Key Takeaways

• Most juvenile cases remain in juvenile court, but certain serious felony cases can be considered for transfer to adult criminal court.
• Generally, the youth must have been 16 or older when the alleged felony occurred, with limited exceptions for certain 14- or 15-year-olds.
• The prosecutor must prove that transfer is appropriate by clear and convincing evidence.
• The judge considers factors including the alleged offense, the youth’s history and development, and potential for rehabilitation.
• A transfer order can be reviewed through the appellate process, but strict deadlines apply.

When a juvenile is accused of a serious crime, one of the biggest questions parents may have is: Could my child be charged as an adult?

In California, most juvenile cases stay in juvenile court. However, California law allows certain serious cases involving older juveniles to be transferred to a court of criminal jurisdiction, commonly called adult court.

For families in Riverside County, understanding how this process works can make a stressful situation a little easier to navigate. Here is what parents and juveniles should know.

Juvenile Court Is Different From Adult Criminal Court

California treats juvenile cases differently from adult criminal cases. Juvenile court generally focuses on accountability, rehabilitation, and helping young people avoid future involvement with the justice system.

In many cases, a juvenile accused of a crime will face a delinquency case under California Welfare and Institutions Code section 602. The case is handled in juvenile court rather than the regular criminal courts.

There are also important differences in how juvenile cases are handled, including:

• Different court procedures
• Different potential consequences
• A greater focus on rehabilitation
• Special rules concerning juvenile records
• Different custody and detention requirements

The California Penal Code also contains provisions concerning criminal responsibility. For example, Penal Code 26 (PC 26) establishes rules concerning the criminal capacity of children under certain circumstances. However, when it comes to deciding whether an older juvenile’s case should move to adult court, Welfare and Institutions Code 707 (WIC 707) is the key law.

When Can a Riverside Juvenile Case Go to Adult Court?

A juvenile cannot simply be sent to adult court because the accusation is serious.

Under current California rules, a youth may be considered for transfer when they were:

• 16 or older when the alleged felony was committed; or
• 14 or 15 when the alleged offense is one of the serious offenses listed in WIC 707(b), and the youth was not apprehended until after juvenile court jurisdiction ended.

This means age and the specific offense both matter. For example, a serious felony allegation involving a 17-year-old may potentially lead to a transfer hearing. However, that does not mean the juvenile automatically goes to adult court. Instead, the prosecutor must ask the juvenile court to transfer the case.

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 prosecution has the burden of proving that transfer is appropriate by clear and convincing evidence. The court must consider the statutory factors under WIC 707 and determine whether the youth should be transferred and whether the youth is amenable to rehabilitation in the juvenile system.

The court can consider information about the juvenile and the alleged offense, including:

• The circumstances and seriousness of the alleged offense
• The juvenile’s previous delinquency history
• The juvenile’s behavior and social history
• The circumstances surrounding the offense
• The juvenile’s developmental characteristics
• The potential for rehabilitation
• Whether rehabilitation could reasonably occur within the juvenile court system

A probation officer also prepares a report regarding the youth’s behavioral patterns and social history for the court to consider. Importantly, the court, and not simply the prosecutor, makes the decision about whether the case should be transferred.

What If the Case Is Transferred?

If the Riverside juvenile court grants the transfer request, the case moves into the criminal court system. That can dramatically change what the juvenile and family are facing. Instead of proceeding as a juvenile delinquency matter, the youth will face prosecution in criminal court.

The court must enter an order explaining the basis for the transfer, including the factors it relied upon and why it found that the youth was not amenable to rehabilitation while under juvenile court jurisdiction.

A transfer order is also subject to review. Under California Rules of Court, Rule 5.770, an order granting transfer is immediately appealable, with specific deadlines for seeking review.

Because these deadlines can be short, families should not wait to seek legal advice.

What Should Parents Do If Their Child Is Facing Transfer?

If your child is facing a serious felony allegation in Riverside County, the situation should be taken seriously from the beginning. A juvenile transfer hearing can have major consequences for the future. However, being accused of a serious crime does not automatically mean the case will be transferred to adult court.

The right defense strategy depends on the facts, the juvenile’s history, the alleged offense, and the circumstances surrounding the case. If your child has been arrested or accused of a crime in Riverside County, contact Inland Empire Criminal Defense at 909-939-7126 to speak with an experienced criminal defense attorney who has handled hundreds of cases similar to this one. Your first consultation is free.

FAQs

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

Yes. California law allows certain serious cases involving older juveniles to be transferred from juvenile court to criminal court. However, transfer is not automatic.

2. What age can a juvenile be transferred to adult court in California?

Generally, a youth must have been at least 16 when the alleged felony occurred. There is a limited exception for 14- and 15-year-olds accused of certain serious offenses listed under WIC 707(b).

3. Does being charged with a serious felony automatically send a juvenile to adult court?

No. A prosecutor must seek a transfer, and the court must evaluate the applicable legal factors before deciding whether the case should move to criminal court.

4. Can a juvenile fight an adult-court transfer?

There are procedures for challenging a transfer decision. An order granting transfer is immediately appealable, and specific filing deadlines apply, so legal advice should be obtained quickly.