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

State:
California
City:
Santa Maria
Control #:
CA-JV-710
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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 Santa Maria California Juvenile Fitness Hearing Order is a legal process governed by Welfare and Institution Code Section 707 that pertains to juvenile offenders in the Santa Maria, California area. This hearing order is crucial in determining whether a juvenile should be tried as an adult or remain under the jurisdiction of the juvenile court system. Juvenile Fitness Hearing Order under Welfare and Institution Code Section 707 serves as a mechanism to assess the fitness of a juvenile defendant to be tried in the adult court system. Juveniles between the ages of 14 and 17 who are accused of committing specified serious offenses listed in the code section may be subject to this order. The purpose of the Santa Maria California Juvenile Fitness Hearing Order is to carefully evaluate several factors to determine if the accused youth should be transferred to adult court. These factors may include the gravity and circumstances of the offense, the minor's previous delinquency record, the minor's experiences in previous rehabilitation efforts, and the minor's demonstrated amenability to treatment and rehabilitation within the juvenile court system. Under Santa Maria California Juvenile Fitness Hearing Order — Welfare and Institution Code Section 707, there are different types of fitness hearings that can take place. They include: 1. Transfer Hearing: This type of hearing occurs when the prosecution requests the transfer of the juvenile case to adult court. The fitness of the minor to be tried as an adult is scrutinized during this hearing. 2. Reverse Transfer Hearing: In some cases, the defense may request a reverse transfer hearing, which is held to argue against the transfer of the case to adult court. The defense aims to prove that the minor is more suitable for rehabilitation and treatment within the juvenile court system. 3. Determination of Fitness Hearing: This hearing is conducted to decide if the minor accused of a specified serious offense is fit to be tried as an adult. The court assesses various factors outlined in Welfare and Institution Code Section 707 and determines whether the minor should be transferred or remain under juvenile court jurisdiction. 4. Competency Hearing: In certain situations, if there are concerns about the accused minor's mental competency to stand trial, a competency hearing may be held. This determines whether the minor has the mental capacity to understand the proceedings and assist in their defense. The Santa Maria California Juvenile Fitness Hearing Order — Welfare and Institution Code Section 707 plays a crucial role in the justice system, ensuring that appropriate measures are taken for juvenile offenders in Santa Maria, California. The hearings provide an opportunity to carefully consider the circumstances and individual characteristics of each case, allowing for fair and just outcomes.

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FAQ

Adjudicated delinquent: A youth who has been found by a judge in juvenile court to have committed a violation of the criminal law, that is, a delinquent act.

Law enforcement agencies are the primary source of referrals into the juvenile justice system. Approximately 86% of cases come from police agencies. The remaining 14% are referred by schools, social service agencies, or parents.

Youth who are formally processed in the juvenile justice system will be adjudicated. Some of these cases will be dismissed, and the youth involved will be released from further involvement with the court. Others will be adjudicated as delinquent and will proceed to juvenile corrections programs or other dispositions.

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.

The referral reason is reason that the case was referred to Probation. The petition reason is the offense allegedly committed which is placed on the written petition to the court. It is prepared by the District Attorney's office, the initial investigation is conducted by the Probation Officer.

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.

For a juvenile who is adjudicated and whose petition is sustained (tried and convicted) in juvenile court, the offender can be placed on probation in the community, placed in a foster care or group home, incarcerated in the county's juvenile ranch or camp, or sent to the Youth Authority as a ward of the state.

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.

Petition: A document filed in juvenile court alleging that a juvenile is a delinquent or a status offender and asking that the court assume jurisdiction over the juvenile or that an alleged delinquent be transferred to criminal court for prosecution as an adult.

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The booklet is based on California law as of March 2007. Under California Welfare and guardian in order to qualify for these.Institutions Code § 361. The Supreme Court, which was regularly traveling up and down the state hearing oral arguments in San Francisco, Sacramento, and Los Angeles,. When completing the FAFSA, please indicate "Chapman University, Orange,. California" in step six of the form.

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