Can an adult who is alleged to have committed an offence as a juvenile waive the right to proceed in juvenile court?

California, United States of America


The following excerpt is from People v. Johnson, 258 Cal.Rptr.3d 608, 45 Cal.App.5th 123 (Cal. App. 2020):

Rucker, supra , 75 Cal.App.3d 197, 141 Cal.Rptr. 900 therefore stands for the proposition that an adult who is alleged to have committed an offense as a juvenile may waive the right to proceed in juvenile court. The validity of the waiver itself was at issue in Rucker , not the form that the waiver must take or from whom the waiver must be obtained. Because the accused's waiver was personal, Rucker analyzed whether that waiver was knowing and intelligent after the accused was given a proper advisement of rights. Rucker said nothing about whether a personal waiver was required. "It is axiomatic, of course, that a decision does not stand for a proposition not considered by the court." ( People v. Harris (1989) 47 Cal.3d 1047, 1071, 255 Cal.Rptr. 352, 767 P.2d 619.)

Other Questions


Does submitting on a social worker's recommendation to the juvenile court waive a parent's right to challenge a juvenile court decision accepting the recommendation? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
Can a defendant who misrepresented his age to the juvenile court be tried as an adult for an offence that he committed as a minor? (California, United States of America)
How have courts dealt with allegations in a juvenile wardship petition alleging that appellant committed second degree robbery? (California, United States of America)
Can a juvenile waive the right to stand trial by a jury of adults? (California, United States of America)
Can an adult waive jurisdiction of the juvenile court? (California, United States of America)
Does a father need to look after his own legal rights by asking the juvenile court to order a bonding study before terminating his parental rights? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
Is it a violation of the Sixth Amendment for the use of juvenile priors in a subsequent proceeding in adult court? (California, United States of America)
Does a minor have a right to counsel in a juvenile court proceeding? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.