When a minor is declared a ward of court(guilty) for involvement in juvenile delinquency activities, the juvenile court is required to issue the verdict and penalties issued to them. Although the hearing occurs after the juvenile court trial concludes, having a criminal defense attorney present is necessary to help ascertain that the correct considerations were made before having the minor receive a sentence. Further, the attorney plays an instrumental role in helping you present any mitigating information that may reduce the minor’s penalties or even plead for alternative sentencing measures. At California Criminal Lawyer Group, we work to ensure our clients receive the best criminal defense services available. Our team has helped numerous clients seeking legal representation during a juvenile disposition hearing in Santa Ana, California, to help them obtain a fair case outcome. Therefore, you can count on us to deliver reliable services.
Understanding What a Juvenile Disposition Hearing Entails
When a minor commits a crime and is held in custody, they undergo a slightly different criminal justice process than adults held in regular jail and court facilities. This is because their youth should be a primary interest for consideration, giving them a chance to access fair processes tailored for minors.
Subsequently, a juvenile disposition hearing is the equivalent of a hearing to sentence an offender in adult court. It is held to establish the specific case outcome issued to a minor found to have committed an unlawful act. Hence, the presiding juvenile judge is tasked with imposing various court orders, depending on the type of offense the minor was charged with.
Typically, juvenile disposition hearings are formal court processes that require the minor to appear. Any non-appearance at the required date may be detrimental to the minor’s case outcome because it may portray non-compliance.
Moreover, the court hearing process will have all affected parties in the case present to ensure they understand the judge’s considerations and reasoning in issuing the final verdict. Subsequently, the minor can have their parents present for support and other authorized parties.
The hearing only occurs after the case in question has the adjudication process completed. Noteworthy, the adjudication hearings are the equivalent of trial proceedings in adult court, so the minor and their attorney will have attended all previous sessions. Therefore, the hearing indicates that the judge decided the case in favor of the prosecutor or probation officer in charge of bringing a case against the minor.
Requirements to be Fulfilled Before the Juvenile Disposition Hearing
Ideally, a disposition hearing should happen after the adjudication process concludes, meaning that the presiding judge found the minor to have engaged in unlawful actions. This would mean that the final adjudication and disposition hearings can occur in the same sitting.
However, having the hearing soon after the judge issues their verdict is often hindered by several requirements that must be met. The factors help the judge reach a reasonable sentence for the minor, so proceeding with the juvenile disposition hearing before all the necessary information would hinder justice.
The following are important requirements to satisfy before the judge authorizes the hearing to proceed:
A Psychological Evaluation Report Should be Available for the Judge’s Reference
Most minors accused of engaging in juvenile delinquency will be required to evaluate to assess their psychological state, as it may reveal useful details. This step is especially necessary when the minor in question is not forthcoming with information, nor do they appear remorseful for their actions.
Therefore, it is useful to bring a professional on board to debunk the minor’s thought processes and the reasons behind their inclination to commit unlawful actions. Further, it may help the judge determine whether the minor’s actions were from the need to revolt or a genuine lack of role models and life’s purpose.
These details can play a pivotal role in determining the final case outcome. The judge may issue orders to help the minor attain a better outlook on life rather than simply punishing them. Due to this, most juvenile delinquency cases will require the minor to work with a psychologist for an evaluation.
Although the court may assign a specific professional to run the evaluation, the initial interactions with the minor may not be successful. Therefore, a timeline should be available to enable the psychologist to create an elaborate framework on how to conduct their evaluation effectively.
Once the findings are ready, copies will be sent to the judge to further detail the minor’s state of mind. Afterward, the judge can use the detailed information to assign court orders depending on the type of assistance the minor will need.
The Probation Officer’s Study Report Should be Availed
A probation officer serves to present the arrested minor’s case in court and works with a prosecutor to build a case against you. Subsequently, they are highly involved throughout the case, meaning that the judge relies on them to provide as much information as possible concerning your character.
As a result, the probation officer working on your case will need to undertake a social study to track your conduct to check for your ability to undergo successful reform. Usually, the social study will continue even as your case continues during the adjudication stage. The probation officer will interact with different persons known to you, including parents, neighbors, friends, and school teachers.
The officer’s goal is to establish the suitability of having you released back into society, specifically by gauging your behavior. Sometimes, the social study may also involve having your report to the officer regularly on the efforts you have to reform, despite having an undetermined court case. This is often applied where the case facts show that the minor’s actions directly correlate with committing the alleged unlawful action even before the case is concluded.
Moreover, a social study will reveal information on the minor’s living conditions, including whether they have a stable home with parents who can provide. Their neighborhood and company are also scrutinized to reveal why they were inclined to engage in illegal actions.
Based on the probation officer’s findings, the judge can determine several aspects of the minor’s case, including their inclination to crime. Thanks to the probation officer’s report, the judge can determine the best case outcome issue.
Mitigating Statements from the Minor’s Parents
On top of this, parents can request an opportunity to present mitigating statements aimed at helping the minor’s character be presented in a different light. The allowance can help shift the judge’s perspective regarding the minor’s character, so you want to prepare if you choose to seek the chance to speak.
Therefore, working with a criminal defense attorney can be beneficial, as your lawyer will help you compellingly organize your statements. Further, they will help you gather any relevant evidence to support your statements, which is beneficial in building credibility as you seek to paint your child in a positive light.
Additionally, the parent may request the criminal defense attorney to present the mitigating statements on their behalf if they believe the lawyer is better prepared or more elaborate with their presentation. The court will allow it, provided notice is issued in advance and the judge approves the attorney’s appearance.
Overall, the judge issues guidelines on when the required information should be handed to them to meet deadlines. The law requires the judge to proceed with the sentencing process within ten days from the final trial adjudication date.
Therefore, any delays may raise scrutiny on the judge and invoke additional investigations on why the timelines were unmet.
Rights Available to Parties During the Juvenile Disposition Hearing
Rights are also available to you and the victim of your actions during the hearing, specifically to enable both parties to present their positions for a final time before the judge issues the final court verdict. Therefore, learning about the rights is important because it gives you a chance to maximize the allowance and increase your chances of a fair case outcome.
Further, learning of the opposition’s rights can also mentally prepare you for the information they may present against you to try and influence the judge into issuing a harsh sentence. Nevertheless, proper preparations will help you develop a strong statement and avoid being blindsided by the victim’s statements.
On the one hand, the victim of your actions is entitled to appear during the juvenile disposition hearing and follow the court proceedings. The allowance to have the victim attend the hearing is often made explicit because, normally, the prosecutor or probation officer is in charge of the case.
Hence, the victim’s participation may be optional, especially if they are not witnesses or have completed giving their testimonies. Thus, their appearance at the final disposition hearing should not be questioned.
Additionally, the victim is allowed time to speak in court and present their wrongful actions' effects on their lives. Their oral statements can be made within a specified timeline, allowing the presiding judge to have a clearer picture of their condition.
Alternatively, the victim may present a victim impact statement, which is a more elaborate means to present their position as the aggrieved party. When the victim chooses to use the statement, you can expect their views to be more intricate and detailed, resulting in the possibility of a more serious case outcome on your side.
On the other hand, as the minor in question, you will also have a chance to speak and issue a brief testimony to give the judge a positive impression. If you are working with a criminal defense attorney, you can expect to receive support and better assistance than when working alone.
Therefore, you do not have to worry about preparing your statement as your defense attorney will help draft it. Nonetheless, your participation and input will be beneficial in promoting a more authentic and endearing point of view for you.
Factors for the Judge to Consider When Determining a Minor’s Sentence
After all the proceedings held during the disposition hearing are completed, the juvenile judge will need to read their sentence, including the penalties issued to the minor. They may choose to disclose the factors they considered within the case circumstances to establish justifications for the outcome.
By disclosing the elements that influenced the judge’s decision, the court avoids instances where the minor’s representative raises issues involving an unfair sentence or a decision influenced by irrelevant factors. Further, issuing reasons for the decision helps portray the judge’s analysis process, which is useful when building case law.
Over the years, juvenile courts have presented different considerations to help the judge reach their decision. They include:
The Minor’s Age
Age is one of the most important factors to consider before issuing a sentence for a minor’s offense. This is because their age is useful in determining the severity of punishment to impose by gauging their maturity levels.
Typically, minors under fourteen years facing a court trial are more likely to face lenient sentences than those between sixteen and twenty-one. Thus, the judge requires details indicating the minor’s age in the preliminary stages of the trial to help them reach an informed decision.
Further, during sentencing, the age in consideration dates back to when the minor was involved in the unlawful activities and not necessarily their age during the disposition hearing. Their court matter may take longer to conclude, so considering their current age may be misleading in reaching a determination.
Thus, records dating back to their initial apprehension and detention are required to ensure the judge’s points of reference are accurate and relevant to the matter. You should also note that the court will retain copies of all necessary documents like birth certificates to form part of the minor’s juvenile record. Therefore, your attorney will guide you on the preparatory activities to ensure the judge receives the correct information.
Their Physical Health
Some cases may involve minors with underlying health conditions limiting their ability to remain confined in detention. If so, the judge should be informed of the minor’s condition to plan an appropriate sentence properly. A court order limiting minors' access to medical attention may jeopardize their wellbeing, resulting in potential catastrophic incidents.
When presenting a request to consider the minor’s health conditions, you want to give specific details on the health issue. For example, if the minor is diabetic, you can elaborate on the type of diabetes they live with and any special attention they require throughout their lives.
Backing your claims with medical documents and records will also help inform the judge’s decisions, as they build on the credibility of your claims. Therefore, our criminal defense attorney can help you obtain records from the hospital in advance to allow the judge to access them during the disposition hearing.
A genuine case will result in careful considerations made by the judge, especially if the minor committed an offense requiring detention. Thus, the presiding judge may have to issue an alternative penalty like home detention that allows you to have access to care and medical services when necessary.
The Nature and Circumstances Surrounding the Case
Furthermore, due regard must be given to the minor's offense, as different crimes attract varying penalties. As a result, the judge must have carefully analyzed the case facts and the circumstances that resulted in the minor breaking the law before issuing a final verdict.
To do this, the judge does over all the information presented by the probation officer or prosecutor during the adjudication process and compares the details to the minor’s defense. Once the prosecutor’s case has proven the minor’s involvement in a crime beyond a reasonable doubt, the judge will have a straightforward avenue to issue the penalties.
The circumstances surrounding the offense committed can also inform the judge of the severity of the case. For example, if the minor used a deadly weapon while committing delinquent activities, they are more likely to face harsher penalties compared to cases that did not involve deadly weapons.
Similarly, the witness testimonies recorded and presented by the prosecution team during disposition hearings are useful for the judge’s reference in making a final determination, as they reveal more details. Hence, you can expect the judge to quote or refer to the witness statements to justify the issued decision, especially if the reports indicated the minor’s involvement in aggravated forms of the charged offense.
Lastly, the judge also refers to section 707(b) of the Welfare and Institutions Code to determine whether the minor’s offense falls into serious crimes. Under the statutory provision, offenses like robbery with violence, rape, and the use of a deadly weapon will result in harsh penalties for a minor found guilty of the crime.
In serious cases, the judge can even order the minor to serve their sentence in adult jail through a transfer hearing. Thus, the type of offense you engaged in can create different potential outcomes for your case.
Whether you Have Previous Delinquency Records
The judge is also interested in learning about the minor’s involvement in previous unlawful activities to determine whether they have undergone reforms. Thus, having a delinquency record reduces the chances of receiving a lenient sentence compared to minors with no previous record.
Additionally, the judge will consider the nature of the previous offense you were involved in to determine whether it is rightful. For example, if you were charged with a minor crime like shoplifting, your record does not necessarily have to influence the judge's decision.
On the other hand, committing serious offenses like robbery with violence will result in harsh penalties. The court is interested in deterring you from future criminal activities, so restricting your freedom will reduce your chances of accessing opportunities to break the law.
Usually, the prosecution has all the required records in their archives, so they will only need to retrieve them upon the court’s requests. Nevertheless, you can request a perusal of your documents before they are presented to the judge to ensure all details are accurate. This way, you do not have to extend the disposition hearing by contesting the records that the judge relied upon.
Your Ability to Undergo Behavior Reforms
The primary objective of the juvenile court division is to help minors reform from criminal behavior by engaging them in beneficial activities as part of their sentence. Most activities are available under the probation program, whereby you will have access to rehabilitative sessions and counseling where needed.
However, the judge reserves the discretion to order you into probation instead of detention at a Division of Juvenile Justice facility. Thus, you should note that your chances of receiving a probation order depend on your capability to undergo behavioral change.
Normally, the probation officer presiding over your case will provide reports and additional details on your character to serve as the judge’s reference point in determining the penalty type. Thus, if the report portrays you as a minor capable of changing your behavior positively, you are more likely to receive a lenient sentence.
Types of Sentences Issued During the Juvenile Disposition Hearing
The final step in the hearing is to read out the sentence issued to you to help you determine the next steps to take. The following are common case outcomes:
- Serving time in a Detention of Juvenile Justice facility
- Formal probation at home or a relative’s home
- Completing formal probation in a group home
- Receiving a deferred entry of judgment as provided for under section 790 of the Welfare and Institutions Code
- Completing informal probation under section 725 of the Welfare and Institutions Code
Contact a Santa Ana Criminal Defense Attorney Near Me
The juvenile disposition hearing can be quite intimidating without proper legal representation, especially because you anticipate receiving a sentence. Therefore, having a criminal defense attorney present can help you better prepare for the court session and even help in presenting yourself in a positive light. With California Criminal Lawyer Group, you will have access to some of the best criminal defense attorneys, ready to support you through the hearing and beyond. Our wealth of experience has prepared us to handle all circumstances with ease for your benefit. If you or a loved one requires a criminal defense lawyer’s representation during a disposition hearing in Santa Ana, California, call us today at 714-844-4151.
