Juvenile Defense Attorneys of Criminal Defense Team Score a Victory
When a juvenile (anyone under 18) is charged with a crime, the first question that faces the system is whether he or she will be tried as an adult or a juvenile. Under California's Welfare and Institutions Code the court can hold a hearing to determine whether the juvenile is "fit" to be prosecuted in the juvenile court or no, hence the Fitness Hearing. The same code section, W&I Code Section 707, lists a few crimes which if alleged against the minor shift the burden to him/her to establish that he is fit to stay in the juvenile court. The advantages of staying in the juvenile system are many, the most important of which are that if the case is lost the minor will not be sent to adult facilities, and the fact that certain serious crimes if litigated in the juvenile system will not be deemed to be a "strike" for the Three Strike Law purposes.
Unfortunately, those practicing juvenile criminal defense in Orange County , Los Angeles or Inland Empire know well that beating back the presumption created by the Welfare and Institutions Code Section 707 is next to impossible. That is why we are so proud of the ruling we obtained on behalf of our client C.B. in a case out of Sylmar's juvenile court in June of 2010. Our Los Angeles juvenile defender was able to convince the court that our client who was accused of having committed two serious felonies (strikes in adult court) was fit to be adjudged in the juvenile system. Our juvenile defense attorneys and our investigators presented an enormous amount of evidence documenting our clients mental state and his psychological problems as well issues related to his family and lack of criminal history. At the end the presiding Referee made the tough but right decision and he should be commended for it.
If you or a loved one is facing serious criminal charges such as rape, assault with a firearm, murder, shooting at a dwelling, etc., in the juvenile court system call us immediately for a free consultation.