Juvenile Court Fitness Hearing as an Adult

At the Law office of David P Schwarz we have handled 100’s of fitness hearing hearings regarding Orange County juvenile law cases. We have save many juvenile offenders from adult Court. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

A Juvenile lawyer will help protect the juvenile child’s rights against prosecution by a District Attorney who attempts to move the child’s case from juvenile court to adult criminal court. The age by which the State of California permits the option by the Judge to move the child to adult court is normally 16 year of age.

A Juvenile Lawyer will argue vehemently against any motion made by the State of California. The motion must be made prior to a final adjudication of the juvenile child case in juvenile court. When the motion to transfer the juvenile case to adult court occurs the probation officer will draft a report getting information from the alleged victim and bring it to the court.

An Orange County Lawyer will argue against the victim impact statement being offered into evidence. However, In making its decision, the court shall consider the victim impact statement and other criteria to determine if the juvenile child shall go tot adult court to have their case tried.

Interestingly, if the juvenile defendant chooses to take a negotiated plea the court must first hear the motion to transfer the case prior to entering into a plea. Once the Judge makes its determination it must do so on the record in front of the open court.

At the Law office of David Schwarz we will fight against a judge making a ruling about the transfer of the juvenile case to the adult court. The Judge must first determine the degree of criminal sophistication exhibited by the minor. Often this is a very strong issue the judge must rely on in deciding the fate of juvenile defendant.

The judge will look at minor's age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense.

Furthermore, The Juvenile lawyer will argue to the Judge that the child was unable to appreciate risks and consequences. In addition, they will argue to the Judge that there was negative influence by the juvenile’s family on his behavior. Also that the juvenile suffered from childhood trauma.

Also the Judge will review whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction. Thus the juvenile Court will assess if the Juvenile child can be changed prior to becoming a adult. If they can show they can be rehabilitated then there is hope they will receive Juvenile court benefits.

At the Orange County Law office of David P Schwarz we will provide a strong defense to any wrongful attempt by the State of California to prosecute a minor child as an adult. Please contact our law office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.