Alameda California Order to Transfer Juvenile to Criminal Court Jurisdiction - Welfare and Institution Code Section 707

State:
California
County:
Alameda
Control #:
CA-JV-710
Format:
PDF
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This is an official California Judicial Counsel approved form, a Juvenile Court Fitness Hearing Order document for use in California courts. Complete the form by filling in the blanks as appropriate. USLF control no. CA-JV-710

The Alameda California Juvenile Fitness Hearing Order, as defined under Welfare and Institution Code Section 707, is a legal term used to determine the physical and mental fitness of juveniles who are facing criminal charges in Alameda County, California. This particular code section is essential in the juvenile justice system as it outlines the criteria and considerations that are examined during the hearing to assess whether a juvenile should be tried as a minor or an adult. Key factors evaluated include the severity of the offense, the minor's age, and their prior criminal record. Through the Alameda California Juvenile Fitness Hearing Order, the court is able to determine the appropriate jurisdiction and level of punishment for the minor. It aims to strike a balance between the need to protect the community and the minor's potential for rehabilitation and reintegration into society. There are a few types of Alameda California Juvenile Fitness Hearing Orders that are often used in different scenarios. These may include: 1. Determination of Fitness Hearing: This type of hearing is conducted to evaluate whether a minor, based on their age and mental capacity, can understand the nature and consequences of the criminal proceedings against them. It assesses their ability to assist in their own defense and make informed decisions. 2. Transfer Hearing: A transfer hearing is held when considering whether a minor should be transferred from the juvenile court system to the adult criminal court system. This occurs when the minor is alleged to have committed a severe offense or if they have an extensive history of prior delinquencies. 3. Certification Hearing: In cases where a minor is alleged to have committed a serious offense, a certification hearing is conducted. It determines whether the minor should be tried as an adult, taking into account their age, maturity, and the gravity of the alleged offense. 4. Reverse Fitness Hearing: A reverse fitness hearing is conducted when initially, the minor was deemed unfit for the juvenile court system but may have undergone a significant change in circumstances or progress in rehabilitation, warranting a reassessment of their fitness. Overall, the Alameda California Juvenile Fitness Hearing Order, outlined in Welfare and Institution Code Section 707, plays a crucial role in ensuring that the rights and needs of juveniles in the criminal justice system are adequately addressed. It considers various factors to determine the most appropriate legal course of action, aiming to balance accountability with the potential for rehabilitation and reintegration into society.

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FAQ

Section 707 of the California Welfare and Institutions Code provides for a fitness hearing to determine if a minor offender should be handled by the juvenile court or transferred to adult criminal court.

A ?fitness hearing? occurs in court. It is like a brief trial, with witnesses and evidence called. At a fitness hearing, the judge makes a decision, with the help of the psychiatrist's opinion, about whether the accused is ?unfit to stand trial? or not.

Person offense cases had the largest proportion (12%) of very young juveniles (younger than age 13 at referral), followed by property and public order offense cases (8% each). For drug offense cases, a smaller proportion (3%) involved juveniles younger than age 13.

Juvenile probation is a court order given to about half of all offenders who enter the juvenile court system. Probation is an alternative to jail that comes with certain rules and restrictions the offender must follow.

A minor is at least 16 years old and is alleged to have committed any crime; or. A minor is 16 years or older and has allegedly committed a felony where he or she has previously been made a ward of the court and found to have committed two or more felony offenses while over the age of 14.

A fitness hearing is initiated by a prosecutor in juvenile court and is heard by a juvenile court judge in order to determine whether a juvenile would be ?fit? for the juvenile justice system.

A fitness hearing (also called a transfer hearing) is a proceeding in juvenile court in which a judge decides whether or not a minor should be transferred to face criminal charges in adult court. If the judge decides that the minor is ?fit? for the juvenile system, the minor stays in juvenile court.

California is the only state where a 16- or 17-year-old can receive a strike, impacting thousands of young people's lives. And though juvenile records are sealed at age 18, strikes follow a person into adulthood and can't be expunged. In California, a second strike doubles prison terms.

707(b) offenses. There are 29 offenses listed under California Welfare and Institutions Code § 707(b) that are considered serious or violent in nature. If a person commits one of these offenses at age 14 or older, he or she will no longer be eligible to seal his or her juvenile record. These offenses include: Murder.

What is a Juvenile Strike? Juvenile strikes are those crimes that would be considered strikes under the ?Three Strikes? law. These juvenile crimes are listed in Welfare & Institutions 707(b). Under certain circumstances, juveniles aged 16 and older can even be tried in adult court.

More info

All youth with a new grant of probation must complete an orientation and assessment. Juvenile Justice: What is "Juvie"?Agencies that provide service in a particular area of law. Alameda Police Officers are sworn peace officers per Section 830. 3.B. CONFFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to. Government Code Section 54956.8. Fruitvale Avenue Railroad Bridge, Alameda, California. Sec. 4018. Phone: 707-794-3330.

, email:. (email on file). DANGEROUS Driver's License suspension and revocation. California Vehicle Code Section 14043, Section. San Francisco Police Department., email:. (email on file). , email:. (email on file). San Mateo Police Department.;, Email:. (email on file). San Francisco Police Department : Email: DANGEROUS DRIVERS., (email on file). San Mateo Police Department : Email: DANGEROUS DRIVERS.;, Email:. (email on file). CALIFORNIA VEHICLE CODE. CONCEPT — DRIVER IN NEED OF REVIEW. California Vehicle Code — Title 15.

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Alameda California Order to Transfer Juvenile to Criminal Court Jurisdiction - Welfare and Institution Code Section 707