When a minor commits a serious felony, particularly crimes listed under WIC 707(b), they may be unfit to face adjudication in a juvenile court. In that case, a judge holds a fitness hearing to determine whether the case should be transferred to an adult criminal court. If this happens, the child will face criminal charges like an adult and go through trial and sentencing if they are found guilty.

There are benefits and disadvantages to this. Thus, if your child is facing a fitness hearing, take time to understand what it entails, the possible outcomes, and what will happen to them afterward. Working closely with a skilled criminal attorney ensures you have all the information needed to understand what is at stake and your child’s best interests.

A Brief Overview of the Juvenile Court Process

Children commit crimes, just like adults. They commit both serious and minor offenses. However, juvenile cases are generally heard and determined in juvenile courts, where there is greater leniency than in adult criminal courts. The juvenile system is about giving juvenile offenders a second chance at life so that they can live crime-free lives. Thus, the system is more about treatment and rehabilitation than punishment.

When your child is suspected of violating the law, they will be arrested by the police, just like an adult offender would. Once they are at the station and the officer learns they are a minor, the officer can release them or refer the matter to the probation department. An officer can release a juvenile offender accused of a minor offense after issuing a stern warning against further violations. However, if the offense is serious, the prosecutor can file a petition in juvenile court against the minor.

The judge will review the petition upon receipt to determine the most suitable course of action. They can hear and determine the case in a juvenile court or transfer the matter to an adult criminal court. The latter is likely if the juvenile faces serious felony charges and is 16 or 17 years old. However, before making this decision, the judge must ensure that the minor cannot benefit from the juvenile justice system. That is why a fitness hearing is held to determine the minor's fitness in the juvenile justice system.

After your child’s arrest, you must be notified and kept informed about everything that is happening to them. You can engage a criminal attorney to ensure that your child’s best interests are considered in every juvenile court process. An attorney will also ensure you understand what to expect, depending on the nature and severity of the charges and your child’s history of delinquency.

What Happens in a Fitness Hearing?

Remember that a fitness hearing is held to determine whether a minor’s case will be held in a juvenile court or an adult criminal court. Thus, it must happen after an arrest and before the adjudication. It also happens when a minor is accused of a serious felony. During the hearing, the judge must evaluate the minor's maturity, criminality, and the possibility of benefiting from rehabilitation. The goal is to determine whether the juvenile justice system can benefit the minor. If it is established that the child will not gain much from rehabilitation and treatment, the judge will rule that the child’s case be transferred to an adult criminal court.

The prosecutor initiates the entire process. After receiving the case from the police or probation department, the prosecutor can file a petition against the minor in a juvenile court or initiate a fitness hearing. This all depends on the minor’s history of delinquency and the nature of charges they face. Here are the circumstances under which the prosecutor can initiate a transfer hearing against your child:

  • If your child is at least 16 years old
  • If they are charged with a serious felony, or any of the crimes listed under WIC 707(b)
  • If your child committed a serious felony when they were 15 or 16, but was not arrested until they were 18 or older.

In most cases, the prosecutor will initiate a transfer hearing if the crime your child is alleged to have committed is listed under WIC 707(b). These are serious or violent felonies that can be committed by minors and adults alike. They are considered the most severe crimes under California law, and mainly involve weapons, violence, or significant harm to human life. Examples of these crimes include the following:

  • Murder or attempted murder, PC 187
  • Robbery, PC 211, especially when one is armed or causes a serious injury.
  • Carjacking, PC 215.
  • Kidnapping, including kidnapping for ransom or robbery, PC 209
  • Forcible sexual assault, including rape, sodomy, oral copulation through force or violence.
  • Arson, especially if it causes great bodily injury or happens in an inhabited structure.
  • Assault using a Firearm, a destructive device, or any other dangerous weapon
  • Aggravated mayhem.

Before holding a transfer hearing, the prosecutor must give the court and other parties involved a 5-day notice. This should help you prepare for the hearing and hire an attorney for advice and support.

Factors That Judges Consider During a Fitness Hearing

Remember that when it comes to minors, the justice system is mainly geared towards leniency rather than punishment. Even after committing a serious felony, a minor can still be deemed fit to face adjudication in a juvenile court. The results of this would be treatment and rehabilitation, to give them a chance to move past their criminal past. However, the judge’s final ruling comes after careful consideration, especially of the following factors:

Degree of a Minor’s Criminal Sophistication

In this case, the judge must consider how the minor committed the crime they are accused of. They will review evidence to determine the manner in which the minor acted during the commission of the crime, whether there was prior planning, and the calculations made before the offense. The judge will also consider whether the minor’s actions were impulsive or deliberate. They will focus on premeditation, the use of weapons, cunning, and whether the minor made efforts to hide evidence. If a juvenile behaved as a criminal adult would, they could be tried as an adult.

If the Minor Can Be Treated or Rehabilitated

Remember that the juvenile justice system mainly exists to help juvenile offenders move past their criminal behavior. In this case, it offers treatment and rehabilitation rather than punishment, giving children a chance to correct their behavior and lead crime-free adult lives. In this case, the judge must consider whether your child can benefit from rehabilitation or treatment before the juvenile court’s jurisdiction over the matter expires. If there is a chance that your child can be helped to improve, the judge will rule that the case be heard and determined in juvenile court; if not, a transfer will be ordered.

The Minor’s History of Delinquency

The judge will also determine whether your child has a criminal history and whether they have benefited from the juvenile justice system. If it is the first time your child is facing an arrest, the judge may be lenient enough to allow them to be adjudicated in juvenile court. However, if they have a serious history of delinquency and have not been successfully rehabilitated in the past, there is a possibility that they may not benefit much from the juvenile justice system. In this case, a transfer would be the most ideal option.

The Success of the Previous Rehabilitation Attempts

The judge will review the success of any rehabilitation or treatment that your child has received in the past. This will determine how likely they are to benefit, or otherwise, if the child’s case is heard and determined in juvenile court. If the final determination is that the minor cannot benefit much from remediation and rehabilitation, the judge may order the case transferred to an adult criminal court.

The Seriousness of the Crime

Remember that fitness hearings are generally held when the alleged crime falls under WIC 707(b). If your child’s case falls under this category, and they were at least 17 when they committed it, a transfer can happen.

The Rights of Your Child in a Fitness Hearing

The justice system must always consider human rights, regardless of the seriousness of the charges a person is facing. Thus, your child has rights that must be respected before, during, and after the transfer hearing. Your child’s attorney will ensure that you understand these rights to protect your child. They will also protect those rights and ensure that your child’s best interests are considered during the final ruling. Here are some of your child’s rights that you should know about:

The Right to Legal Representation

Your child can have or not have an attorney during the fitness hearing. You can hire a private attorney or request a public defender. The attorney will play a key role in ensuring that the outcome of the fitness hearing is favorable to your child. For example, they can fight any evidence that could result in the transfer of your child’s case to an adult criminal court. They can also introduce mitigating factors to convince the judge to hear and determine the case in a juvenile court. The goal is to keep the minor in the juvenile justice system, where they will receive treatment and rehabilitation and not punishment.

The Right to Present Evidence

Your child has the right to gather and present evidence to influence the outcome of a fitness hearing. They can present evidence to counter the charges they face, or use eyewitness testimonies to prove that they need and can benefit from treatment or rehabilitation. They can bring a mental health professional, school personnel, or a family member who can provide statements that prove the child's need for the juvenile justice system.

The Right to Cross-Examination

Your child has the right to cross-examine or confront any witness brought to the hearing by the prosecution team. They can do this to weaken the prosecutor’s case and to gain an upper hand in the matter.

The Right to an Appeal

Your child has the right to appeal the final ruling if it is unfavorable. They can do this with the help of a competent criminal attorney. Their attorney can file an appeal to prevent the prosecutor from filing a criminal case against the child. If the appeal is accepted, the attorney can help your child prepare well to ensure that the final ruling will be in their favor. They can gather even stronger evidence and bring expert witnesses to speak in favor of your child.

Your Parental Rights

It is also important to know and understand your rights as a parent or guardian of a child facing a fitness hearing in California. Some of the rights you have, which you must protect, include the following:

  • The right to an attorney, who will ensure that you know what to expect throughout the court process. You can hire one attorney or request one public defender to represent you and your child
  • The right to participate in the fitness hearing and other court processes before and after the hearing
  • The right to be notified of everything that happens to your child and your child’s case
  • The right to have your child’s best interests considered during the fitness hearing, including their safety, health, and general well-being
  • The right to appeal your child’s case if you are not satisfied with the outcome of the fitness hearing

Possible Outcomes of a Fitness Hearing

There are mainly two possible outcomes of a fitness hearing:

  • Your child’s case remains in the juvenile court
  • The case is transferred to an adult criminal court

The Juvenile Court

If the fitness hearing determines that your child is fit for adjudication in juvenile court, the judge will set a date for an adjudication hearing. This is when the judge will hear the case and the evidence brought against the minor. An adjudication hearing is primarily a fact-finding hearing in which the judge considers the evidence to determine whether the petition against the minor is true. If the allegations are true and supported by evidence, the judge will sustain the petition and set a date for a disposition hearing.

A disposition hearing is like a sentencing hearing, in which the judge determines the appropriate disposition or penalty for the minor. However, because this is handled through the juvenile justice system, the disposition must be tailored to the minor's treatment and rehabilitation needs. The court will involve the probation department to determine the best rehabilitative measures for your child. This may include community service, counseling, probation, or placement in a residential facility.

The Criminal Court

If a fitness hearing determines your child unfit for the juvenile court, the judge will rule that their case be transferred to an adult criminal court. The prosecutor will file charges against your child, triggering an initial hearing before a judge. The child can be granted bail before a jury trial. Other court processes may follow, depending on the nature and seriousness of the charges.

If a jury trial finds your child guilty of the charges, the court can convict them. Remember that these processes mainly occur when a minor is facing serious or violent felony charges. This means that a conviction will result in serious penalties under the law. Since the minor is tried as an adult, the conviction and sentencing will happen just the same way they would for an adult.

However, there are some benefits your child can enjoy if their case is transferred to an adult criminal court. Your child can be released on bail if they are eligible for a pretrial release. This gives them time to plan their defense effectively. They can meet with their attorney, gather evidence, and prepare compelling statements to convince the court to rule in their favor.

Additionally, your child is tried by a jury in an adult criminal court. The jury reviews evidence from the prosecution and the defense to make the final ruling. The prosecution must also prove the case beyond a reasonable doubt to get a conviction, which can be challenging. With the right defense, your child has a better chance of avoiding a conviction in a criminal court.

Find a Competent Criminal Attorney Near Me

Is your child facing serious felony charges in Los Angeles and is awaiting a fitness hearing?

Understanding what a fitness hearing entails, its benefits, and possible outcomes is helpful. You should also find out your rights and your child’s rights, and how you can protect your child's best interests. You can do this task with the assistance of a competent criminal attorney.

At Los Angeles Criminal Lawyer, we know how confusing the juvenile court processes can be. We can help you understand what to expect before, during, and after the fitness hearing. We can also represent your child during the hearing. We can help you fight for a favorable outcome in your child’s case. Call us at 310-502-1314 to start all legal processes with us.