When a child commits a crime in California, they are arrested and tried under the juvenile justice system. Children do not have the capacity to comprehend the nature and consequences of their actions fully. Additionally, minors are less capable of navigating the justice system, including cooperating with their defense attorneys. For this reason, the juvenile court handles offenders differently from the adult criminal court.

Before Senate Bill 439 was implemented, all minors who violated California law were treated the same under the juvenile justice system. However, SB 439 suggests alternative methods of dealing with offenders under the age of twelve. Unless your child has committed a serious crime like rape, murder, or arson, they cannot be tried in juvenile court.

This helps to protect young children from the effects of the formal justice system. If your child faces arrest and believes they are protected by SB 439, you must hire and retain a skilled lawyer. At California Criminal Lawyer Group, we will do our best to protect your child’s rights and ensure the best outcome for their case in Santa Ana, CA.

An Overview of Juvenile Delinquency in California

California law is strict when dealing with offenders in the state. Fighting the criminal justice system can be very challenging, even for adults. Therefore, research has shown that the effects of the criminal justice system could affect a child's mental and emotional development. For this reason, minors who commit crimes in California are handled by the juvenile justice system.

The juvenile delinquency court is dedicated to handling minors who commit serious crimes or status offenses like curfew violations and truancy. The juvenile court is not part of California criminal law. Minor offenders are treated more leniently than adults who have committed a similar offense.

While criminal courts aim at punishing offenders for their actions, juvenile court aims at the education, treatment, and rehabilitation of minor offenders. The juvenile court deals with offenders between the ages of twelve and seventeen. In cases where a minor over the age of fifteen commits a severe crime, the juvenile court may seek to transfer them to adult court, where they are tried and convicted as adults.

Understanding Senate Bill 439

Children can be exposed to crime due to their upbringing and environment. Children under the age of twelve can commit serious crimes. However, the conduct of minors varies from that of adults. Since children have not developed the full mental capacity to comprehend the nature of their actions.

Before Senate Bill 439, the juvenile justice court had jurisdiction over all children under the age of eighteen. Senate Bill 439 was passed to protect children under the age of twelve from harsh dispositions that would not benefit them or society. The idea behind SB 439 is to develop alternative approaches as consequences for young children who break the law.

Before the bill was passed, it was agreed that better methods to deal with very young offenders should be developed. After Senate Bill 439, the juvenile court will only have jurisdiction over a child under the age of twelve if they are accused of committing serious crimes like murder or rape.

Although SB 439 suggests that alternative rehabilitation methods be formulated for young offenders, the law does not name specific individuals responsible for these measures. Organizations like schools are expected to be at the forefront of attempts to discourage children from committing crimes.

Main Objectives of Senate Bill 439

Senate Bill 439 aims to accomplish the following goals in the juvenile justice system:

Develop Alternative Measures to Rehabilitate Young Offenders

It can be agreed upon that children under the age of twelve have no mental capacity to understand the nature of a criminal act and its potential consequences. Additionally, children at this age are easily affected by their environment. Unmet physical or emotional needs can push a child to engage in delinquency.

Therefore, if the juvenile justice system handles the child, the root cause of their delinquency may not be addressed. Some of the dispositions offered by the juvenile courts include probation, placement in group homes, or detention in juvenile halls. These dispositions may be appropriate for children between the ages of twelve and seventeen.

However, for minors under the age of twelve, this would not be the best way to rehabilitate. When alternative measures are formulated, the emotional and mental well-being of the child will be protected.

Establish the Lowest Age of Adjudication in Juvenile Courts

The minimum age for trial in adult court is eighteen years. The establishment of this age limit is based on research that has shown that individuals under this age cannot tolerate the consequences of criminal convictions. Similarly, Senate Bill 439 suggested establishing an age limit for individuals who can be tried under the juvenile justice system.

Ensure Counties Have Policies to Deal With Children Under Twelve Years

After Senate Bill 439 was passed, the juvenile court will have jurisdiction over children twelve years and above. However, the duty to formulate these measures was not delegated to anyone. The objective behind SB 439 is for each county in California to establish its own policies for addressing young adolescents.

Before SB 439, there was no age restriction on minors who could be charged in juvenile court. The juvenile court judge would sustain juvenile petitions against the minors without considering the impact that the outcome could have on them.

Increase Financial Assistance for Rehabilitation Programs

Another goal of SB 439 is to increase resources for programs to rehabilitate children under twelve years. Unlike punishment, where an offender is placed in a jail cell or mandated to pay fines, juvenile programs include treatment and counseling. If minors under twelve years are to be dealt with using alternative measures, more resources must be allocated to the programs.

Rights of Juvenile Delinquents After Senate Bill 439

Children under twelve are mostly arrested for minor infractions like curfew violations or truancy. In these cases, the police will warn the minor about future violations and release them. However, in cases where minors commit more serious violations, they can be arrested and charged in juvenile court. Although the court process for minors is quite informal, your child has the following rights:

Right to a Legal Arrest

Even when a juvenile is suspected of committing a crime, an arresting officer must uphold their rights. Like in adult cases, a police officer must have probable cause to search and arrest a child for violating the law. However, the rules on arrest and detention are less strict when school officials search a student for reasonable suspicion of wrongdoing.

Additionally, the school can submit the evidence they find about the minor to the police. To be used in the juvenile delinquency case.

Right to a Phone Call

If an officer does not cite and release a juvenile offender, the minor is detained in the juvenile hall while a juvenile petition is filed. Arrest and detention can be traumatizing for a minor. However, they have a right to make at least one phone call from the juvenile detention center.

Your child can use one phone call to contact you or a lawyer. Some minors may be too afraid to notify their parents of their arrest. However, an officer must ensure the child understands their right to make the call.

Right to Legal Representation

Between an arrest and disposition, a minor undergoes several juvenile court proceedings. If the court sustains a juvenile petition, your child could suffer consequences impacting their life until adulthood. Therefore, every child facing criminal charges in juvenile court is entitled to representation by a lawyer.

The role of your child’s attorney is to protect their rights and help them fight juvenile charges. Additionally, the lawyer will counsel you on the right course of action for your child’s case. If your child faces juvenile court for the first time, they may be confused and unsure how to react. Therefore, their lawyer can represent their interests and help secure a favorable case outcome.

The Right to Be Notified of Their Charges

Most law enforcement officers assume that a child cannot comprehend the allegations against them. However, Senate Bill 439 allows minors to be notified of criminal charges. Sitting in detention without knowing the reason for your arrest can be nerve-wracking. Therefore, the police and prosecutor must take time to help the minor understand their petition.

When a child faces arrest in California, they have up to forty-eight hours to appear before the juvenile court. Therefore, the child must understand the charges by the time of arraignment.

Privilege Against Self-Incrimination

When an adult offender is arrested, and the police begin interrogations, the officers must read the offender's Miranda rights. The Miranda warning states that any statement the offender makes to law enforcement officers can be used against them during prosecution. This allows an individual to be cautious about the information they divulge.

A child can be very shaken by interaction with law enforcement officers. Fortunately, minors have a privilege against self-incrimination. The information your child provides to police officers after an arrest cannot be used against them.

Additionally, police officers must respect a juvenile’s right to remain silent. Therefore, the child cannot be forced to provide information during an interrogation. If the officers ignore the child’s request to remain silent, the information the minor provides will be inadmissible in court.

Right to Cross-Examine Witnesses

Although juvenile court hearings are informal, witnesses, including the arresting officer, can provide evidence against your child at an adjudication hearing. At this hearing, a minor can cross-examine witnesses and question the individuals the prosecution calls to testify.

Additionally, the child’s attorney can call on witnesses to support the minor's account of events.

Right to Have Charges Proven Beyond a Reasonable Doubt

Although a minor offender will not be sentenced to jail or prison, the prosecution must prove their case beyond a reasonable doubt. This allows the judge to sustain or throw out a petition.

No Right to Bail

When an adult is arrested and charged with committing a crime in California, they can secure an early release by posting bail. However, for minor offenders, there is no right to bail. Instead of remaining in juvenile detention, the court will schedule a detention hearing.

At the detention hearing, the court will assess the facts of your child’s case to decide if they deserve to go home or remain in juvenile hall. Although you will not make a monetary commitment to secure the release of your child, the judge will consider different factors to determine their eligibility for a release.

Most juvenile offenders will go home with their parents after a detention hearing. However, your child may be detained under the following circumstances:

  • The child has a history of violating court orders.
  • The minor has escaped a juvenile court commitment. A child with a history of escaping court commitments may be detained until the adjudication hearing.
  • The child is a flight risk. When a juvenile offender is released to go home with their parents, the juvenile court expects them to return for scheduled hearings. If there is a likelihood that the juvenile will not come back to court, they can be detained in juvenile hall.
  • Detaining the minor is important to protect them. Sometimes, the environment around a child contributes to their delinquency. If the judge feels that detaining the minor will protect them, your child may remain in juvenile hall.
  • Detaining the minor helps protect other people and property. If your child is in juvenile court for committing a violent crime or destroying property, the court may recommend that they be detained until the adjudication hearing.

No Right to Trial by a Jury

Although the right to be tried before a jury is a constitutional right most offenders enjoy, it does not apply to minors. If your child faces charges in juvenile court, their case will be heard and determined by a judge.

Trial of Minors as Adults After Senate Bill 439

Senate Bill 439 states children under twelve cannot be tried in juvenile court. However, the signing of this bill did not change the fact that minors can still be charged as adults. Several circumstances under which a minor can be charged and convicted as an adult. This means that a jury will try the child, and if convicted, they will serve time in jail or prison.

Procedures through which a minor can be tried in adult court include:

  • The prosecution can file a criminal charge against a minor in adult court after an arrest.
  • The prosecution can hold a fitness hearing if the juvenile court finds your child unfit for the juvenile justice system.

The prosecution will initiate a fitness hearing for minors over sixteen years who commit any crime. However, for minors between fourteen and sixteen, a fitness hearing arises when the child has committed any of these crimes:

  • Arson that causes serious bodily injury to another person
  • Murder
  • Forceful rape
  • Lewd acts with a child
  • Forced sexual penetration
  • Kidnapping for ransom
  • Attempted murder
  • Discharge of a firearm in an inhabited dwelling
  • Torture
  • Mayhem

The juvenile court considers the following factors to determine if a minor is fit for transfer to adult court:

  • Criminal sophistication. A child's level of sophistication when committing a crime is important during a transfer to adult court. Criminal sophistication includes acts such as attempts to conceal the crime and steps taken to accomplish the crime.
  • Child’s delinquent history. California law is strict on repeat offenders, even in juvenile court. If your child has been to juvenile court for a different crime, the court may recommend that the child be transferred to adult court.
  • Whether the child can be rehabilitated in juvenile court. The juvenile justice system aims at the rehabilitation of minor offenders. Different programs are used for the treatment and counseling of delinquents. Before your child is transferred to adult court, the judge determines if available dispositions exist to rehabilitate your child in juvenile court.
  • The severity of their crimes. Children can commit serious crimes just like adults. During a fitness hearing, the juvenile court will assess the nature and seriousness of your child’s crime before transferring them to adult court.
  • The success of previous rehabilitation attempts. If your child is a repeat offender, the juvenile court will assess the success of past attempts to rehabilitate them. If the child has not been rehabilitated from previous attempts, they can be transferred to adult court.

Juvenile Dispositions After Senate Bill 439

The sentencing options for juvenile offenders in California did not change. If the juvenile court judge sustains a juvenile petition against your child, the child could be sentenced to the following dispositions:

Formal Probation

If a juvenile delinquent is sentenced to formal probation, they will be placed in a group home or probation camp. During the probation period, the child must follow these requirements:

  • Mandatory school attendance.
  • Community service.
  • Keeping up with curfew hours.
  • Payment of victim restitution.
  • Avoid associating with specific groups of people in the community.
  • Individual or group therapy.
  • Alcohol or drug treatment.

Probation camps are designed to accommodate the needs of each juvenile, and they offer different counseling and treatment programs.

Informal Probation

When the juvenile petition against your child is less severe, the court may sentence them to informal probation. Under WIC 654, your child’s case is diverted to probation before a petition is filed. However, after filing the petition, the minor can still be sent on informal probation.

Juvenile informal probation lasts for up to six months, and the child must follow these conditions:

  • Enroll in school.
  • Join a drug treatment program.
  • Complete counseling sessions.

Deferred Entry of Judgement

DEJ allows a minor offender to enroll in and complete an education program in exchange for the dismissal of their case. However, your child must accept liability for the charges filed against them. After completing the court programs, the child can return home and move on with their life.

Deferred entry of judgment is only available for juveniles accused of committing minor offenses. If your child faces charges for any of these offenses, they cannot benefit from DEJ:

  • Sexual abuse.
  • Crimes involving firearms.
  • Offenses covered under WIC 707(b).
  • Violent crimes.

A juvenile in DEJ will be subject to these conditions:

  • Searches of their home or person without a warrant.
  • The minor must follow strict curfew rules.
  • Submit to random drug tests.
  • Pay victim restitution.

If your child does not follow through with the conditions of DEJ, their case will be returned to the juvenile court. The juvenile court judge will then issue an alternative disposition.

Division of Juvenile Justice Commitment

Besides adult prison, DJJ commitment is the most severe penalty for minor offenders. The DJJ is a detention and rehabilitation program for the most serious juvenile offenders. Your child will be sent to the DJJ if they are declared a ward of the court or are found to have committed serious offenses under WIC 707.

DJJ facilities are locked institutions where the juveniles will remain until they are rehabilitated. The goal of sending minors to DJJ includes the following:

  • Victim restoration.
  • Training and treatment.
  • Community restoration.

Before your child is sent to DJJ, the court must set a maximum term for commitment. However, a minor's time at DJJ cannot be longer than an adult could spend in jail for a similar offense. If your child is a ward of the court, they will be discharged from DJJ after two years or when they turn twenty-one years old.

Find a Competent Criminal Lawyer Near Me

Facing an arrest and criminal charges is traumatizing, especially when the alleged offender is a minor. In California, children under eighteen years can be arrested for misdemeanors, infractions, and felonies. The situation can be very challenging when you learn your child has been arrested.

Juvenile delinquents are handled in the juvenile justice system, which is more forgiving of the offenders. The juvenile court process aims to rehabilitate a child instead of punishing them. This allows minors to reform and be better citizens. In an attempt to rehabilitate offenders under twelve years, SB was passed. The main idea behind SB 439 is to guarantee leniency for children under twelve years.

After SB 439, minors under twelve cannot undergo juvenile court processes. Instead, alternative rehabilitation measures are used on them. If your child faces an arrest and criminal charges in Santa Ana, CA, you will benefit from the expert legal guidance we offer at California Criminal Lawyer Group. Contact us today at 714-844-4151 to discuss your case.