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 11 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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