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California Juvenile Fitness Hearing Order - Welfare and Institution...

Clovis California Juvenile Fitness Hearing Order - Welfare and Institution Code Section 707

Name: Clovis California Juvenile Fitness Hearing Order - Welfare and Institution Code Section 707
Brand: US Legal Forms
Rating: 4.84 (464 reviews)

Category:

California Family Law - Statewide - Juvenile Court

State:

California

City:

Clovis

Control #:

CA-JV-710

Format:

Instant download

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Description

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

Clovis California Juvenile Fitness Hearing Order — Welfare and Institution Code Section 707 refers to a legal process that determines the fitness of a juvenile to stand trial in criminal court. This hearing order is outlined in the specific section of the Welfare and Institution Code in California. During the Clovis California Juvenile Fitness Hearing Order, the court evaluates multiple factors to determine the mental and physical capabilities of the juvenile to participate in their own defense. This assessment helps the court in deciding if the juvenile possesses sufficient understanding of the proceedings and can assist their attorney adequately. Keywords: Clovis California, Juvenile Fitness Hearing Order, Welfare and Institution Code Section 707, fitness hearing, juvenile, trial, criminal court, legal process, mental capabilities, physical capabilities, defense, understanding, attorney. There are no specific types of Clovis California Juvenile Fitness Hearing Order mentioned in the given information.

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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.

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.

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 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.

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.

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.

725(b) WIC ? Wardship Probation: The juvenile is a ward of the Court (i.e. the Court has jurisdiction and authority over the juvenile). This is only a six period probation term with specific probation terms and conditions.

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.

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.

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Clovis California Juvenile Fitness Hearing Order - Welfare and Institution Code Section 707

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Can a juvenile get a strike in California?

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How long can a juvenile stay on probation California?

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