When minors break the law in California, they are charged and tried under the Juvenile Justice system. The juvenile delinquency court is dedicated to handling misdemeanor and felony violations committed by individuals under eighteen years. While the trial in juvenile court may work similarly to that of adult defendants in criminal court, the juvenile court treats offenders with more leniency. Although the intent of taking minors through the juvenile justice system is for rehabilitation, your child may be incarcerated for a repeat offense or if they commit serious crimes. 

If your child faces an arrest and is battling charges in juvenile delinquency court, one of the wisest moves you can make towards their situation is to hire the services of a skilled defense attorney. At California Criminal Lawyer Group, we have decades of experience defending juvenile cases, and we will help your child fight the charges to avoid a sustained juvenile petition. We serve clients seeking legal guidance in Santa Ana, CA.

Overview of Juvenile Delinquency Court in California

Under the Current Juvenile Justice system, a child can be arrested for an offense depending on their age. Some common violations by minors that may not result in an arrest when done by adults include curfew violations and truancy. Sometimes minors commit offenses that are more serious than violating their curfew violations, and in this case, they could be arrested and charged in Juvenile delinquency court.

The juvenile delinquency court is part of the juvenile justice system, which deals with minor offenders. While the goal of the adult court is to punish offenders, the goal of the juvenile court is to rehabilitate and educate the juveniles to make them better members of society in the future. For this reason, if a minor is tried in juvenile court and found to have committed the alleged offenses, they are sentenced to dispositions such as probation, deferred entry of judgment, and division of juvenile justice.

A juvenile case begins when your child is suspected of committing a crime. For less serious offenses, the officer will issue the minor a citation informing them of their requirement to appear in court on a particular date. If your child is suspected of committing a more serious offense, they will be arrested and detained in the juvenile hall awaiting the first court appearance.

Juvenile Delinquency Court Process

If the probation department or the arresting officer does not release a minor with a warning, they will have to undergo the juvenile court process to determine whether or not they committed the crime for which they are charged. The initial step in the juvenile court process is filing a juvenile petition by the department of juvenile probation of the district attorney’s office. A juvenile petition can either address conduct that is only illegal to minors or standard misdemeanor and felony offenses. The juvenile court process is divided into different hearings:

Detention Hearing

A detention hearing will be the first hearing that your child attends following an arrest for violating the law in California. At this hearing, the court determines whether your child will remain in the juvenile hall while awaiting arraignment or they can go home with you. A detention hearing was held in a juvenile court in the county where the child was arrested. During the period between an arrest and detention hearing, a minor is placed in the juvenile hall.

A detention hearing in juvenile court works the same as a bail hearing in adult court. However, for a minor to be released with a pending trial, you will not need to present any amount of money to the court. Juvenile court proceedings are a private affair in California. Therefore, the only individuals allowed in court during a detention hearing are:

  • The minor’s parents.
  • The probation department.
  • The child’s legal representatives.
  • Other relevant court authorities.

When a minor is taken to court for committing a crime, the court appoints a probation officer who plays a significant role in the investigation and punishment of the minor. Additionally, the probation officer may provide a character assessment of the minor and recommend a course of action at this hearing. Some of the factors that the juvenile court judge will consider when deciding to detain or release a minor at this hearing include:

  • Flight risk. When a juvenile is released before trial, the court expects that they will return on the set a date for adjudication. Flight risk is the likelihood of escaping to avoid the consequences of a criminal act. The court determines a child’s flight risk by assessing reports on their past behavior.
  • Protection of the Juvenile. In addition to rehabilitation, another purpose of the juvenile court system is to ensure the child’s well-being. Therefore, a minor will only be released to go home if the judge feels it is in their best interests. If your home environment contributed significantly to your child’s criminal activity, the juvenile court might decide to hold them.
  • Community safety. Juveniles face arrests for crimes ranging from curfew violations and truancy to serious offenses like murder, robbery, and assault. If releasing the minor will put the safety of other people at risk, the minor will likely remain in juvenile hall.
  • History of violating court orders. When deciding your child’s fate in an attention hearing, their ability to adhere to court commitments is considered. If the child has violated a court order in the past, the likelihood of detention may be high.

After the judge reviews this evidence, your child’s attorney can argue that they have been rehabilitated from past mistakes, and it would be best to release them. There are three possible outcomes of a juvenile detention hearing, and the judge may order:

  • Your child to go home and return to court for the criminal case hearing
  • The child is to remain in juvenile hall
  • Home supervision

Adjudication Hearing

Whether your child is detained in juvenile hall or allowed to go home, they will be required to attend the adjudication hearing, which acts as a trial in the juvenile court system. Unlike in adult court, where the jury issues a guilty or not guilty verdict, the judge decides whether or not the juvenile committed the crime for which they are charged. The judge makes this decision by assessing all the evidence presented against the minor.

An adjudication hearing is held within fifteen days after a minor’s detention or thirty days when your child is not in custody. The following are some of the things that happen during an adjudication hearing:

  • The prosecution must prove beyond a reasonable doubt that your child committed the offense 
  • Your child has a right to present evidence
  • The juvenile is against self-incrimination. This means that the information they provide cannot be used against them.
  • With the help of an attorney, the minor can subpoena witnesses and challenge the evidence presented against them.

The judge sustains the minor’s petition if they find that the allegations against them are true. Following a sustained juvenile petition, the minor must attend the disposition hearing, where the judge decides on the best way for rehabilitation.

Rights of Minors in Juvenile Delinquency Court System

Even when they face an arrest and charges in juvenile court, minors have rights that must be respected throughout the juvenile court process. Minors have the following rights as they go through the juvenile justice system:

  1. Right to be arrested only when there is probable cause. Like in adult court, police officers must have probable cause to search or arrest a minor for violating the law in California. However, individuals with quasi-parental relationships with the child can temporarily detain them under suspicion of wrongdoing.
  2. Right to a phone call. Following an arrest, a minor has a right to make a phone call when your child contacts you while in police custody. You must contact an attorney who will guide the child onwards through the process. 
  3. Right to Legal Counsel. Your child has a right to be represented by an attorney throughout the juvenile delinquency court process. Once you learn that your child has been arrested, you should enlist the help of a skilled criminal defense attorney. Your child’s attorney will guide them on the information they can and cannot provide during interrogations.
  4. Right to be notified about their charges. When a minor is arrested and detained in juvenile hall, they have a right to know the nature of their charges.
  5. Privilege against self-incrimination. In adult criminal cases, you are told that whatever you say can be used against you in court. Fortunately, this is not the case in juvenile court, and a child cannot be forced to testify against themselves.
  6. No right to bail. As your child is tried in adult court, it is essential to understand that they do not have a right to bail. A juvenile can only go home before trial by going through a detention hearing and convincing the court that releasing them would be best.
  7. Right to have charges proven beyond a reasonable doubt. Before a juvenile is declared a delinquent, the state must prove beyond a reasonable doubt that the allegations against the child are true.

Parental Rights in Juvenile Delinquency Cases

Unless your child is declared a ward of the court or is freed for adoption, you have a right to make crucial decisions about their lives even as they face criminal charges. Learning that your child has been arrested can be a challenging experience, and the first thing on our minds is what you can do to secure their release as fast as possible. Although you are not entitled to be present during police interrogations, you can exercise the following parental rights:

  • Right to know about your child’s arrest. After an arrest, a juvenile is taken to juvenile hall, where they can be released or have a case opened against them. Before taking your child before a probation officer, they must notify you of the arrest.
  • Right to know your child’s rights. Going through the juvenile court process can be traumatizing for a child, especially when it is their first offense. As a parent or guardian of the juvenile defendant, you have a right to know the child’s rights. Learning about your child’s rights will help you ensure that they are not violated.
  • Right to attend juvenile court hearings. While juvenile proceedings are very private, parents of minor offenders have a right to be present at the hearing.
  • Right to inspect your child’s court files and probation reports. The juvenile court tries to protect a minor’s reputation by restricting access to juvenile criminal records. However, if your child faces criminal charges, you have a right to access their file. Other individuals who may be allowed to review this information include your child’s lawyer. School officials and child protective services.

Consequences of a Sustained Petition in Juvenile Court

As with a guilty verdict in adult court. A sustained juvenile petition has consequences for the child. The following are some of the dispositions that the juvenile court could order following a sustained petition:

Informal Probation

If the offense committed by our child is not severe, they could be eligible for informal probation or diversion.

  • W&I. 654 diversion. A minor’s case can be diverted to probation under California WIC 654 before the prosecutor files a petition. This type of diversion is often available for low-level crimes like shoplifting. In this case, the probation officer will develop a six-month education and counseling program for the minor.
  • WIC 725. The most significant difference between informal probation and diversion is that a petition is filed, and a minor goes through trial before probation. However, a petition is put on hold, and the child is given a second chance. In this case, your child will not need to admit to guilt for their charges, but they must follow probation requirements like mandatory school attendance, counseling, and curfew.

Deferred Entry of Judgment

The Deferred Entry of Judgment disposition requires a minor offender to admit to the allegations against them in exchange for a dismissal. However, the child must complete a court-mandated program. Juveniles who have been arrested for a first offense or have a truancy history may be eligible for the disposition. However, if your child has been previously declared a ward of the court or is charged with a serious felony, DEJ may not be an option.

Often, the DEJ program runs for a minimum of one year, after which the minor’s charges will be dismissed. When your child is under the DEJ, they will be subject to warrantless searches both in-person and of their property.

Formal Probation

If, after the sustained petition, your child is declared a ward of the court, the juvenile court could place them on informal probation. Formal probation, in this case, can be served at home, at a group home, or a juvenile camp. While placing a child at home is the first choice, the court will assess the child’s safety, the community’s safety, and the environment at home. If your home environment contributes to their criminal activity, the child could be placed in a camp where they undergo training programs and counseling.

When your child serves formal probation, they will be required to comply with the following conditions throughout the probation period:

  • Compulsory school attendance
  • Curfew restrictions
  • Avoiding content with particular individuals
  • Community service
  • Payment of restitution to the victims of their crimes
  • Drug and alcohol counseling
  • Avoid further violations of the law

Division of Juvenile Justice

Following a sustained Juvenile petition, the judge could send a minor to the Division of Juvenile Justice. In most cases, your child will be sent to the DJJ if they are found to have committed a serious crime under WIC 707(b) or for sex offenses that mandate a sex offender registration. Since minors under fourteen years cannot be tried as adults, an offense that may require a transfer hearing will result in placement at the DJJ.

Adult Jail/Prison

Most juvenile dispositions aim to rehabilitate a minor and give them a chance to be better citizens. However, if your child undergoes a transfer hearing and is charged as an adult, they could face prison time and hefty fines. If your child is required to pay fines, you will be responsible for the fines.

In addition to these dispositions, a sustained petition in juvenile court will result in serious consequences. A criminal record. If your child has a sustained petition from juvenile court, it can remain in their record until they apply to have the record sealing. Having a juvenile criminal record can be detrimental to your child’s life. Additionally, this record could be pulled and used against the juvenile if they commit subsequent crimes in the future.

Transfer of Minors from Juvenile to the Adult Court System

Individuals under the age of eighteen years who commit crimes are processed under the juvenile court system. The juvenile delinquency court is less strict than the adult court, and the main aim of this system is to rehabilitate the minors and not punish them. However, there are circumstances where a child may be tried as an adult. Criminal cases among minors are common in California, and sometimes a child could commit almost the same crime as an adult.

The decision to try a minor as an adult lies solely with the juvenile court judge. In most cases, a child will be transferred to adult court if they face charges for the following offenses:

  • Torture
  • Kidnapping for robbery or ransom
  • Sodomy through violence or force
  • Murder
  • Attempted murder
  • Arson
  • Lewd conduct with a child under fourteen years
  • A sex offense that requires sex offender registration
  • Voluntary manslaughter
  • Carjacking
  • Aggravated Mayhem
  • Forcible sexual penetration

A transfer hearing is held for a minor at least sixteen years, or the offender is eighteen, but they committed the alleged crime at fourteen or fifteen years. The judge’s decision to transfer your child to adult court may be dependent on:

  • The seriousness of the child’s crime. Before transferring a juvenile to adult court, the judge will assess the severity of the crimes allegedly committed by the minor. For crimes such as murder with malice, the minor may not be able to escape a transfer.
  • The child’s age and social background. A child under sixteen years cannot be transferred to adult court regardless of the nature of their offense.
  • The level of sophistication exhibited by the minor. The sophistication of an offense is the level of planning put into committing the crime.
  • Your child’s criminal history. The juvenile and adult court system in California is strict on repeat offenders. If your child has a history of juvenile delinquency, the court may find that sending them to adult court is the best choice.
  • Programs are available to rehabilitate the child in juvenile court. If a minor exhibits serious delinquency, it may not be possible to rehabilitate them with juvenile dispositions. Therefore, the likelihood of transfer to adult court is high.

If the decision to transfer a juvenile to adult court is final, they are treated as adults, and a conviction may result in a jail or prison sentence. The harsh consequences of a criminal conviction in adult court may not be in your child’s best interests. Therefore, you have a right to appeal the decision to try your child as an adult.

Find a Competent Santa Ana Criminal Lawyer Near Me

It is not uncommon to find minors committing crimes in California. However, if a child under eighteen years violates the law, they are not treated the same as adult criminals. Juvenile cases are heard in juvenile delinquency court, which aims at rehabilitating the juveniles and helping them avoid criminal activity in the future. Juvenile court differs from criminal court in that minors are not allowed a release on bail, and if the petition filed against the child is true, they are less likely to spend time in jail.

Although the juvenile delinquency court is less strict in its dispositions, learning that your child has been arrested can be traumatizing. Dealing with police officers, detention at juvenile hall, and the entire juvenile court proceedings can be overwhelming for your child. 

If the judge finds the minor to have committed a crime, the consequences can impact the minor’s life for a long time. Therefore, seeking legal guidance for your child is one of the steps you need to take as soon as you learn of their arrest. At California Criminal Lawyer Group, we will offer your child the legal guidance they need to fight their juvenile charges in Santa Ana, CA. Call us today at 714-844-4151.