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Protecting Minors from Adult Court Transfer in Serious Criminal Cases
In California, minors as young as 14 can be transferred to adult court for serious charges. This decision can bring harsher penalties and lifelong consequences.
For parents, this possibility is overwhelming. But with the right legal support, it’s often possible to fight the transfer and keep the case in juvenile court. At the Law Office of Katie Walsh, we guide families through every step. A skilled Orange County, CA, Juvenile Defense Lawyer can help protect your child’s future when it matters most.
When Can a Minor Be Tried as an Adult in California?
Under Welfare & Institutions Code § 707, prosecutors can request a “transfer hearing” for minors, usually those 16 and older, who are accused of serious offenses. In some cases involving older crimes, even 14- or 15-year-olds may qualify.
Charges that commonly lead to transfer requests include:
- Violent felonies: Includes crimes like assault with a deadly weapon or attempted murder
- Sex offenses: Covers certain serious or aggravated sexual crimes
- Gang-related or repeat violent offenses: Involves ongoing or organized criminal behavior
If the court approves the transfer, your child’s case is no longer in the juvenile system. Instead, they face the adult criminal process, including the possibility of prison time. This is why having an experienced Orange County Juvenile Defense Lawyer is important from the start.
What Happens at a Juvenile Transfer Hearing?
A transfer hearing isn’t about guilt or innocence. It’s about deciding whether the case stays in juvenile court or moves to adult court. Judges in California consider five key factors:
- Criminal sophistication
- Potential for rehabilitation
- History of delinquency
- Effectiveness of past interventions
- Seriousness of the current offense
This hearing is where your child’s future is decided. A strong legal defense helps the judge understand your teen as a full person, not just the accusations. As your Orange County, CA, Juvenile Defense attorney, our job is to present every piece of that picture clearly and powerfully.
Why Adult Court Is So Much Harsher for Minors
If a case moves to adult court, teens lose many of the protections meant for youth. The system becomes far more punitive, with outcomes like:
- Public criminal records: The case becomes part of a permanent, searchable record
- Harsher sentencing: Penalties can include long prison terms
- Less access to education or counseling: Fewer resources focused on rehabilitation
- Possible housing with adult offenders: Teens may be placed in unsafe environments
Because of these outcomes, every effort should be made to keep a case in juvenile court. An experienced Orange County Juvenile Defense attorney can argue effectively for rehabilitation, not punishment.