In California, minors must be held liable for their criminal actions. When a child under eighteen is arrested for committing a crime, they could face criminal charges in juvenile court. The juvenile justice system differs from the adult court system since it is geared toward rehabilitating minor offenders instead of punishing them.

The steps taken against your child vary depending on their criminal history and the seriousness of their offense. If your child faces an arrest for a minor crime, the prosecution may not file a juvenile petition against them. Instead, the child will receive informal probation for up to six months. During this period, the juvenile must agree to the conditions of informal probation.

After completing the diversion program, the child’s case will be dropped. Informal diversion aims at the rehabilitation of minors and avoiding a criminal record. Although this program offers many benefits for your child, not all cases will qualify for a diversion.

The laws surrounding juvenile informal diversion in Santa Ana, CA, are complicated. Therefore, your child will require the top-notch legal guidance we offer at California Criminal Lawyer Group to navigate their case.

Understanding Juvenile Informal Diversion

When an adult commits a crime in California, they will face arrest and criminal charges. However, minors lack the emotional and mental capacity to understand the nature and consequences of their actions. Therefore, juvenile offenders are treated differently from adult criminals.

Depending on the seriousness of your child’s crime, the arresting officer may release them with a warning or refer them to the probation department. The probation department plays a significant role in the juvenile delinquency process. A court-appointed probation officer will investigate your child’s case and history to determine the right action.

California law advocates for children to receive a second chance for rehabilitation and reform after committing an offense. Therefore, the juvenile court system is keen on offering lenient resolutions that could help the child change their behavior and become productive members of society.

Some children commit crimes to seek attention or because of their home environment and upbringing. If the child is a first-time offender or was arrested for a minor offense, the probation officer can recommend that the child be placed on informal diversion.

An informal diversion for juvenile cases is a pretrial program that allows the offender to receive supervision by the probation department without going through the juvenile court process. If the juvenile commits a serious offense, the case will be forwarded to the prosecution for filing a juvenile petition. Entering a juvenile diversion program helps your child avoid the devastating effects of a sustained juvenile petition.

Why Does the Law Offer Informal Diversion?

For the juvenile justice court, informal diversion is a cheaper and more convenient way to deal with juvenile offenders who meet the criteria for the program. When a child is sent to this program, the prosecution and juvenile court will save the time and resources needed to navigate the juvenile case proceedings.

Additionally, there will be decongestion in juvenile detention facilities when more minors are allowed to go home on informal probation. The diversion program corrects a child’s behavior while protecting them from the influence of detention.

Factors Considered When Subjecting a Child to Informal Diversion

For minors arrested for committing less serious crimes, the law enforcement officer hands them over to the probation department. The probation officer will consider these factors when determining your child’s eligibility for informal diversion:

  • The severity of the child’s conduct. The nature and severity of your child’s crime will help determine whether the child is suitable for informal diversion. If your child faces charges for a severe crime, their case is transferred to a prosecutor, who files the juvenile petition.
  • The easiest way to solve the case. Sometimes, minors are arrested for offenses that do not attract an adult's arrest. The probation department will determine how to solve the case while protecting the juvenile. Legal action will not be needed if the case can be resolved out of court through restitution or other civil means.
  • The child’s dependency and delinquency history. Your child's criminal history is a significant determining factor for informal diversion. The probation department will assess each factor in the child’s life to determine the circumstances that could have led to the criminal acts. California law is strict on repeat offenders. Therefore, if your child has an extensive criminal history, they may not be eligible for this program.
  • Whether or not there is a need for further investigation. Some offenses are straightforward. The probation officer will recommend informal probation for your child if no further investigation is needed about the case.
  • The child’s attitude towards the program. An informal diversion program does not require your child to leave their home. Therefore, your home environment and attitude towards the juvenile justice system may be considered before your child is placed in informal diversion.
  • Minor's age and maturity. During the diversion program, the juvenile delinquent must follow through with all the conditions of informal probation. Minors with a good attitude towards rehabilitation may be accepted into the program.
  • Recommendations from the referring party. A juvenile is referred to a probation officer by an arresting officer. Mostly, the officer will have more information about the child’s conduct before and after the arrest. The officer can make recommendations on the child’s suitability for diversion.
  • Child’s need for supervision. Although the juvenile court system aims at rehabilitation instead of punishment, some juvenile offenders will require supervision to complete the court-imposed programs. The probation department can recommend informal diversion if your child can follow the rules without supervision.

Conditions of Informal Diversion

If a minor offender is placed on an informal diversion program, they must fulfill the following probation terms:

  • Mandatory school attendance. An informal diversion program will not remove your child from your home. Therefore, the court requires them to attend school without fail. As a parent or guardian of the child, you must ensure that they follow through with this requirement. Failure to attend school could result in an arrest for truancy.
  • Avoid curfew violations. While on an informal diversion program, a minor must stick to their curfew.
  • Perform community service. If your child enters the diversion program, they must perform community service for a non-profit organization.
  • Victim restitution. If the child’s offense resulted in the substantial loss of another person, the court would order the payment of victim restitution as part of the informal diversion. The parents of the juvenile offender are responsible for the financial obligations arising from the offense.
  • Receive mental health and drug treatment. If the juvenile committed an offense due to mental instability or drug use, the court may order that the child undergo counseling and therapy.

When setting the diversion program conditions, the probation department will consider the different factors in the child’s case. Juvenile informal probation lasts six months, and the offender will appear before the juvenile court for adjudication. The probation officer will report the child’s progress to the judge before this hearing.

If the report shows a positive outcome in the program and compliance with the conditions, the court will dismiss the case. An unsatisfactory probation report may extend the probation period to six months.

The court can revoke the informal diversion if the minor violates the probation terms. This could result in the filing of a juvenile petition.

Informal Probation after a Juvenile Petition

Even when a juvenile case is forwarded to the prosecution, the hope for informal probation is preserved. After filing the charges and going through the court process, the court can still impose informal probation as the child’s disposition. The minors' present condition and future welfare are factors that the court may consider when ordering this disposition.

In juvenile court, offenders do not have a right to a jury trial. The judge’s decision on your child’s fate is final. They will grant informal diversion if the court is convinced that informal probation is in your child’s best interest. The prosecution and probation officers do not have to agree with the judge’s decision.

You must agree to participate in the diversion program by ensuring that the minor goes for education and counseling as ordered by the court.

Felony Crimes and Juvenile Informal Probation

Juvenile offenders arrested for serious crimes will be referred to the prosecutor. A critical factor that makes your child eligible for a diversion program is being a first-time offender with a low-level offense. When a child is arrested for a felony like murder, arson, or robbery, the prosecution will file a juvenile petition against them.

Often, this occurs when the child’s offense causes substantial loss, injury, or death to another person. The juvenile court can still grant informal probation to a minor facing felony charges under Welfare and Institutions Code 654.3. The juvenile offender will be eligible for informal probation in this case if:

  • The juvenile court offered a reasonable justification for its decision.
  • The juvenile court judge finds unique circumstances in your child’s case. A common circumstance that could cause the judge to send a juvenile facing felony charges to informal probation is if their home environment influenced their crime or if the child is mentally unstable.

While the stakes are high for a minor after filing a juvenile petition, their attorney can convince the court to send them on informal probation. Informal probation is the most favorable disposition in juvenile court, and its benefits surpass the deferred entry of judgment.

Under WIC 790, the juvenile court judge can defer an entry of judgment when a child faces charges for a less serious felony. The minor must meet these conditions:

  • The child must be fourteen years or older when the hearing happens.
  • The minor has not been declared a ward of the court.
  • The child has not been detained in a Division of Juvenile Justice facility.
  • The juvenile qualifies for probation under California Penal Code 1203.6.
  • The child has not been subjected to probation revocation for a past offense.

Compared to the deferred entry of judgment, informal diversion is preferable because:

  • A minor must not admit liability for the offense when entering the informal diversion program.
  • Informal probation is shorter than Deferred Entry of Judgement. Therefore, your child has less time to be tied to the juvenile justice system. After completing the six-month probation program, the judge will dismiss the juvenile case, and the child can move on with their life.
  • Informal diversion conditions are easier to follow. This reduces the chance of a violation and subsequent probation revocation.

Benefits of Informal Diversion for Minor Offenders

Informal diversion is a favorable outcome for a juvenile offender, and it offers the following benefits for your child:

Avoid a Criminal Record

If the probation department decides to place your child in informal diversion, the case is not forwarded to the prosecution, and a petition will not be filed. The court will dismiss the case when the program ends. Although the dispositions in juvenile court are not as harsh as in adult court, a sustained petition can impact the child’s life in the future.

If you have a sustained juvenile petition, you must take steps to seal it when you turn eighteen. This will help avoid collateral consequences.

Offers Rehabilitation

Informal diversion aims at the rehabilitation and treatment of the offender. The child will receive the help they need while avoiding the juvenile court process. Depending on your child's individual needs, the court creates different programs to ensure that the offender becomes productive in the future.

Treatment for Mental Health

Many factors, including a child’s environment and upbringing, could contribute to their delinquency. The child will receive treatment and counseling in the informal diversion program to address the underlying issues. If your child has mental health issues or drug addiction, the program will help them recover.

The Minor Remains at Home

Facing an arrest can be traumatizing for a child. While dealing with the consequences of their actions, they will need the utmost support from family. When the child goes through the juvenile court process, detention or placement out of the home is possible. This can take a toll on their mental and emotional well-being. The informal diversion program allows the minor to remain with their family.

Juvenile Delinquency Court Processes

If your child does not qualify for informal diversion before filing their juvenile petition, they must undergo the juvenile court process. After all the steps in the court process, the juvenile court judge will either sustain or dismiss their petition and issue an appropriate disposition. The juvenile court process has the following steps:

Arrest

Minors will be held accountable for their crimes like adults in California. A child can be arrested for committing various crimes, including serious felonies, misdemeanors, or infractions like curfew violations and truancy. Depending on the circumstances of the case and the severity of the underlying offense, the arresting officer can do any of the following:

  • Warm the child about their conduct and allow them to go home without further action.
  • Record the arrest and notify the minor to return to juvenile court on a specified date.
  • Send the minor to an institution or shelter away from home.
  • Take the child to a police station, where they will be booked and placed in a juvenile detention hall.

If your child is arrested and detained pending a juvenile petition, the law enforcement officer has the responsibility to explain to the child their rights, which include:

  • Right to remain silent. An arrest and interaction with law enforcement officers can be intimidating for a juvenile. Therefore, they may be tempted to provide untrue information to please the officers in the hope of a release. Your child should be notified that they can remain silent until they have an attorney.
  • Right to a phone call. Not knowing your child's whereabouts can be challenging for you and your family. If your child faces an arrest in California, they have a right to at least one phone call. They can use the call to notify you or contact their defense attorney.
  • Right against self-incrimination. For adult offenders, any information you provide to law enforcement during an arrest can be used against you in a criminal case. However, minors have the privilege against self-incrimination. Therefore, more information will be necessary in their juvenile case.
  • Right to legal guidance. Although the juvenile court is more lenient on minor offenders, the outcome of a juvenile case can impact the child’s future. Having expert legal guidance can go a long way for juvenile offenders.

Investigation

Before filing a juvenile petition, the probation department will investigate the facts of your child’s case. If the minor did not commit a serious offense, they can go home with a warning. For serious offenders, the case is presented to the prosecutor for the filing of a juvenile petition.

Detention Hearing

Juvenile offenders do not have a right to bail. Therefore, the court will hold a detention hearing to determine whether they will be released or detained in the juvenile hall while their case is pending. The court considers the following factors in a detention hearing:

  • The minor is a flight risk. If your child has a history of evading the juvenile court process by fleeing before trial, they may be held in the juvenile hall while waiting for their case. Your child’s attorney is responsible for convincing the court that the child will appear on all scheduled court dates.
  • The juvenile does not have a stable home. Unfortunately, there are times when a child’s living environment influences their behavior and drives them to delinquency. If the probation officer assigned to the case determines that the minor has no place to live or that their home environment is not conducive, the child remains in detention.
  • The juvenile is a threat to the public. Like adults, minors can be arrested for committing serious and violent felonies like murder. While protecting the child from the criminal court system, the judge makes decisions that ensure the safety of other community members.
  • The minor has an extensive criminal history. Some juveniles are repeat offenders. This may indicate their disregard for the law and inability to rehabilitate. If your child has an extensive criminal history, the judge may decide to hold them pending a petition.

Jurisdiction Hearing

A jurisdiction serves as a trial for minor offenders. The first step in the jurisdiction hearing is the admission or denial of the charges by the juvenile offender. At this hearing, the prosecution and defense will each provide evidence to support their case. Your child’s lawyer, including the arresting officer, can cross-examine witnesses at the jurisdiction hearing. The judge can sustain or dismiss the juvenile petition at the end of this hearing.

Disposition Hearing

In juvenile court, minors are not sentenced to jail or prison. Instead, the court issues different dispositions for the child's rehabilitation, education, and treatment. Before the court decides on the appropriate disposition for the child, they will assess different factors, including the child’s family history, mental stability, and criminal history.

Common juvenile dispositions available for minors after a sustained juvenile petition includes:

  • Formal probation.
  • Informal probation.
  • Foster care placement.
  • Placement in a juvenile camp or group home.
  • Detention in a Division of Juvenile Justice Facility.

Find a knowledgeable Defense Attorney Near Me

If your child faces criminal charges in juvenile court, the case's outcome can have a lifelong effect on the child’s life. However, a juvenile offender can avoid this fate through an informal diversion program. This is a form of suspension for juvenile court proceedings where a minor can follow certain conditions before their case is dismissed.

The juvenile informal diversion program offers an excellent opportunity for your child to avoid the harsh consequences of a sustained juvenile petition. Since the juvenile case is dismissed after the completion of the program, your child will not have a criminal record. This could save them from the collateral consequences of a criminal record.

The outcome of a juvenile arrest is not guaranteed. However, a skilled criminal defense attorney may be able to guide your child through the court process to ensure a favorable outcome. At California Criminal Lawyer Group, we will work hard to protect your child’s constitutional rights and guide them through building a solid defense for their juvenile case. We serve clients battling juvenile delinquency cases in Santa Ana, CA. Call us today at 714-844-4151 to discuss your case.