It turns out that while direct file is relatively common, some county prosecutors use it more often than others. In California, a new report shows that the filing of adult criminal charges against a minor is far more common in certain California counties and such cases disproportionately involve young people of ethnic descent, Public News Service reports. The research was conducted by three nonprofit organizations.
"What this highlights is that it's not being used consistently by prosecutors," said Maureen Washburn, one of the report's co-authors and a policy analyst for the Center for Juvenile and Criminal Justice, "That it's being used kind of at the discretion of a prosecutor and doesn't align with rates of crime that are happening in that county."
The findings indicate the practice occurs the least in San Francisco county because all minors are allowed a fitness hearing before a juvenile-system judge, according to the article. However, that is not a luxury afforded minors in every county, the California counties with the highest rates of direct file, include:
- Yuba
- Kings
- Sutter
- Napa
- San Joaquin
Katie Walsh is an attorney in Orange County, California. Attorney Walsh concentrates her law practice on juvenile defense, criminal defense, and victim’s rights. Contact the Law Offices of Katie Walsh online or at 714-619-9355.