Children, like adults, face criminal charges when they break the law. The difference between how children and adults are treated following an arrest is in the legal process they go through with the justice system. Adults are subjected to a criminal justice system designed for adults, with the primary goal of punishment. Conversely, children go through the juvenile judicial system, which focuses on treatment and rehabilitation. Probation is among the methods used in the juvenile justice system. The young offender is placed under the supervision of the probation department.

Probation comes with strict terms that your child must follow for the probation period. Violation of any probation term or condition carries serious consequences. Working closely with a skilled criminal defense attorney is beneficial if your loved one faces criminal charges in Santa Ana. At California Criminal Lawyer Group, we may be able to assist you in protecting your child's rights. We could also ensure that only your child's best interests are served.

What is Juvenile Probation

Minors who break the law face penalties, just the same as adults. Unfortunately, children also commit serious crimes, prompting police to arrest and detain them. However, in most cases, children are not tried after arrest. In a juvenile court, a judge hears and decides their case. Young offenders are not sentenced to punishment by judges in juvenile courts. Instead, they provide alternative dispositions aimed at treatment and rehabilitation. Instead of committing a child and separating them from their family, the judge can place your loved one on probation. Juvenile probation differs significantly from the probation given to adult offenders following a criminal conviction.

Juvenile probation differs from case to case. When a judge declares a minor a court’s ward, the juvenile court takes control of the child. It can even remove the child from their home if the circumstances warrant it. However, if your child's home environment is stable and you are willing and able to help them change, they can serve probation while still living in your care and supervision. But, they must follow the strict probation conditions imposed by the judge during the disposition hearing.

Probation can be an agreement between you and the state in some cases. You could agree to probation if you want your child to avoid criminal charges. Once a juvenile court has adjudicated them delinquent, the judge can also impose probation. Keep in mind that probation can aid in the rehabilitation of a juvenile offender. It restricts their freedoms and provides tailored treatment based on their needs and criminal charges.

Probation is available to more than half of all juvenile offenders who enter the juvenile justice system. The probation department takes over, appointing an officer to oversee all aspects of your child's case. These officers' recommendations and assessments are used by juvenile courts to make decisions about treatment programs and other types of dispositions.

Various Kinds of Juvenile Probation

The Welfare & Institutions Act offers juvenile offenders various kinds of probation options. They include:

Informal Diversion, under Welfare & Institutions Code 626(b)

Instead of referring your child's case to juvenile court after their arrest, the arresting officer can refer them to informal treatment programs. Informal diversion occurs after the judge hears and rules on your child's case. Because the officer acts immediately after the arrest, the minor faces no formal charges. The service agency in charge of the minor's case can use various techniques to rehabilitate the juvenile before reintegrating them into society. They could, for example, have the minor appear before a court of fellow teens, where their peers decide what should be done to the offender. They could also arrange for a meeting between the offender and their victim. The goal is to address the underlying issue and ensure that the offender does not engage in similar behavior in the future.

Informal Probation for Non-Wards, under Welfare & Institutions Act 654

The probation department also runs an informal probation program. It does not require the intervention of a juvenile court because it is an informal diversion program. As a result, the minor does not need to go through the juvenile court process for the judge to place them on informal probation. Because you (the parents) and the minor agree, it is voluntary probation. The prosecutor does not file cases against children placed on informal probation for non-wards. The arresting officer can refer the matter to the probation department directly. Based on the case facts, the department sends the minor back to their home for at least six months. Children who commit felony offenses are also given informal probation if they were never on a similar type of probation before.

Informal Probation, under Welfare & Institutions Act 654.2

Courts grant this informal probation with a juvenile court judge's approval. It happens after the district attorney files a charge in juvenile court against your child. Instead of a harsh sentence, the judge could suspend the minor's petition for six months to allow them to participate in a treatment program supervised by a probation officer. If your child completes the treatment program successfully, the court can dismiss all their charges. However, if they do not satisfy the diversion program’s requirements, the judge will resume the petition from where they put it on hold.

Deferred Entry of Judgement for Non-Wards

Welfare and Institutions Act 725(a) mandates this six-month probation period. For the court to place your child on probation for six months, they must admit to committing a misdemeanor offense. The probation department will monitor them. If the minor fails to comply with the court's conditions, the court can extend the probation period. Judges grant this probation to juvenile offenders who are not yet court wards. If your child does not follow the terms of their probation, they can be made a ward of the juvenile court.

Wardship Probation Under Welfare & Institutions Act 725(b)

After declaring your minor a ward, the court can place them on wardship probation. The court assumes jurisdiction and authority over the child during probation. The child will be under the supervision of the court for six months during this probation. They will also receive a set of probationary conditions to adhere to.

Wardship Probation, under Welfare and Institutions Act 727

It is the probation that the court can impose following the declaration of your child as a court’s ward. Juvenile courts declare juvenile offenders wards of the court when evidence demonstrates that the minor's home environment is unsafe or insufficient for the necessary treatment and rehabilitation. Your child can remain with you as a juvenile court’s ward, or the court can remove them from your home to ensure their well-being. If your child has committed an offense and the judge declares them a court’s ward, they will be subject to the court's supervision and care. They must follow all of the conditions imposed by the court.

Deferred Entry of Judgment under Welfare and Institutions Act 790

If your loved one commits a less serious felony and meets specific criteria, the court can defer their judgment and place them on probation. To be eligible for this probation, your child must meet the following strict standards:

  • They must be at least fourteen years old at the hearing.
  • They must not have previously been declared a juvenile court’s ward after committing a serious felony offense.
  • The underlying crime is not under Welfare and Institutions Act 707b.
  • They must not have received a DJJ sentence (Department of Juvenile Justice).
  • Under Penal Code 1203.6 or Welfare and Institutions Code 790(a)(6), the underlying offense must qualify them for probation. If they have previously served. probation, the court must not have revoked any of it.
  • Their underlying offense must not be sodomy, rape, oral copulation, or any sexual act involving penetration, as defined by Penal Code 289, in which they rendered the victim unconscious through intoxication, anesthesia, or the use of a controlled substance to prevent the alleged victim from fighting back. Or the victim could not consent because they were mentally ill or had a developmental or physical disability at the time.

Welfare and Institutions Code 707b lists severe crimes for which minors can face charges, including:

  • Murder and attempted murder.
  • Forceful rape.
  • Arson.
  • Forcible sex crimes.
  • Kidnapping resulting in bodily harm.
  • Kidnapping for ransom or robbery.
  • Assault with a dangerous weapon, like a firearm, likely to produce significant bodily injuries.
  • Sexual assault.
  • Specific violent felonies.
  • Armed carjacking.

Wardship Probation Under Welfare & Institutions Act 602

Wardship probation is imposed under this statute if a judge later discovers that the juvenile violated the law after placing them on formal probation. Remember that as a court’s ward, the minor is under the supervision of the court until age twenty-one. If they are committed to DJJ, the court will assume jurisdiction and responsibility until they reach the age of twenty-four.

The Role of the Probation Department in Juvenile Probation

The juvenile probation department is extremely important in the life of a minor placed on juvenile probation. The department's involvement begins with the arrest of a minor and continues until the case is resolved. When your child is placed on probation, the department appoints an officer to supervise them. Their primary responsibilities include monitoring the minor and ensuring that the probation conditions imposed by the court are followed.

You must work closely with the department as a parent to ensure the child's rehabilitation. As a result, you must report any violations to the probation officer and take steps to avoid future violations.

The probation department is usually involved in the majority of juvenile cases. Remember that the department's recommendations and assessments are used by juvenile courts to determine the appropriate programs and dispositions for juvenile offenders. Here are different ways a probation officer could be involved in your child’s case before and after placement on juvenile probation:

In Their Arrest

Arresting a minor is unavoidable in the event of a criminal offense. Law enforcement conducts all criminal arrests, whether they involve adults or minors. When a child is arrested, the officer takes them to a juvenile hall. That is where a probation officer questions them. The officer's questions are designed to ascertain the facts of the case. After questioning your child, the probation department has the authority to:

  • Detain them in juvenile hall until their appearance before a judge. This first appearance occurs 48 hours after the minor's arrest. After reviewing the case, the judge decides whether to continue detaining the minor or release them to you.
  • After giving the child a court date to appear before the judge, release the child to you or another suitable placement.
  • After putting the child on informal probation, they are released to you. In this case, the prosecutor will not file a petition in court against the minor. You, the minor, and the officer will settle the matter.

Following the passage of SB 190, the police or probation department cannot detain a child in a separate room for four hours or more unless there are aggravating circumstances, like threats to the minor or other people. Furthermore, police officers must not use restraints on children unless necessary. Solitary confinement is detrimental to a child's mental and physical well-being.

During Their Adjudication

The probation department interviews your child as soon as their arrest to determine the seriousness of their charges. Following the assessment, the probation officer in charge of your child will recommend to the court whether to file a petition against the minor. If they do so, they will advise the juvenile court on whether your child should be tried as a juvenile or an adult in a criminal court.

Your minor could face adult charges if the underlying crime is listed in Section 707(b). However, for other offenses, the probation officer can make recommendations based on the following:

  • The juvenile offender’s and their family’s attitude.
  • If the violation involves violence or threat of violence against an individual or particular people.
  • If the youth faces challenges in school, community, or family.
  • If the underlying offense is straightforward. If unclear, the officer could recommend a disposition.
  • The minor’s age, maturity, and capability.

During Their Disposition

Suppose your loved one is guilty of their charges after appearing before a juvenile court judge. In that case, the court can sentence them to probation and place them under the supervision of the probation department. When your child is on formal probation, a probation officer must meet with them regularly to assess their performance. These meetings could be held weekly or monthly, depending on what the probation department deems appropriate. In this case, the probation officer's role is to ensure that the minor receives the recommended treatment and rehabilitation. The officer will also ensure they follow all probation conditions the court imposes.

During probation, the juvenile department or juvenile court could impose additional conditions based on the following:

  • The severity of the underlying charges.
  • The juvenile’s criminal history.
  • How well they relate to family and community members.

Here are examples of probation conditions the court could order your child to abide by:

  • School attendance without truancy or unexplained absenteeism.
  • Participating in drug, alcohol, or anger management programs, as well as other treatment programs deemed appropriate by the department.
  • Adhering to a curfew of 2200 hours to 1800 hours unless accompanied by a parent, guardian, or another adult.
  • Submitting to mandatory drug and alcohol tests.
  • Remove any graffiti.
  • Pay restitution to the victim or the government for any property damage.
  • Wear a device for electronic monitoring.
  • Not approaching or associating with particular people, like gang members. If the court believes that the juvenile belongs to a gang, it could order them not to wear gang colors.

During Drug Testing

If the probation department believes your child was involved in a crime due to alcohol or drug abuse, it will ensure they stay away from alcohol and drugs. The officer will then request that your child submit random urine samples. The officer could test them for meth, heroin, ecstasy, cocaine, marijuana, or angel dust.

The officer could also determine the minor's preferred drug so that it can be flagged during testing. They could consult with a drug expert to determine the type of drugs the juvenile has previously consumed. Drug professionals use the following indicators to classify drugs:

  • How a minor’s eyes change, for example, if they are sensitive to light, they constrict or dilate.
  • How they perform in a coordination test.
  • If they have injection or needle marks on their body.
  • If their movement reveals muscle inflexibility.

If the drug expert notes any of these signs, the probation officer could conduct a drug test

Consequences of Violating Probation Conditions

Your child must follow all probation conditions imposed by the court. Any violation of a probation term can result in a probation violation hearing, the outcome of which can impact the underlying case. If their probation officer reports any violations, the police can re-arrest your child and place them in a juvenile facility. The judge will then schedule a hearing to determine the circumstances of the breach under WIC 777. The prosecutor must present sufficient evidence to prove the violation in this hearing. The court usually does not punish the child, especially if the violation is minor. However, the court can impose more stringent conditions in severe cases and keep the child on probation.

Here are some of the actions the judge can take after a probation violation hearing:

  • Revoke probation and order the minor to go through the juvenile court process.
  • Revoke probation and declare the child a juvenile court ward.

Keep in mind that the minor can remain at home while on probation. If the child is not yet in a juvenile court ward, they have the right to a hearing based on the probation officer's report. If the court is not satisfied with the recommendation that the child remains in your custody after the hearing, it can order the child's immediate removal from the home.

You can hire legal representation for your child at this and other juvenile justice hearings. The attorney will protect your child's rights in every process and ensure that the court serves only their best interests. They can also present evidence and arguments in support of or in opposition to the prosecutor's case.

If your child fails to comply with some probation conditions, the court can declare them a juvenile court ward in certain circumstances. It means that the juvenile court assumes parental control and supervision of the child. If the court makes your child a ward, the following can occur:

  • The child could remain in your care but with either supervised or unsupervised probation.
  • The court can limit your authority over the child.
  • The court can order that the child be removed from your care and placed in another setting.

If the court takes your child away from you while on probation, they could place them in a juvenile hall. Under the following conditions, the judge can order the removal of your child from your home to a juvenile hall:

  • If the court determines that they do not receive adequate care and education while at home,
  • If the child's well-being requires removal from their parent's house,
  • If the minor failed to show signs of reformation during previous probation under your supervision,

Find a Competent Criminal Lawyer Near Me

The juvenile justice system is intricate. It entails several processes and requirements you need to familiarize yourself with. As a result, if your child is facing criminal charges in Santa Ana, it is best to seek legal counsel from the start. Your attorney will assist you in navigating the system and understanding the various types of juvenile probation and your options. They will also be there for you, protecting your rights and ensuring that your child receives a fair outcome. At California Criminal Lawyer Group, we handle all juvenile delinquency cases. As a result, we could assist you in determining what is best for your child based on the facts of their case. For more information and legal assistance, please contact us at 714-844-4151.