on repeat offenders because it shows they are unwilling to learn from their past mistakes. The juvenile court judge will consider past delinquency cases involving your child when deciding whether or not to transfer the minor's case to adult criminal court.

If your child has a lengthy record, the court will likely assume that the dispositions available in the juvenile legal justice system are not ideal remedies for the minor's behavior or to discourage him/her from delinquent acts. Therefore, your child's case will proceed to the adult criminal court for stricter punishment that will possibly correct his/her behavior.

The Severity and Gravity of the Child's Case

Minors can participate in all kinds of delinquent acts, from underage drinking to robbery and even more severe felonies like torture or murder. The juvenile court judge could decide to transfer your child's case to the adult legal justice system if the minor was violent or resulted in the death or injury of another individual.

If the minor committed the delinquent act for the benefit of a criminal street gang, a trial in an adult court could be inevitable. During this proceeding, your child's attorney will strive to convince the judge that the minor's case is non-severe to avoid the transfer, which could result in life-altering consequences.

The Child's Psychological Maturity and Intellectual Development

Before the juvenile court judge accepts the prosecutor's petition to transfer your child to adult court, he/she must confirm the minor's psychological maturity and intellectual development. In that case, the court will invite a psychologist and any other necessary expert to help determine whether the child is intellectually able to comprehend the gravity and consequences of his/her actions.

If the minor is mentally ill or unstable, a reliable defense attorney can help convince the judge that the adult criminal justice system could worsen the child's situation. Therefore, keeping the child’s case in the juvenile delinquency court would be an excellent way to give the minor the treatment and guidance he/she needs to make sound decisions in the future.

Whether the Child Benefited from Previous Treatment and Rehabilitation Efforts

When determining whether to transfer or send your child's case to the adult criminal justice system, the judge will assess the success of all previous attempts to rehabilitate the minor. A child being a repeat offender could indicate that he/she did not take lessons from previous mistakes and dispositions offered.

Due to this, the court could decide to transfer your child's case to adult court for stricter punishment that will make the minor a productive and law-abiding citizen.

What to Expect After a Transfer Hearing

When the court finds that your child is unfit for trial in an adult criminal court, his/her case will remain under the juvenile court's jurisdiction. If the court accepts the prosecutor's petition to transfer the child's case to adult court, the arraignment hearing will occur as soon as possible.

However, an experienced and skilled defense attorney could appeal against this court's decision. An appeal will give your attorney a second chance to convince the juvenile court judge why the minor's case should remain in the juvenile court.

Generally speaking, your child's attorney has up to twenty (20) days to appeal the juvenile court's decision from the date of the minor's arraignment hearing by filing a writ petition. Since keeping track of these dates could be overwhelming for you and your child, you can count on his/her attorney to receive timely reminders of the scheduled appeal date.

If your appeal is compelling and convincing, the judge will send your child's attorney an order to proceed with the case in juvenile court. However, when the juvenile delinquency court judge decides to stand firm with the previous judgment or decision, your child's attorney should begin preparing to challenge the allegations the minor is facing in an adult court.

If the delinquent act your child is up against is severe, or the minor has a criminal history, the chances of losing the appeal will be high.

Offenses That Could Make the Juvenile Court Judge Transfer Your Child's Case to Adult Court

The prosecutor could initiate a transfer hearing against your child if the delinquent act he/she is up against is specified or listed under WIC 707(b). Some of these severe offenses include (but are not limited to):

  • Voluntary manslaughter.
  • Carjacking.
  • Torture.
  • Arson.
  • Rape.
  • Drive-by shooting.
  • Assault with a destructive device or deadly weapon.
  • Attempted murder.
  • Murder.
  • Assault resulting in significant bodily injury.
  • Kidnapping for ransom.
  • Forcible sexual penetration.
  • Oral copulation by violence or force.
  • Assault.
  • Robbery.
  • Sodomy by violence or force.

When your child is under arrest for allegedly committing any of the above delinquent acts or offenses, the prosecutor could directly file his/her case in adult court or initiate a transfer hearing to receive a judge's judgment.

Potential Effects of Transferring Your Child's Case to an Adult Court

Generally speaking, there are significant differences between the brain of a child and an adult's. A child could find it challenging to control his/her behavior or resist peer pressure compared to an adult.

Although the adult and juvenile justice systems focus on protecting the public, the adult justice system is more punitive. Understanding the potential consequences your child can face after a conviction in an adult court can help you prepare everything you need for the best possible outcome in the minor's case.

Explained below are some of the detrimental consequences of transferring your child's case to the adult legal justice system:

Your Child Could Receive Severe Penalties

The potential penalties available in the adult legal justice system are harsher and more life-changing than those available in the juvenile justice system because they focus on the behavioral change of the child through rehabilitation. Therefore, you and your child need to prepare for possible severe penalties if the juvenile court judge decides to transfer the minor's case to the adult criminal justice system.

The severity of the penalties the minor will receive upon conviction in adult court will depend on the seriousness of his/her case, but generally, they include:

  • A fine.
  • Imprisonment.
  • Probation.

Probation will give your child the best rehabilitation opportunity of the above three potential outcomes of a conviction in an adult court. However, the minor will still be under strict supervision by a court-appointed probation officer during the probation period.

The Judge Has Limited Sentencing Options

Unlike in the juvenile justice system, where a judge has various disposition options for minors with sustained petitions, the adult court system has fewer sentencing options for convicted defendants. For instance, a juvenile court judge could allow a child with a sustained petition to continue schooling and attend counseling sessions to make him/her a productive citizen.

Even when the child receives a detention order, the minor will move to DJJ facilities, where he/she will receive additional and necessary rehabilitative services.

Conversely, the adult legal justice system primarily offers three potential outcomes in a criminal case, including a fine, imprisonment, or probation. In a few words, the penalties the child will likely receive in an adult court upon conviction will give the minor less room or a chance to reform and grow as a productive citizen.

Convictions in an Adult Court Are Public Records

Unlike the juvenile justice system, which is strict on protecting a minor's reputation, a conviction in an adult court will remain on your child's criminal record. That means the public or anybody interested in his/her criminal background will know the minor has a conviction record, which could make it challenging to do the following:

  • Obtain or secure reliable employment.
  • Obtain professional licenses.
  • Secure an apartment to live in.

An Adult Court Judge Could Use the Child's Confession Against Him/Her

Although your child has a legal right to remain silent to avoid self-incrimination during interrogations and court hearings, anything the minor decides to disclose to the interrogating officers will not apply against him/her.

However, in the adult criminal justice system, anything your child decides to disclose, the officers or the prosecutor can apply the information against the minor at trial or sentencing hearing.

It is worth noting that when the juvenile delinquency court transfers your child's case to the adult criminal justice system, the minor will have a right to post bail and go through a trial by a jury as an adult. Therefore, when the judge transfers the child to an adult court, you should work with a defense attorney to help secure the minor's release from jail on bail before his/her trial hearing.

Sealing Conviction Records in the Adult Criminal Court is More Challenging than in the Juvenile Court

Once your child serves his/her sentence, a reliable defense attorney can help the minor seal his/her arrest and conviction record to avoid the detrimental consequences caused by a conviction. Criminal record sealing will protect the minor from intense scrutiny by members of society once he/she is back in the community.

While a record-expungement and record-sealing procedure is available in the adult criminal justice system, it will require your child to satisfy several more eligibility requisites than those needed in the juvenile delinquency court.

How a Parent or Guardian Can Support a Child During the Transfer Hearing

Whether the juvenile court decides to keep your child's case in the juvenile legal justice system or transfer it to the adult court, the minor deserves your support and help during these challenging times. Below are various ways you can help the minor:

  • Visit the child often and make phone calls whenever you can to show the comfort and love you still have for him/her.
  • Let the attorney you will hire for the child know about any mental problems the minor is experiencing, including depression.
  • Support the minor emotionally because going through the legal justice system as a minor could be traumatizing.
  • Encourage the minor to participate and comply with the treatment and rehabilitation programs offered.

Although receiving news that your child is in police custody on suspicion that he/she is a suspect in a delinquent act or offense could be nerve-wracking and stressful, you should do whatever you can to help the minor.

The steps you take immediately after receiving information that your child is under arrest or in legal custody for an alleged delinquent act can increase his/her chances of obtaining a desirable outcome.

Frequently Asked Questions About a Transfer Hearing

Whether or not your child is under arrest, you could want to learn about the juvenile justice system to stay informed of what to expect when your child runs afoul of the law. Below are common questions that most parents will ask about a transfer hearing:

  1. Could My Loved One Face a Death Penalty Upon Conviction in an Adult Court?

No. Your child's defense attorney will aggressively fight to have the minor's case remain under the juvenile court’s jurisdiction since the available dispositions or sentencing options are not severe. However, the judge could decide to transfer the minor's case to adult court if it is sophisticated or if he/she is a repeat offender.

Fortunately, the minor cannot face life imprisonment or the death penalty that an adult facing a similar charge would face upon conviction, regardless of the severity of the minor's offense.

  1. What Will Happen if the Juvenile Court Fails to Transfer My Child to Adult Criminal Court?

If the juvenile court judge finds your child unfit for trial in the adult criminal justice system, the minor's case will stay in the juvenile court. That means the minor will pass through the remaining juvenile court procedures or hearings to challenge the allegations he/she is up against for the best possible results. Some of these hearings include:

  • Adjudication "trial" hearing.
  • Disposition "sentencing" hearing.

  1. How Can a Juvenile Delinquency Attorney Help My Child During a Transfer Hearing?

You cannot undermine the need for an attorney when dealing with any legal issue. Aside from being your child's legal counsel during these challenging times, you can expect the attorney you will hire to collect the necessary evidence and represent the minor in court for the best possible outcome.

Find a Reliable Anaheim Criminal Defense Attorney Near Me

If police arrest your child in Anaheim and the minor is facing a transfer hearing, you would want to retain the services of a competent defense attorney. You can rely on our reliable and knowledgeable defense attorneys at California Criminal Lawyer Group if your child is under arrest or investigated as a culprit in any delinquent act or crime.

Call us at 714-766-0965 and let our profound defense attorneys be your child's legal voice in court for the best possible outcome on the alleged delinquent act.