Assembly Bill 1423 provides a solution to one longstanding issue: how to
reverse a transfer decision when the charges upon which transfer was premised
are not proved in an adult court. Introduced by Assembly member Buffy
Wicks, AB 1423 addresses the injustice that occurs
when a young person in California is transferred to adult court based on information that turns out not to be true.
At transfer hearings, the juvenile court assumes that the young person
did what they are charged with often based on the transfer report. The
nature of the offense weighs heavily in the transfer decision. Under current
law, if it turns out that the case was overcharged or the reports were
inaccurate, there is no way to get the case back to juvenile court when
the person is convicted of of pleads guilty to a lesser offense. AB 1423
provides the state with a tailored remedy to address this injustice. It
takes a three-tiered approach to offer reverse transfer depending on the
initial charges and final offense and whether the case was resolved at
trial or by plea bargain.
In cases involving plea bargains because there could be a variety of reasons
for the bargain other than insufficient evidence the prosecutor must agree
to the process. In cases resulting in a conviction on misdemeanor charges,
the youth would be able to request a transfer back to juvenile court and
in felony cases the court must decide whether the person should be sent
back to juvenile court in the interest of justice and for the welfare
of the young person.
If you or your family member is faced with a Transfer to Adult Court,
contact Attorney Christine McGuire, The McGuire Law Office.