What is the process of transferring a juvenile case to adult court?
In California, there are three primary ways in which a juvenile case may be transferred to adult court. First, a prosecutor may request that a minor be certified as an adult. This is done through a hearing in which the judge considers certain factors, such as the minor’s prior criminal history, the seriousness of the alleged offense, and the minor’s potential for rehabilitation. If the judge decides that the minor should be certified as an adult, the case is transferred to adult court. Second, a juvenile judge may transfer a case to adult court if the minor is charged with a serious or violent felony offense. In California, if the minor is at least 16 years old and the charges meet certain criteria, the judge can order that the case be tried in adult court. Finally, if a minor is charged with a felony offense and they have a prior conviction as an adult, the case may also automatically be transferred to adult court. In all of these instances, the juvenile is entitled to a hearing in which they can present evidence in their defense. If the judge determines that the minor should be tried as an adult, their case will be transferred and they will be subject to the same penalties as an adult.
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