Transfer

Question 1

Who Is Eligible

Answer 1

Any youth who committed a felony after age 16, or a youth who committed a 707(b) offense at age 14 or 15, but was not apprehended until after expiration of juvenile jurisdiction (WIC 707(a))

Question 2

Discovery

Answer 2

Court has discretion to order discovery before a transfer hearing. If the discovery relates to the circumstances of the offense or criminal sophistication, it should be relevant to the transfer hearing.

Question 3

Standard at Hearing

Answer 3

DA must show that youth is unlikely to be rehabilitated before juvenile court jurisdiction expires

Question 4

Defense Strategy

Answer 4

Want to show (1) Adolescent factors, (2) Undiagnosed/treated conditions, and (3) Maturation/Response to treatment. First, show that youth was affected by adolescent development factors at the time of the offense such as: immaturity, impulsivity, and peer influence. Second, undiagnosed trauma, disabilities, etc. Third, show maturation/unlikely to reoffend.