A close analysis of the juvenile arrests in 2015 found that there were nearly 72,000 juveniles arrested within California. In some cases, those juveniles can save a lot of time, hassle, and money by arguing that the statute of limitations bars them from being tried for their alleged crimes. Why? Because the juvenile laws and the statute of limitations that govern them are complicated. Read on to learn more and then contact Law Office of Michael L. Fell at (949) 585-9055 to speak to a California juvenile crime attorney.
Some crimes are almost always charged in adult court
The first thing to keep in mind is that some crimes are considered serious enough that they’re almost always going to be charged in adult court, provided the defendant is at least 14 years old. As a result, their statute of limitations will be based on the statute for adult courts. Some examples include:
- No statute of limitations for murder or rape
- 3 – 6 years for arson, kidnapping, or robbery
- 1 – 6 years for manslaughter
As you can see, the statute of limitations varies greatly based on the specific crime and the amount of time within those ranges will vary based on evidence, criminal background, and other factors.
California’s juvenile court system
In juvenile court, jurisdiction may continue over a juvenile offender until they reach the age of 21, provided the offense was committed before their 18th birthday. If the offense was committed after that time, then the charge will go through the adult system. In the event that the juvenile is committed to the California Youth Authority, the juvenile courts can continue jurisdiction until the person reaches 25 years old. At that point, any future charges they face will be in adult court.
The DA may file for a fitness hearing
There are many reasons that you want a charge to be filed in juvenile rather than adult court. First, the sentence is likely to be lighter. Second, the purpose of juvenile court is to help prevent future criminal activity by reforming the accused. On the other hand, the purpose of adult court is to punish the individual.
In some cases, a prosecutor may request a fitness hearing, which is used to determine if a minor should be tried as a juvenile or an adult. This hearing can be held only if the offender is at least 14 years old. The court will then determine if the child should be tried in an adult court. There are five factors they’ll use to make the decision, including the offender’s criminal past, record of rehabilitation, the level of criminal sophisticated involved in the crime, the specific facts of the crime, and whether the offender could be rehabilitated before the end of the juvenile court’s jurisdiction.
As you can see, many issues in the juvenile court system come down to opinions and not facts. This is just one of the reasons you need an experienced juvenile defense attorney. Call Law Office of Michael L. Fell at (949) 585-9055 today to get started.