Key Takeaways

• Not every serious juvenile case goes to adult court. California law provides a transfer process for certain young people accused of serious felonies.
• The prosecutor must prove that transfer is appropriate. At a WIC 707 transfer hearing, the burden is on the prosecution, and the standard is clear and convincing evidence.
• The court considers rehabilitation. The judge looks at factors including the alleged offense, the youth’s history, development, and whether the young person can be rehabilitated through the juvenile system.
• Being transferred can mean facing adult criminal court. If the court orders a transfer, the juvenile case moves into the criminal court system.
• Early legal representation matters.

When a juvenile is accused of a serious crime, one of the most frightening things a family can hear is: “Your child could be tried as an adult.” In Riverside County, California, most young people accused of crimes begin in juvenile court. However, California law allows certain cases to be transferred to adult criminal court. When that happens, the potential consequences can become much more serious.

So, what does it actually mean when a juvenile is charged as an adult? And can the transfer be stopped?

Here is what parents and young people should know.

When Can a Juvenile Be Tried as an Adult in California?

California law does not allow prosecutors to simply decide that every serious juvenile case belongs in adult court. Instead, the law provides a process for determining whether transfer is appropriate.

Under Welfare and Institutions Code 707 (WIC 707), a youth who was 16 or older when an alleged felony was committed may be considered for transfer to adult criminal court. There is also a narrow situation involving certain serious offenses committed at age 14 or 15 when the person was not apprehended before juvenile court jurisdiction ended.

Serious allegations that can lead to a transfer request may include crimes such as:

• Murder
• Certain sex offenses
• Robbery
• Certain firearm offenses
• Other serious felonies listed under WIC 707

Importantly, being accused of a serious crime does not automatically mean the juvenile will be tried as an adult.

Instead, the case may proceed to a transfer hearing.

What Happens at a Juvenile Transfer Hearing?

A transfer hearing is where the juvenile court decides whether the case should remain in juvenile court or move to adult criminal court.

The prosecutor has the burden of proving, by clear and convincing evidence, that transfer is appropriate. The court considers the statutory factors and whether the young person is amenable to rehabilitation in the juvenile system.

The court can consider information such as:

• The circumstances and seriousness of the alleged offense
• The youth’s previous delinquency history
• Whether previous rehabilitation efforts were successful
• The youth’s developmental maturity
• The youth’s social and family history
• The potential for rehabilitation
• The circumstances surrounding the alleged offense

The court must also explain the reasons for a decision to transfer the case to adult court. This is why a strong defense at the transfer hearing can be extremely important.

What Changes If the Case Goes to Adult Court in Riverside?

The difference between juvenile and adult court can be significant.

In juvenile court, the focus is generally on rehabilitation, treatment, accountability, and the young person’s development. If a case is transferred to adult court, however, the youth faces the adult criminal justice system.

That can mean:

• Adult criminal charges
• Potential state prison exposure
• Adult criminal court procedures
• A potential adult conviction
• Long-term consequences for employment, education, housing, and other areas of life

California has also established special protections for people who committed offenses as juveniles. For example, California Penal Code 3051 (PC 3051) provides youth offender parole hearings for eligible people who committed their controlling offense at age 25 or younger. The law provides different parole-review timelines depending on the sentence and offense.

Therefore, being transferred to adult court is extremely serious, but it does not mean the law completely ignores the fact that the person was a juvenile when the offense allegedly occurred.

Why Early Legal Help Matters

If your child is facing the possibility of being tried as an adult in Riverside County, timing matters.

The transfer process is different from simply defending the underlying criminal allegation. An attorney may need to prepare specifically for the WIC 707 hearing and present evidence showing why the juvenile should remain in the juvenile system.

That could include information about:

• School records and achievements
• Family and community support
• Mental health or treatment history
• Prior rehabilitation efforts
• The youth’s developmental history
• Positive changes since the alleged offense
• Other evidence showing potential for rehabilitation

A juvenile’s future can depend on more than what prosecutors allege happened. The court may also need to understand who that young person is and whether rehabilitation is possible.

If your child is facing serious juvenile charges in Riverside County, do not wait to see what happens next. Call Inland Empire Criminal Defense at 909-939-7126 to speak with an experienced criminal defense attorney who has handled hundreds of cases similar to yours. An attorney can review the allegations, explain the juvenile and adult court process, and work to protect your child’s rights and future. The first consultation is free.

FAQs

1. Can a juvenile be tried as an adult in Riverside County?

Yes, in certain circumstances. California law allows the prosecution to seek transfer to adult criminal court for qualifying juvenile cases, including certain felony allegations involving youth who were 16 or older when the alleged offense occurred.

2. What is a WIC 707 transfer hearing?

A Welfare and Institutions Code 707 (WIC 707) transfer hearing is a proceeding where a juvenile court judge decides whether a qualifying case should remain in juvenile court or be transferred to adult criminal court. The prosecution must establish the required criteria by clear and convincing evidence.

3. Can a juvenile’s transfer to adult court be challenged?

Yes. A transfer order is subject to immediate appellate review, and California’s rules provide specific deadlines for seeking that review. Because those deadlines can be short, a family should speak with a qualified juvenile defense attorney as soon as possible.