CHILDREN AND THE LAW
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Delinquency Matters
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Certification (Fitness) Hearings
.........Waiver-Retention of Juv. Ct. Jurisdiction
7 Cards On This Topic:
Failure to make timely challenge to improper certification of minor results in waiver.
Juvenile ct. retains exclusive jurisdiction over minor under 16 at time of commission of crime, notwithstanding subsequent determination on later petition that minor unfit.
Adult who didn’t assert until after trial he was minor at time of offense waived benefit of juvenile law as to trial but not sentencing.
Juvenile court has jurisdiction to modify current wardship based upon acts committed after ward age 18.
Minor who reaches 18 before jurisdictional hearing may petition to be found unfit under juvenile law for offenses committed prior to 18.
Adult who was juvenile at time of offenses must move for declaration of unfitness.
No absolute right to be determined unfit for juvenile court when over 18 at time of trial; court must balance Welf. & Inst. Code §707 criteria in exercising discretion.