Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My son was recently arrested and they are ting to try m as…

Customer Question
My son was recently arrested...
My son was recently arrested and they are ting to try him as an adult what can I do to make sure he stays in juvenile court
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 22 minutes by:
3/7/2016
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,326
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I look forward to assisting you.

I'm sorry to hear about your son's circumstances.

If the prosecutor wants to charge a minor as an adult, whether or not the minor can remain in juvenile court comes down to what a judge decides during the minor's fitness hearing. If the judge decides that the minor is "fit" for the juvenile system, the minor stays in juvenile court. If not, the minor gets transferred to adult court.

A minor tried in adult court potentially faces the prospect of a lengthy sentence in adult prison with adult offenders. At worst, a minor adjudicated within the juvenile system faces commitment to the California Youth Authority until the age of 25.

In determining whether a minor is fit for juvenile court, the judge will evaluate the following five factors:

  1. The degree of criminal sophistication exhibited by the minor.
  2. Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction.
  3. The minor's previous delinquent history.
  4. Success of previous attempts by the juvenile court to rehabilitate the minor.
  5. The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.

The judge is allowed to consider extenuating or mitigating factors in making its evaluation.

When the minor is presumed to be unfit, in order to stay in juvenile court the minor must prove his or her amenability to juvenile treatment under each of the five criteria.

As to what you can do to help him? It's going to sound like a cliche answer, but the best thing you can do for your son is to get him a skilled criminal defense attorney who has handled juvenile cases. There is really nothing you or anyone else can personally do to ensure his case doesn't end up in adult court , because ultimately, it's up to the court to decide based on those factors enumerated above. He needs a lawyer to raise extenuating/mitigating factors wherever possible and prove that juvenile treatment is what is best.

For example, a prosecutor might argue that your son is close to 18 year old, and therefore the matter should be transferred to adult court. But perhaps there is a mitigating factor that emotionally, he's younger than that, and often acts younger then his age in his behaviors (perhaps a therapist could even evaluate him beforehand) and is he susceptible to outside influence of older people because he is too trustworthy. Or, perhaps the crime he is accused of is extremely serious, but the mitigating factor is that your son played a minor role (e.g., he was the getaway driver in a robbery on what he thought was an empty house, and had no idea that people inside were assaulted). An attorney can also point out other factors to the court as to why his case shouldn't be transferred - perhaps he has no prior record, or if he does, perhaps the prior(s) were for minor crimes, and he has stayed out of trouble for an extended period.

If you need clarification or additional information, please reply, and I'll be happy to assist you further. Thank you.

Ask Your Own Criminal Law Question
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago

If you do not have any further questions about this matter, please remember to leave me a positive rating (3-5 stars) as that is the only way experts on this site are compensated for our time and expertise, even if you have paid a deposit to the site. Thank you.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,326
15,326 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

15,326 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
I live in NH, my son is 17 (minor)and was arrested last
I live in NH, my son is 17 (minor)and was arrested last week. He was released to me(mom). I don't know what his charges are. Am I allowed a copy so I know what they are charging him with ( I believe t… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
My son was arrested and charged with possession of marijuana
My son was arrested and charged with possession of marijuana with intent to sell. He has 1.5 oz of marijuana and around $380. He is 17 years old turning 18 next week, He has never been in trouble. We … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
17 year old son arrested for armed robbery and attempted murder
17 year old son arrested for armed robbery and attempted murder while trying to buy pot. He was interrogated without a lawyer or parent permission. He was not the shooter. Will he be tried as an juven… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
my son was arrested with drug for personal use and intend to
my son was arrested with drug for personal use and intend to sell.Yesterday he appeared in the court The prosecutor told him to keep him in detention for 2 weeks as recommended by the state detective … read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
My 16 year old son went up to an 18 year old adult in school
My 16 year old son went up to an 18 year old adult in school to ask him to stop saying nasty things. The 18 year old smacked my son across the face (assault) and then they both got into a fight. My 16… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Do juveniles share the same rights as adults, #1 being able
Do juveniles share the same rights as adults, #1 being able to prove their innocence in court, #2 being considered innocent until proven guilty. Do I have a right to have his probation meetings monito… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
what if a 17 year old boy is arrested with 3/4 oz of marijuana
what if a 17 year old boy is arrested with 3/4 oz of marijuana and a scale in maryland? what are the possible penalties and outcomes. I believe he admitted to selling marijuana too. He was previous ar… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
my 16 year old son was on probation for poss. of marijauna
my 16 year old son was on probation for poss. of marijauna charge when he was arrested and releasd to my custody for poss. for sale of exctacy HS113478 and i was concerned over what the possible senta… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
my son is 14 and got arrested for shoplifting in sears in staten
my son is 14 and got arrested for shoplifting in sears in staten island new york and he resides in florida what could be the punishment and does he need an attorney?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
my son is 16 and has a court date nov 18 , i still have not
my son is 16 and has a court date nov 18 , i still have not recieved notice from the court , but they arrested him for going through cars ... will they try to give him a plea at the pre trial , this i… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
Son 15 arrested for armed robbery. He has been incarcerated
Son 15 arrested for armed robbery. He has been incarcerated since 9/08. Being held as an adult. Bail at 100,000 a pre-trial date was 4/09 it was cancelled, no further activity or court dates. case bac… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
If a minor age 17 is found guilty of 2 felony counts for burglery
If a minor age 17 is found guilty of 2 felony counts for burglery and conspiracy to commit buglery and is now 18 at time of trial do they have to try him as a minor and will it be on his permanent rec… read more
JD
JD
Doctoral Degree
1,328 satisfied customers
my 16 year old son is residing in a group home in kingston,
my 16 year old son is residing in a group home in kingston, ny. while there in he and another boy awoled, stole a car. just recently, he got arrested again for trespassing. while in jail, he was scare… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
my son was detained by sheriff today for destruction of private
my son was detained by sheriff today for destruction of private property. throwing rocks at an abandoned gas station. he is sixteen years old they are talking felony charges.… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
What is the penalty in kentucky for a 17 year old male convicted
What is the penalty in kentucky for a 17 year old male convicted of armed robbery with a gun - class A offense… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
My son has been charged with 6 Felony convictions for B&E and
My son has been charged with 6 Felony convictions for B&E and Larceny of a Vehicle, charged as an adult at the age of 16. It sounds bad, and it is, though my son is not.He's not a gangsta-wanna be, no… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,181 satisfied customers
The judge in my 16 year old sons case has informed me that
The judge in my 16 year old son's case has informed me that I have to retain a lawyer for my son who was arrested. I filed to get a public defender, but was turned down because I owned property. I'm h… read more
Aaron Paul
Aaron Paul
J.D.
20 satisfied customers
before my 16 year old son was taken into custody by ...
before my 16 year old son was taken into custody by police,i(dad) asked if i could be present for sons questioning and was told yes by arresting officers.i arrived at police station before they did.as… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x