Legal Question in Criminal Law in California

How does a juvenile get back in juvenile court after trialed as an adult?? 16 years old sentenced to 120 years to life!! Co defendant took immunity and got released!!! Defendant admitted to shooting!!! 3 petitions denied!!! How does he get back in courts with these new laws??


Asked on 2/19/23, 3:27 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

YOU don't, nor will his attorney be likely to.

His appeals and Petitions are over, as he learned after '3 petitions denied'.

He 'admitted' guilt. If that was part of a plea bargain, there are normally no appeals from his plea & sentencing.

His partner in crime testified against him to prove guilt. That happens frequently, and 'legally'.

For general information, the new rules you refer to that may apply to him are:

Persons convicted of a crime committed before age 26 become ELIGIBLE fora youthful offender parole HEARING [not guaranteed release] after serving 14 years for those serving DETERMINATE sentences,

and after 19 years for those serving life sentences of less than 25 years to life,

and after 24 years for those sentenced to 25 years to life [his situation].

Persons who were under age 18 at the time of the offense and are serving sentences of life without the possibility of parole also become eligible for a youthful offender parole HEARING after serving 24 years of their sentence.

If he qualifies, the courts and prison system are reviewing conviction records and automatically setting qualifying cases for hearing. He should hire an attorney once he is notified of his hearing date.

IF eligible for such parole HEARING, the following issues would be considered:

The nature and brutality of the crime[s].

His rap sheet and criminal history.

His conduct or violence while in custody.

His psych evaluation.

Anything bearing on whether he would be law abiding and not a threat to society if released.

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Answered on 2/20/23, 9:16 am


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