Like adults, minors in California can be arrested and charged with committing a crime. Minors commit crimes ranging from curfew violations to serious offenses like murder and rape. California law treats minors differently from adult criminals, even for similar offenses. Instead of punishment, minors who are found to have committed various crimes are sent to dispositions like probation and the Division of Juvenile Justice (DJJ) system.

Confinement in DJJ facilities is the closest thing to spending time in a correctional facility. Different programs are offered to the minor during their confinement, aiming at education and rehabilitation. During their time on DJJ, the minor must attend school full-time. Additionally, they will be assigned jobs and undergo rehabilitation programs. Minors often spend up to two years in the DJJ.

Like adult sentences, the court can modify your child’s detention period and release them early. The steps you take throughout the case can seal your child’s fate. At California Criminal Lawyer Group, we help protect your child's rights and guide them toward obtaining a favorable outcome in their case. We serve clients battling juvenile criminal cases in Santa Ana, CA.

Overview of the Division of Juvenile Justice

Minors from across California commit crimes as often as adults in the state. A juvenile can be arrested for crimes ranging from simple curfew violations to severe offenses. A person under eighteen is not treated like an adult when committing a crime.

The juvenile justice system handles cases committed by minors aimed at rehabilitating offenders and encouraging them to be law-abiding citizens. When law enforcement officers arrest minors for violating the law, they will be detained at the juvenile hall.

Since minors have no right to bail, the court will hold a detention hearing. The judge will assess different factors in your child’s case to determine their eligibility for a release with a pending case. After the detention hearing, the juvenile court will hold the adjudication hearing. At the adjudication hearing, the prosecutor must prove that the minor committed the alleged offense by establishing the elements of the crime.

Instead of a conviction, the court will either sustain or dismiss a juvenile petition against your child. The juvenile court has various dispositions that the system uses to educate and rehabilitate the children after a sustained petition. If your child commits minor offenses like shoplifting and curfew violations, the court can send them to probation or a juvenile camp.

Although most juvenile dispositions do not involve detention, your child could be detained in a Division of Juvenile Justice facility for committing a serious offense. DJJ commitment is the most severe form of disposition that the juvenile court can impose against your child. Commitment to a DJJ facility will last up to two years or more, depending on the minor's case severity and criminal history. In the DJJ facilities, minors can continue to attend school and undergo other rehabilitation programs.

Factors that Impact the Judge’s Decision to Send a Child to DJJ

The juvenile court system aims at rehabilitation and education for minors. The judge’s decision is always geared toward the child’s well-being. Before your child is sent to a DJJ detention center, the judge will ensure that the disposition serves the best interest of justice and that your child's well-being is key. Some of the factors that influence the judge’s decision to send a minor to DJJ include:

The Child’s Age

The age of a child can influence their behavior significantly. Younger children may succumb to influences from their environment and other circumstances. The court will not view a thirteen-year-old child the same as a minor over sixteen years. For this reason, the judge will choose appropriate dispositions for juvenile offenders based on age.

If your child is significantly younger, the juvenile court judge could choose to impose other dispositions, like probation. If you feel that your child is too young to be in a DJJ detention facility, their lawyer can challenge the court's decisions.

The Education Needs of Your Child

Most juveniles were still enrolled in school during their arrest and trial. Each child in California has a legal right to receive an appropriate education. The juvenile court will consider the child’s educational needs before sending them to DJJ. The Division of Juvenile Justice programs guarantee that the child will continue with their education. You must submit your child's schooling information to ensure they receive the right education in juvenile detention.

Circumstances Surrounding the Juvenile Case

Although DJJ is reserved for minors who commit serious offenses, not all juveniles battling serious charges will have this disposition. The court will assess the circumstances under which the minor committed the underlying juvenile offense. For minors influenced by their home environment, the judge may order them to be detained or sent to foster homes.

The Juvenile’s Medical History

In addition to education and rehabilitation, the juvenile court aims to ensure a child's overall well-being. While the best care for a child comes from their family, there are times when taking the child from home and placing them in detention is the best way to ensure rehabilitation.

Before the court orders your child to be placed in a DJJ facility, they will consider the child’s medical history. This is done by obtaining the medical record and performing simple tests. If the minor has disturbing medical conditions that could be worsened by detention, the judge may order an alternative disposition that allows the juvenile delinquent to stay close to home.

Offenses that Land Minors in DJJ Detention

Not all minors with a sustained juvenile petition will be sent to the division of juvenile justice. Since DJJ confinement is the closest disposition to imprisonment, it is reserved for minors with an extensive juvenile criminal record and minors who face charges for serious crimes. Some of the crimes that could cause the juvenile court to send your child to a DJJ facility include the following:

Murder

California PC 187 defines murder as the unlawful killing of another person with malice as an afterthought. In California, a minor who kills another person after careful planning or premeditation will be arrested and charged under this statute. Although murder is a serious offense, a juvenile court case for someone under eighteen will begin.

Like in adult courts, the prosecution must prove these elements to ascertain that the juvenile committed murder:

  • The minor caused another person's death.
  • The natural consequences of the child’s actions are dangerous to human life.
  • The juvenile delinquent knew the potential outcome of their actions, and they acted with disregard for the safety of others.
  • The killing was premeditated.

When a child faces charges of murder, the juvenile court may attempt to transfer them to adult court. This means that the minor will be tried and punished like an adult. However, the court will consider different factors. If the child is unfit for transfer, their case will continue in juvenile court.

If the child is found to have committed the crime, the judge will sustain the juvenile petition and send the child to DJJ detention. If your child faces murder charges in juvenile court, they will need expert legal guidance to help them avoid this disposition.

Rape

Under California PC 261, rape is non-consensual sexual intercourse with another person. Most offenders use force, violence, and threats to accomplish their crimes. This can cause serious injuries to the victim. Rape is classified as a crime of moral turpitude in California. Therefore, adult and juvenile offenders facing charges under this statute face severe punishment.

The prosecution must prove these elements before the judge sustains a juvenile petition for rape against your child:

  • The minor engaged in sexual intercourse with someone else.
  • The minor was not married to the alleged victim.
  • The other person did not consent to the sexual intercourse.
  • The juvenile accomplished the act through threats, force, or violence.

Additionally, having sexual intercourse with any of the following individuals can result in a sustained juvenile petition:

  • A person with physical or mental disabilities.
  • An unconscious person.
  • A person who is too intoxicated to comprehend the nature of the sexual act.

The juvenile court can send your child to DJJ for rape. The court can also mandate that the minor register as a sex offender.

Robbery

When minors engage in robbery, they fail to understand the potential consequences of the crime. Robbery is charged under California Penal Code 211 and involves using violence to take something that belongs to another person. A juvenile will be charged with robbery for engaging in acts such as:

  • Drugging someone with the intent to take away their property without permission.
  • Breaking into a residential property or business premises to steal.

In addition to causing financial loss, using force during a robbery can cause injuries to the victim. A sustained juvenile petition for robbery can see your child spend up to two years in DJJ detention.

Arson

California law treats arson as a serious and violent felony. The offense is classified under WIC 707(b) in juvenile court. A juvenile will be arrested and charged with arson for intentionally setting fire to a building or forest structure. During the adjudication hearing, the prosecution must prove that your child set fire to the building or forest. Additionally, it must be clear that their actions were deliberate.

If the court finds beyond a reasonable doubt that your child violated arson laws, the judge may order their placement in a Division of Juvenile Justice facility.

Kidnapping

You can be charged with kidnapping under California PC 207 if you hold another person against their will. The prosecution in juvenile court must prove that the minor took the victim and moved them a distance away, making it impossible for them to leave. Kidnapping is an aggravated felony and a crime of moral turpitude. Whether an adult or a juvenile commits the crime, it can have adverse consequences.

Since DJJ detention is the harshest disposition in juvenile cases, your child may be detained in the DJJ facilities after a sustained petition for kidnapping.

Life for Minors in the Division of Juvenile Justice

Commitment to the DJJ can last for up to two years, which is a long time for a minor. When your child is placed in the DJJ detention facility, they will undergo different programs for education and rehabilitation. Upon arrival at the detention facility, the minor undergoes an evaluation to determine the right programs.

At DJJ facilities, juveniles must attend school. If the minor has completed high school, they may need to enroll in vocational training. Additionally, your child may need to take up a paying job like landscaping or food preparation.

When a minor in DJJ is not participating in the core programs of education and rehabilitation, they can participate in special programs to address their specific needs, including:

  • Drug abuse treatment. If your child was placed in the DJJ for a serious drug crime or committing a crime out of intoxication, they might be enrolled in drug abuse treatment programs. In these programs, the minors are taught about the effects and consequences of drug abuse.
  • Sexual behavior treatment. Your child can be placed in a DJJ detention facility for sex crimes like sodomy, rape, and lewd conduct. While in the detention facility, they will undergo treatment to change their sexual behavior. This helps ensure that they make better decisions after a release.
  • Victim awareness program. The court could send a child facing charges of murder and assault to DJJ. These crimes involve extreme violence against another person. Programs on victim awareness help juvenile delinquents realize how their actions can affect others.

A parent or guardian can visit their child at the DJJ facility. However, the court must determine that you are not a threat to the minor. Additionally, you must comply with the restrictions on the items you bring.

How Long Will My Child Be Confined in the Division of Juvenile Justice Facility?

Before a juvenile delinquent is taken to their designated DJJ detention center, the court judge will determine the duration they must spend in the facility. A child's time in a DJJ facility should not be more than what an adult offender would spend in prison for a similar offense.

The judge will decide on the duration of confinement by considering the following factors:

  • The severity of the child’s crime. DJJ is a common sentence for juveniles who are found to have committed serious crimes. However, the court will check the circumstances of the case to decide on the sentence. If a child commits a crime like arson, the severity of the damage may dictate the commitment's length. If the minor causes serious injuries to another person, the seriousness of the injury may affect their detention time.
  • The minor’s criminal history. Like adults, minors have a criminal record. The record details all their arrests and charges between twelve and seventeen. Even with rehabilitation attempts, some juveniles continue to violate the law. The court may order longer detention if your child has a violent criminal history. This will allow the minor to explore different programs for rehabilitation.
  • Criminal sophistication. A child’s criminal sophistication is determined by their ability to carefully plan and execute the crime. The court will impose a shorter DJJ commitment for a child with a lower level of criminal sophistication.

If a minor is charged with a crime under WIC 707(b), they can remain in DJJ until they turn twenty-one or after two years. For minors who have committed offenses that mandate a prison sentence of seven years or more, the child will remain in detention until they turn twenty-five.

If the existing programs in the DJJ center no longer fit your child's needs, the juvenile court can modify the conditions of confinement. When a juvenile is released from DJJ detention, they will be on parole, where the board of juvenile hearings will:

  • Create annual reviews of the minor’s progress.
  • Conduct case reviews.
  • Conduct proceedings for DJJ parole consideration.
  • Conduct discharge hearings.

The Board of Juvenile Hearings (BJH) will give recommendations to the court after their assessment to determine whether the programs need modification. After the child is released from DJJ parole, the probation department monitors and supervises the child’s conduct.

Appealing a DJJ Disposition

The best outcome of a juvenile case for your child is when the court dismisses their case. However, a juvenile disposition may be inevitable when there is clear evidence that the minor violated California law. You do not have to accept the court’s ruling on your child’s case.

Spending time in a DJJ detention facility can affect a child’s mental and emotional well-being. With the guidance of a knowledgeable criminal lawyer, your child can appeal the court’s decision. A juvenile case appeal is based on procedural mistakes made by the court or prosecution.

Your child can appeal the decision to commit to DJJ within sixty days of the court’s decision. If the court is convinced that a mistake happened in one of the juvenile court hearings, the judge can throw out the disposition and impose an alternative.

Other Juvenile Dispositions in California

Confinement in the Division of Juvenile Justice is the harshest disposition the juvenile court can impose on a minor. When you hire a competent lawyer for your child, the lawyer can convince the court to impose alternative dispositions, including:

Informal Juvenile Probation

If your child is accused of committing a less serious offense, a competent defense lawyer can convince the court to send the minor on informal probation. A disposition for informal probation allows your child to be at home with you while they undergo rehabilitation. A child will be eligible for informal probation if it is their first time battling a juvenile case or they have no history of violence. The juvenile court attaches the following conditions to juvenile probation:

  • Random drug testing.
  • Victim restitution.
  • Mandatory school attendance.
  • Enroll in counseling sessions.
  • Observe curfew restrictions.

Foster Care Placement

After sustaining a juvenile petition, the court will require the input of the probation department to determine the appropriate disposition. The probation department will assess a child’s home environment to determine its contribution to their delinquent acts. If your home is not conducive to your child's rehabilitation, the judge can order their placement in foster care.

Depending on the probation officer's assessment, your child can be placed in a group home or live with suitable extended family members. The home where your child is placed must be safe and offer a family-like environment.

Juvenile Probation Camp

The juvenile court judge can order your child to be placed in a juvenile probation camp as a disposition following a sustained petition. Juvenile probation camps are aimed at:

  • Reintegrating the minor into society.
  • Reuniting the juvenile delinquent with their family.
  • Fostering the development of the child’s behavioral and social skills.

At the juvenile probation camp, your child will be offered the following services to help them rehabilitate and make better future decisions:

  • Counseling.
  • Tutoring.
  • Educational services.
  • Technical and vocational training.
  • Mental health classes.

Your child may remain at the juvenile probation camp for six to nine months, depending on their progress and ability to rehabilitate.

Deferred Entry of Judgement

Another disposition for juvenile offenders is a different entry of judgment (DEJ). With DEJ, your child must admit liability for their offense and complete a DEJ program. In exchange, the court will dismiss their juvenile case. DEJ does not leave behind a criminal record, making it a favorable option.

Find a Reliable Criminal Defense Lawyer Near Me

In California, crimes committed by minors are handled in the juvenile justice system. Instead of sending the juveniles to jail or prison, the juvenile court will send them to a rehabilitation and detention system known as the Division of Juvenile Justice. DJJ is the harshest penalty that a minor can face for their crimes in California.

If your child commits a serious crime like murder, rape, arson, or manslaughter, the juvenile court may seek to transfer them to adult court. The court holds a fitness hearing to determine the child’s eligibility for trial as an adult. If the minor remains in juvenile court, the court may send them to DJJ, the closest adult prison.

Spending time in detention for up to two years can traumatize your child. Therefore, you must take all the necessary steps to protect the minor from such an outcome. Seeking legal insight for your child is critical as they battle their juvenile court case. You will benefit from the legal guidance we offer at California Criminal Lawyer Group if your child faces an arrest and charges in Santa Ana, CA. Call us at 714-844-4151 to discuss your child’s case.