Under California law, juvenile cases can be sent to adult by two different methods.

Under proposition 21, the District Attorney can file a case directly against a child in Adult court for certain types of serious felonnies.

The more common method is through a "Fitness Hearing" under 707 of the Welfare and Institutions Code. If the case your child is accused of is a serious felony, the district attroney can petition the court for a 707 fitness hearing.  At a fitness hearing, the juvenile judge would decide whether to send your child to adult court.

Under 707 of the Welfare and Institutions Code, there are certain felony crimes considered "serious" enough to be given consideration of adult court.

They are the following:

   (1)     Murder
   (2)     Arson, as provided in subdivision (a) or (b) of the Section 451 of the Penal Code.
   (3)     Robbery
   (4)     Robbery with force or violence or threat of great bodily harm.
   (5)     Sodomy by force, violence, duress, menace, or threat of great bodily harm.
   (6)     Lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
   (7)     Oral copulation by force, violence, duress, menace or threat of great bodily harm.
   (8)     Any offence specified in subdivision (a) of Section 289 of the Penal Code.
   (9)     Kidnapping for ransom.
   (10) Kidnapping for purpose of robbery.
   (11) Kidnapping with bodily harm.
   (12)  Attempted murder.
   (13) Assault with a firearm or destructive device.
   (14) Assault by any means of force likely to produce great bodily injury.
   (15) Discharge of a firearm into an inhabited or occupied building.
   (16) Any offense described in Section 1203.09 of the Penal Code.
   (17) Any offense described in Section 12022.5 or 12022.53 of the Penal Code.
   (18) Any felony offense in which the minor personally used a weapon listed in subdivision (a)
   of Section 12020 of the Penal Code.
   (19) Any felony offense described in Section 136.1 or 137 of the Penal Code.
   (20) Manufacturing, compounding, or selling one-half ounce or more of my salt or solution of a
   controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety
   Code.
   (21) Any violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code,
   which would also constitute a felony violation of subdivision (b) of Section 186.22 of the Penal
   Code.
   (22) Escape, by the use of force or violence, from any county juvenile hall, home, ranch, camp,
   or forestry camp in violation of subdivision (b) of Section 871 where great bodily injury is
   intentionally inflicted upon an employee of the juvenile facility during the commission of the
   escape.
   (23) Torture  as described in Sections 206 and 206.1 of the Penal Code.
   (24) Aggravated mayhem, as described in Section 205 of the Code.
   (25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous    or deadly weapon.
   (26) Kidnapping, as punishable in subdivision (d) of Section 208 of the Penal Code.
   (27) Kidnapping, as punishable in Section 209.5 of the Penal Code.
   (28) The offense described in subdivision (c) of Section 12034 of the Penal Code.
   (29) The offense described in Section 12308 of the Penal Code.
   (30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.

What is the criteria that the judge will use in determining whether my child be sent to adult court?

Under Welfare and Institutions Code 707(a), the juvenile judge must evaluate five criteria:

1 - the degree of criminal sophistication exhibited by your child.

2 - whether your child can be rehabilitated before juvenile court jurisdiction expires;

3 - your child previous delinquent history.

4 - the success of previous attempts by juvenile court to rehabilitate your child; and

5 - the circumstances and gravity of the offenses alleged to have been committed by your child    

The 707 fitness hearing is a crucial juvenile proceeding.  Call the Law Offices of George Kita for a FREE consultation at (626) 975-2080 or at (866) 548-2529, or email him at juvylawyer@aol.com.