Do juvenile records count in an adult case toward the three strikes?
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Do juvenile records count in an adult case toward the three strikes?
Is it legal to use a juvenile record in an adult case?
Asked on June 28, 2009 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
According to California Penal Code 667 (d) (3), for purposes of the 3 strikes law, certain juvenile offenses are considered to be "strikes" when the juvenile was 16 or 17 years old at the time of the offense.
A list of those offenses can be found in Section 707 (b) of the California Welfare and Institutions Code: http://santa-cruz-criminal-defense.com/california-welfare-institutions-code-707.html
If the offense committed as a juvenile is not on the list or if the juvenile was under 16 at the time, then it does not count as a prior for purposes of the 3 strikes law.
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