What is a juvenile transfer hearing?
A juvenile transfer hearing is a judicial hearing in California that evaluates if a juvenile offender should be tried in juvenile court or should be “transferred” to criminal court. In California, minors beginning at age 14 can be tried as adults for certain serious offenses. When a juvenile offender is charged with a serious crime, the District Attorney has the discretion to decide whether to pursue the case in juvenile court or to request a transfer hearing. During a transfer hearing, the court considers certain factors regarding the juvenile’s past, including their age, criminal history, and the severity of their alleged offense. Evidence including witness testimonies, psychological evaluations, and police reports may be presented to the court. Depending on the evidence presented, the court has the authority to deny the transfer or to explicitly approve it. If a juvenile is transferred to criminal court, they may be subject to more severe punishments than if they were tried in juvenile court. Juvenile transfer hearings are often controversial as they stand to provide more severe sentences to juvenile offenders than other offenders of similar ages. As such, it is imperative that if a juvenile is facing such a hearing, they are represented by an experienced attorney familiar with juvenile crimes law.
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