Juvenile Court System

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Questions and Answers

What did F.M. admit to committing?

Felony assault with force likely to produce great bodily injury, active participation in a civil street gang, and misdemeanor reckless evasion of a police officer

Felony assault with force likely to produce great bodily injury, passive participation in a criminal street gang, and misdemeanor reckless evasion of a police officer

Felony assault with force likely to produce great bodily injury, active participation in a criminal street gang, and felony reckless evasion of a police officer (correct)

Misdemeanor assault with force likely to produce great bodily injury, active participation in a criminal street gang, and misdemeanor reckless evasion of a police officer

What did the district attorney charge F.M.'s allegations as?

Felony assault as a misdemeanor, and reckless evasion and street gang participation as felonies

Felony assault and reckless evasion as felonies, and street gang participation as a misdemeanor (correct)

Felony assault and street gang participation as felonies, and reckless evasion as a misdemeanor

Felony assault and reckless evasion as misdemeanors, and street gang participation as a felony

What did the juvenile court fail to do during pretrial hearings for F.M.'s cases?

Declare the offenses as felonies or misdemeanors

Release F.M. on probation

Discuss its discretion to treat the offenses as felonies or misdemeanors (correct)

Dismiss F.M.'s cases

What was F.M. found suitable for at the dispositional hearing?

Placement at a ranch camp Signup and view all the answers

What did the Court of Appeal conclude regarding the juvenile court's compliance with section 702's express declaration requirement?

The juvenile court failed to comply with section 702’s express declaration requirement Signup and view all the answers

Why did the Court of Appeal find remand unnecessary?

The record established that the juvenile court was both aware of and exercised its discretion to treat the sustained allegations as felonies Signup and view all the answers

What did the juvenile court note on the record regarding the assault charge?

That the assault charge 'is considered a serious violent felony' and thus 'could be counted as a strike' offense in any adult court case brought against him in the future Signup and view all the answers

What did the Court of Appeal conclude regarding the juvenile court's designation of the offenses as felonies?

The juvenile court elected to designate the offenses as felonies Signup and view all the answers

What was F.M. charged with at the dispositional hearing?

Felony assault with force likely to produce great bodily injury and felony active participation in a criminal street gang Signup and view all the answers

What did the Court of Appeal conclude about the juvenile court's compliance with section 702's express declaration requirement?

The juvenile court failed to comply with the requirement, but remand was unnecessary Signup and view all the answers

What did F.M. admit to committing?

All of the above Signup and view all the answers

What did the district attorney charge the street gang participation allegation as?

A misdemeanor Signup and view all the answers

What did the juvenile court note on the record regarding the assault charge?

It could be counted as a strike offense Signup and view all the answers

What was F.M.'s punishment after violating his probation while in custody?

He was charged with felony assault with force likely to produce great bodily injury and felony active participation in a criminal street gang Signup and view all the answers

What did the Attorney General argue on appeal?

F.M. did not forfeit any argument Signup and view all the answers

What did the juvenile court fail to do at the pretrial hearings for both cases?

Declare whether the offenses were felonies or misdemeanors Signup and view all the answers

Study Notes

Juvenile court fails to declare whether offenses are felonies or misdemeanors

F.M. was first brought to the juvenile court after punching a classmate in 2019 and was placed on probation.
The following year, F.M. was brought before the juvenile court again for threatening a victim with a deadly weapon and fleeing from police.
F.M. admitted to committing felony assault with force likely to produce great bodily injury, active participation in a criminal street gang, and felony reckless evasion of a police officer.
The district attorney charged the assault and reckless evasion allegations as felonies and the street gang participation allegation as a misdemeanor.
F.M. violated his probation while in custody and was charged with felony assault with force likely to produce great bodily injury and felony active participation in a criminal street gang.
The juvenile court did not discuss its discretion to treat the offenses as felonies or misdemeanors at the pretrial hearings for both cases.
Petitions B and C were resolved at a dispositional hearing in November 2020, and F.M. was found suitable for placement at a ranch camp.
The juvenile court did not acknowledge its discretion to treat the offenses F.M. admitted as misdemeanors rather than felonies at the dispositional hearing.
On appeal, the Attorney General argued that F.M. forfeited any argument that the juvenile court failed to comply with section 702’s express declaration requirement.
The Court of Appeal rejected this argument and concluded that the juvenile court failed to comply with section 702’s express declaration requirement but that remand was unnecessary because the record established that the juvenile court “was both aware of and exercised its discretion to treat the sustained allegations as felonies.”
The Court of Appeal emphasized that the juvenile court noted on the record “that the assault charge ‘is considered a serious violent felony’ and thus ‘could be counted as a strike’ offense in any adult court case brought against him in the future.”
The court held that these “recitations on the record” made clear that the juvenile court “elected to designate the offenses as felonies” and thus remand “would be redundant."

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Description

Do you know the difference between felonies and misdemeanors in the juvenile court system? Test your knowledge with this quiz that explores a recent case where the court failed to declare whether offenses were felonies or misdemeanors. Learn about the express declaration requirement and the court's discretion in treating offenses as either felonies or misdemeanors. Challenge yourself and see how well you understand the complexities of the juvenile court system.