As a part of the growing process and adulting, children make mistakes that can sometimes land them into trouble with the law. As a parent, one of the worst news you could receive is learning that your child is in police custody for an alleged offense. Even if the juvenile justice system is not the stringiest, if your son or daughter is under arrest, his/her future could be at risk.

To better protect his/her legal rights and interests in this new environment, you should retain the services of an experienced defense attorney. Credible and reputable Santa Ana attorneys at the California Criminal Lawyer Group understands that children are not young adults. We will not only protect your child's legal rights during these challenging times, but we also guide him/her to grow up as a law-abiding citizen.

Juvenile Delinquency and the Juvenile Court

The act of participating or engaging in unlawful conduct as a minor (under 18) is known as juvenile delinquency. Unlike the adult criminal justice system, which focuses on punishing an offender for any offense’s conviction, the juvenile justice system focuses on rehabilitating a minor to make him/her a law-abiding citizen.

When a minor commits a crime, the juvenile court will handle his/her alleged case if his/her age is between 12 to 17 years. However, it is worth noting that the juvenile court can take over the jurisdiction of a delinquent act case involving a child aged below 12 years under certain conditions.

According to Senate Bill (SB) 439, the juvenile court can take over the jurisdiction of a delinquent act case involving a child aged below 12 years if his/her alleged offense is severe, for example:

  • Sodomy
  • Sexual penetration by force
  • Rape
  • Oral copulation

The juvenile court, also known as juvenile delinquency court, is different from the adult criminal court in many ways. To begin with, the juvenile court has a different and unique lingo that may be unfamiliar to a layman. In a juvenile court, you will hear the following common legal terms now and then:

  • Sustained juvenile petitions – When the juvenile court judge finds your child guilty of the alleged offense, he/she will sustain the juvenile petition against him/her, which is the same as a "guilty verdict" in an adult court
  • Delinquent acts – Instead of using the term "crime," the juvenile court judge or prosecutor will refer to the alleged offense against your child as a "delinquent act"
  • Adjudication – In the juvenile justice system, adjudication is the same as a “trial” in the criminal justice system
  • Disposition – In a juvenile court, a "disposition" is the same as a "sentence" in an adult court
  • Ward of the court – If the juvenile court judge makes your child a "ward of the court," the court will assume the responsibility for the minor's treatment and control

The juvenile court will also take over the jurisdiction of minors aged 20 if the alleged offense occurred while the minor was aged 17, but the law enforcement officer didn't discover the case until he/she was 20 years. It is undeniably crucial to have an experienced defense attorney in your child's corner if he/she is in trouble with the law.

You might feel overwhelmed and powerless when your child is in police custody for any alleged delinquent act, but you have the option of hiring an attorney. Retaining the services of an attorney is a brilliant idea and a significant step towards protecting your child's rights during this time of immediate need.

Common Delinquent Acts Chargeable and Punishable Under the Law

Some offenses are only a crime in the eyes of the law because of the minor's age. That means, if an adult did the same act, he/she would not be subject to prosecution. These types of offenses are known as status offenses, and they include:

  • Curfew violations
  • Underage drinking
  • Truancy
  • Buying cigarettes

If the alleged delinquent act against your child is a status offense, the prosecutor will file a "601 petition" against him/her. However, if the alleged delinquent act is still a crime for an adult in the same situation, the prosecutor will file a "602 petition" against your child. Below are some of the common offenses which can make the prosecutor file a 602 petition against your child:

Trespass

As you might be aware, unlawful entry into another person's premises or property is illegal. According to Penal Code 602 PC, your child can be subject to trespass charges when he/she enters another person's premises or property wilfully and knowingly without the owner's consent to be there.

Below are examples of conduct or behaviors that could make your child subject to trespass charges under PC 602:

  • Wilfully and knowingly remaining or refusing to leave another person's premises or business upon request to leave by the owner
  • Entering another person's business during normal working hours with the intent to cause a disturbance, causing his/her customers to go away
  • Cutting down or destroying trees or timber standing on another person's property wilfully
  • Occupying another person's abandoned garage or vehicle wilfully without the owner's consent to do so

The court may sustain the trespass petition against your child if the prosecutor can prove that he/she did the alleged acts willfully and with the criminal intent to interfere with another person's property.

Shoplifting

Shoplifting is another common offense among the youths, but few know this offense is punishable severely under the law. According to section 459.5 of the Penal Code, your child commits the offense of shoplifting when he/she enters an open commercial or business establishment with the specific criminal intent to steal merchandise or goods worth less than $950.

Under this statute, your child could be subject to shoplifting charges even if he/she didn't manage to walk out with the merchandise from the stall as long as he/she had the criminal intent to take it unlawfully. Since the criminal intent is a critical aspect or element of the crime, your child's delinquency attorney can raise various legal defenses to counter this charge, for example:

  • The minor didn't have the criminal intent to shoplift, meaning the taking of the alleged merchandise was accidental
  • There was a mistake of fact
  • The minor was a victim of entrapment by the police

Vandalism

Section 594 of the Penal Code is the statute that makes it unlawful for any person to destroy, deface or damage another person's property willfully and maliciously. Vandalism is a prevalent crime among minors and is associated with the following acts or behaviors:

  • Throwing eggs on another person’s property or vehicle
  • Unlawful acts of arson
  • Damaging playing equipment and tools at school
  • Defacing or knocking down street signs
  • Writing names or other drawings on wet cement on a sidewalk or pavement
  • Defacing public seats or perimeter walls with graffiti or any other inscribed tools

When the judge sustains a vandalism petition against your son or daughter, the penalties he/she might be subject to will depend on the value of the damage. Working with a defense attorney familiar with the juvenile justice system is critical if your child faces a vandalism charge under PC 594.

A sustained delinquency petition against your child for violating vandalism laws will not only affect your child but can also affect you as the parent. Since most of the time, a minor cannot afford to pay the required fines and restitution following a conviction for violating PC 594, the juvenile court will expect you as the parent to settle these monetary burdens on his/her behalf.

What Your Child Should Remember During an Arrest for any Alleged Offense

Dealing with the police is a confusing experience, even to an adult. If your child is under investigation or arrest for any alleged delinquent act, he/she beware of particular do's and don'ts to avoid unplanned self-incrimination. Once the police arrest your child, he/she should remember that:

  • The officers are not his/her friends
  • He or she has the right to remain silent or stop responding to the officers' questions
  • The law allows him/her to request his/her guardian or parent's presence during the interrogation or questioning
  • Resisting the arrest could attract other charges
  • He or she has the legal right to have an attorney represent him/her in court
  • Any confession or apology could act as evidence against him/her once the case reaches the prosecutor’s hands

The juvenile delinquency court process will commence with an arrest. That means, once the police arrest your child, he/she beware that his/her freedom is at stake. In some instances, if the alleged delinquent act is non-severe, the arresting officers will give him/her a stern warning before allowing him/her to go home.

Other times, the arresting officers will allow the minor to go home, but they will give him/her a citation to show up in court at the scheduled date later. However, if the alleged delinquent act is severe, the arresting officers may hold your child in jail, pending the court's decision on the case at the first court hearing.

Juvenile Delinquency Court Hearings Following an Arrest of Your Child

As the alleged delinquent act case against your child continues, he/she or his/her defense attorney may attend the following court proceedings or hearings:

Detention Hearing

In the juvenile justice system, the detention hearing is the first court appearance your son or daughter will attend following an arrest for any alleged delinquent act. A detention hearing in the juvenile justice system is similar to an arraignment hearing in an adult court, and it occurs 48 hours after the arrest.

However, during a detention hearing, your child has no legal right to post bail to secure his/her release from the juvenile detention hall like in an arraignment hearing. During this hearing, the judge will inform your child of the alleged delinquent act charges against him/her and his/her constitutional rights.

In a juvenile court, a minor does not enter a plea of "not guilty" or "guilty" like adults do in an adult court. As long as your child is aware of his/her constitutional rights, he/she can choose to do any of the following:

  • Admit the accusations, which is the same as pleading "guilty" in an adult court
  • Deny the accusations, which is similar to pleading "not guilty" in an adult court
  • Not contest the accusations, which is similar to pleading "no contest" in an adult court
  • Deny the accusations based on insanity, which is an applicable defense in the juvenile justice system

As a parent of the child in the juvenile detention hall, you have a right to know about this hearing and the location where it will take place. If you didn't receive a notice of your child's detention hearing, you have a right to request another hearing. The court should schedule another detention hearing within 24 hours after your request for you to be present.

Transfer Hearing

In some cases, the prosecutor may initiate a transfer hearing if the alleged delinquent act against your child falls under section 707 (b) of the Welfare and Institution Code (WIC). Delinquent act cases listed under WIC 707 (b) are severe offenses that can stand a trial in an adult court.

Apart from the alleged offense being a WIC 707 (b) offense, the prosecutor will also consider the factors below before initiating a transfer hearing:

  • Whether the minor is at least 16 years or older
  • Whether your child was at least 14 or 15 years at the time of the commission of the alleged delinquent act, but the police didn't arrest or apprehend him/her until he/she was 18 years

Therefore, a transfer hearing in the juvenile justice system is a court proceeding where the judge decides whether your child is "fit" for trial or adjudication in a juvenile court or not. Some of the offenses that can make the prosecutor initiate a “fitness” or transfer hearing under WIC 707 (b) include (but are not limited to):

  • Murder
  • Voluntary manslaughter
  • Kidnapping with physical injury
  • Sodomy by force
  • Arson
  • Rape with violence or force
  • Torture
  • Robbery
  • Drive-by-shooting
  • Forcible sexual penetration

Whether the juvenile court will take over the jurisdiction of the alleged delinquent act against the minor or not will depend on the judge's decision during the transfer hearing. Generally, the juvenile court will consider the factors below when determining whether the alleged case against your child should remain within the jurisdiction of the juvenile court:

  • The child's past delinquent record or history
  • The degree or extent of criminal sophistication your child had when committing the alleged delinquent act
  • The gravity and other facts surrounding the alleged delinquent act case against your child
  • Whether rehabilitation attempts can work out in your child's favor before the expiry of the juvenile delinquency court's jurisdiction
  • Whether previous attempts by the juvenile delinquency court to treat and rehabilitate your child was successful or not

Unfortunately, if your child loses in this hearing, he/she will be subject to prosecution in the harsh criminal justice system. When your child is subject to prosecution in an adult court, he/she may face severe penalties similar to those an adult would be subject to upon conviction for the same offense.

Unlike the juvenile justice system that focuses on rehabilitating the minor to make him/her a productive and law-abiding citizen, your child might be subject to unaffordable fines and lengthy prison terms under the criminal justice system.

That is why it is critical as a parent to do your best to retain the services of a defense attorney who understands the ins and outs of the juvenile justice system. A reliable delinquency attorney might be able to convince the juvenile court that your child is the right candidate for prosecution under the juvenile justice system by raising appropriate and viable mitigating arguments.

Adjudication Hearing

Also known as the jurisdiction hearing, adjudication hearing in the juvenile justice system is the stage where the judge will determine whether the allegations in the prosecutor's petition against your child are true or not. To do that, the judge will listen to pieces of evidence and arguments from the prosecutor and your child's defense attorney.

If the accusations against the minor are true beyond a reasonable doubt, the court will sustain the prosecutor's petition against him/her. As mentioned above, a sustained petition against your child means he/she is guilty of the alleged delinquent act.

On the other hand, when the defense attorney raises doubt on the prosecutor's case against your child, the court may decide the evidence is insufficient to prove him/her "guilty" of the alleged offense. In this case, the court will not sustain the prosecutor's delinquency petition against your child, and he/she will be free to go home.

Disposition "Sentencing" Hearing

When the court sustains the prosecutor's delinquency petition against your child, the sentence he/she will be subject to will depend on what the judge will decide during the disposition hearing. The disposition hearing in the juvenile justice system is the same as the sentencing hearing in an adult court.

If the judge has every piece of information that he/she needs to make a disposition decision for your child's offense, this hearing may occur immediately after the adjudication hearing. The judge will consider the factors listed below when determining an appropriate disposition or sentence for your child at the disposition hearing:

  • The age of your child
  • Your child's past delinquency history
  • The gravity and circumstances surrounding your child's delinquent act case

Considering the above factors, the judge will craft an appropriate disposition decision to discipline and rehabilitate your child to make him/her a law-abiding and productive citizen.

Possible Consequences of a Sustained Juvenile Delinquency Petition Against Your Child

Some of the disposition options open to the judge at disposition hearing include:

  • Informal probation under section 725 of WIC
  • Home-based formal probation
  • Formal probation at a family member's home
  • Deferred Entry Judgment (DEJ) according to section 790 of WIC
  • Custody at a county probation camp
  • Diversion programs
  • Detention in a Division of Juvenile Justice (DJJ) facility
  • Dismissal under section 782 of WIC

Detention in a DJJ facility is the harshest disposition a minor could be subject to if the judge sustains the prosecutor's delinquency petition against him/her. Typically DJJ is a rehabilitation and detention system designed for juvenile offenders who are guilty of severe offenses like rape and other offenses listed under WIC 707(b).

The maximum confinement period in a DJJ facility is almost similar to the maximum term an adult would spend in prison upon conviction for the same offense. The DJJ detention facility the judge will send your child will depend on his/her:

  • Maturity level
  • Individual treatment needs
  • Age
  • Education needs

Apart from the above penalties, a sustained juvenile petition against your child could come with severe lifetime consequences. For the sake of the Three Strikes Law, a sustained delinquency petition against your child will count as a "strike," meaning an adult court will consider it when making a sentencing decision upon conviction for any other offense in the future.

Additionally, if the sustained petition against your child involves a sex offense, the juvenile court will require him/her to register as a sex offender. Inclusion in the sex offender registry will alter many aspects of the minor’s life, even after fulfilling his/her disposition requirements and conditions. Negative consequences of inclusion in the sex offender registry include:

  • There will be a limitation in his/her movement
  • There will be a limitation in places he/she can live

To increase the available possible chances of fighting the alleged delinquent act against your child, you should find a reliable defense attorney, considering the following factors:

  • The attorney's availability
  • The attorney's experience with the juvenile justice system
  • The attorney's credibility and reputation

Find a Santa Ana Criminal Defense Attorney Near Me

The expertise of a defense attorney is critical if your child is in the arms of the police for any alleged delinquent act. Professional Santa Ana defense attorneys at California Criminal Lawyer Group are well versed and experienced with several aspects of juvenile delinquency cases.

We invite you to call us at 714-844-4151 to discuss every bit of the alleged delinquent act case against your child with our confidential attorneys. Apart from giving your child the relevant legal advice he/she needs during these emotional moments, we will also protect his/her rights at every stage of the juvenile court process to achieve the best possible outcome.