What is the process of transferring a juvenile case to adult court?
The process of transferring a juvenile case to adult court in California is known as a transfer hearing. This is a court hearing where a judge will decide whether to transfer the juvenile’s case from juvenile court to adult court. In order for the transfer hearing to take place, the prosecutor must first file a petition for transfer. This petition must include a statement of facts and evidence that supports the transfer and a statement of the charges filed against the juvenile. During the transfer hearing, the prosecutor must show that the juvenile is no longer amenable to treatment in the juvenile court system. The prosecutor must also prove that the juvenile’s criminal conduct was committed under the age of 18 and that the crime was serious enough to justify criminal proceedings in adult court. The defense has the opportunity to present evidence and testimony in opposition to the transfer during the hearing. The defense must argue that the juvenile should remain in the juvenile system because the juvenile could still be rehabilitated and is not beyond the reach of the juvenile court system. The judge will then consider all of the evidence and testimony presented to determine if the juvenile’s case should be transferred to adult court. If the judge decides in favor of the transfer, the juvenile will then be tried and sentenced in an adult court.
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