CALIFORNIA JUVENILE COURT ATTORNEY

Juvenile Court Jurisdiction

Juvenile Court has jurisdiction over persons less than 18 years old when alleged conduct occurred. (California Welfare & Institutions Code 602(a).) Generally, juvenile court can retain jurisdiction until defendants 21st birthday, but, if defendant was convicted of a crime listed at 707(d)(2), (b) or (e), the court can retain jurisdiction until defendants 25th birthday. ( 607(a)-(b).)

Juvenile court does not have jurisdiction over a person 14+ and accused of a violent felony listed at 602(b)(1)-(2). These cases must be filed directly in adult court.

Prosecutor may file directly in adult court the case of a juvenile 16+ and accused of a crime listed at 707(b)(1)-(30).

Prosecutor may file directly in adult court the case of a juvenile 14+ and accused of a crime listed at 707(d)(2)(A)-(B) or a crime listed at 707(b)(1)-(30), if an aggravating factor listed at 707(d)(2)(C)(i)-(iv) also applies.

Prosecutor may also direct file in adult court the case of a juvenile 16+ accused of a crime listed at 707(d)(3)(A)-(C) and who has two prior felony convictions occurring when the defendant was 14+.

Prosecutor may move to transfer to adult court the case of any juvenile 16+. Court must order an investigation by the Probation Department, hold a hearing, and consider factors listed at 707(a)(1)(1)-(5). The court may transfer the case upon a finding that the juvenile is unfit for juvenile court.

Prosecutor may also move to transfer any juvenile 16+ with two prior felony convictions occurring when the juvenile was 14+. The court must order an investigation by the Probation Department, hold a hearing, and consider factors listed at 707(a)(2)(A)-(E). In cases where the juvenile is presumed to be unfit for juvenile court, juvenile court may only retain the case upon a finding that the juvenile is fit for juvenile court.

Prosecutor may move to transfer any juvenile 14+ and accused of a crime listed at 707(b)(1)-(30). Court must order an investigation by the Probation Department, hold a hearing, and consider factors listed at 707(c)(1)-(5). Where the juvenile is presumed to be unfit for juvenile court, juvenile court may only retain the case upon a finding that the juvenile is fit for juvenile court.

Other California State Statutes

• Notice of Appeal
• Effects of a Drunk Driving Charge on Driver's License
• Statutory Rape Limitations
• Juvenile Court Jurisdiction
• Expungement

Contact a Juvenile Court Attorney in California for a Free Criminal Case Consultation