Can my son be moved to the adult jail when he turns 19?

UPDATED: Sep 8, 2011

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Can my son be moved to the adult jail when he turns 19?

He was 17 when arrested last year. He won his fitness hearing that will keep him in the juvenile system. He has yet to have his actual trial. His birthday is next month. The probation officer has told him that he might have to move him to the adult jail because he is too old for juvenile hall.

Asked on September 8, 2011 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your son becomes an adult pending criminal charges against him where he is not out on bail or on his own, he can very well be transferred under state law to an adult detention facility even though the charges against him are for crimes allegedly done when he was a juvenile.

If he does not have a criminal defense attorney representing him, he should retain one as soon as possible to deal with the underlying charge but also the possible transfer to an adult detention facility.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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