Facing an arrest and criminal charges is a devastating experience. For adult offenders, a conviction means you are found guilty or enter a no-contest plea in the case. A criminal conviction attracts serious legal penalties, including incarceration and fines. Minors violate the law as much as adults in California. However, crimes committed by children between the ages of twelve and seventeen are handled in juvenile court.

The most undesirable outcome in your child’s juvenile delinquency case is a sustained petition. This occurs during the adjudication hearing, which acts like a trial in juvenile court. The judge grants a petition if there is no reasonable doubt that the minor committed the alleged crime. Although the juvenile court aims at rehabilitation and education instead of punishment, the consequences of a sustained juvenile petition could follow the child for the rest of their life.

Understanding California law on sustained juvenile petitions is critical to finding the right defense and securing your child's case outcome. At California Criminal Lawyer Group, we offer expert legal insight for all our clients battling juvenile delinquency charges in Santa Ana, CA.

Overview of Sustained Juvenile Petitions

In California, minors commit offenses as often as adults. A minor is a child under eighteen years. These individuals can be cited for status offenses like curfew violations or delinquent acts, which qualify as offenses when perpetrated by an adult. When a minor is arrested for committing an offense, the arresting officer can decide on the following actions:

  • Release the child with a warning. Your child may be released with a warning if they have committed a minor violation that would not count as a crime in adult court.
  • Cite the child and release them. A citation release is a notice requiring the minor to appear in juvenile court on a specific date.
  • Take the minor to juvenile hall. Depending on the circumstances, the child is referred to a probation officer or prosecutor at the juvenile hall.

The prosecution will file a juvenile petition against your child for the most delinquent acts. The minor will go through different juvenile court processes. A juvenile case could end in a dismissed or sustained petition.

A sustained petition means that the child is found to have committed the underlying offense for which they were charged. Since there is no jury in juvenile cases, the judge could sustain a petition when the prosecution proves its case beyond a reasonable doubt.

Court Hearings Leading to a Sustained Juvenile Petition

Before a juvenile petition is sustained, your child will go through the following court hearings:

Detention Hearing

If your child is arrested and taken to juvenile hall, the court will hold a detention hearing. Minors have no right to a bail release. Instead, the court will decide on their release at this hearing. A juvenile offender can be released to go back home with a pending juvenile petition if:

  • The minor is not a flight risk.
  • The child is charged with a minor offense.
  • The juvenile offender is not a risk to public safety.
  • The child's home environment is conducive to

After a release at the detention hearing, the youth must go back to court on a specific date.

Adjudication Hearing

A jurisdiction hearing is comparable to a trial in an adult court. At this hearing, the prosecution will present their evidence against a minor. This could be done by stealing the elements of the specific crime that the child committed. Your child’s defense team can also mount their defense by presenting evidence and cross-examining witnesses.

A minor has the right to remain silent and to receive legal representation in their case. If the minor was coerced into speaking to law enforcement officers without legal guidance, the lawyer could use these arguments to fight the juvenile charges.

Before sustaining or dismissing a juvenile petition, the court will consider the following pieces of evidence:

  • The prosecutor’s evidence.
  • Defense arguments.
  • Witness testimony.
  • A report from the probation department and social workers.

Delinquency Acts that Could Result in a Sustained Petition

Most delinquent acts considered criminal in adult court can result in a sustained juvenile petition. If your child faces charges for the following crimes, they will need expert legal guidance to avoid a sustained petition:

Vandalism

Under California Penal Code 594, vandalism involves damaging, defacing, or destroying property belonging to another person. Before the court sustains your child's petition for vandalism, the prosecuting attorney must prove the following elements:

  • The juvenile maliciously destroyed or defaced property with graffiti. Property destruction involves drawing, scratching, or unauthorized writing. A child’s actions will be considered malicious if they were taken with an unlawful intent to injure or annoy another person.
  • The property belonged to someone else.

The minor will face misdemeanor charges if the damage to the property is less than $400. For damages worth $400 or more, the prosecution will file a petition for felony vandalism against the juvenile.

Sexual Battery

California PC 243 makes it a crime to touch another person's intimate parts without consent or for sexual gratification. As minors go through adolescent stages, incidences of sexual battery increase. Unfortunately, such acts done playfully could result in serious legal consequences.

If the prosecution can prove the following elements, the court will sustain your child’s juvenile petitions:

  • The juvenile touched another person’s intimate parts.
  • The alleged victim did not consent to the act.
  • The juvenile touched the other person for sexual abuse or gratification.

A sustained juvenile petition could result in harsh dispositions like informal probation, formal probation, and detention in a DJJ facility. Additionally, your child may be required to register as a sex offender, which has long-lasting consequences for their life.

Trespassing

Under California Penal Code 602, trespassing involves entering or remaining on another person’s property without permission. Common forms of trespassing under this statute include:

  • Failure to leave private property when asked to do so by the owner.
  • Entering another person’s property without consent.
  • Entering a person’s property with the intent to commit a crime.
  • Entry into another person’s property to destroy their property.

Like in adult court, minors facing the juvenile court system have a right to have their charges proven beyond a reasonable doubt before a sustained petition. Therefore, the prosecuting attorney must prove that:

  • Your child willfully remained on or entered property belonging to another person.
  • The child intended to destroy the property or interfere with daily business activities.
  • The minor entered the property without consent from the owner.

Shoplifting

Entering an open business intending to steal merchandise worth $950 or less is a crime under California law. Shoplifting is a common offense among minors. The court may sustain a shoplifting juvenile petition against your child if the following elements are proven beyond a reasonable doubt:

  • The minor entered a commercial establishment.
  • The child entered the establishment during business hours.
  • The child entered the premises intending to steal property worth $950.

Consequences of a Sustained Juvenile Petition

Sustaining a juvenile petition is similar to a conviction for adults in criminal court. If the juvenile court judge sustains a petition against your child, the juvenile offender could face the following dispositions:

Informal Probation

If the court sustains a juvenile petition against your child for a less serious crime, the minor could be sentenced to informal probation or diversion. If a minor commits a first offense that is less serious, like shoplifting, the court may send them on informal probation. A court-appointed probation officer designs the program to meet the child’s educational and rehabilitation needs.

Besides dismissal of your child’s petition, informal probation is the most favorable disposition for juvenile delinquents. Your child will spend up to six months on informal probation. Informal probation allows your child to remain home with you. This could allow them to continue school and be near family and loved ones as they serve their disposition.

Formal Probation

If your child becomes a court ward after a sustained juvenile petition, the judge could send them on formal probation. Formal probation could be completed at home or in a juvenile camp, depending on the circumstances. Sometimes, the home environment could contribute to a child’s delinquent acts.

While on formal probation, the minor will be required to follow these probation conditions:

  • Adhere to curfew restrictions.
  • Mandatory school attendance.
  • Avoid associating with certain individuals.
  • Avoid committing additional crimes.
  • Participation in drug or alcohol treatment programs.
  • Payment of victim restitution.
  • Removal of graffiti.
  • Electronic monitoring.

If the court determines that your home is unsuitable for the child’s rehabilitation, they would be placed with a relative or in a group home while they serve probation. Children who require more extensive rehabilitation programs could be placed in a juvenile camp for 3 months to one year.

At the probation camp, your child may receive the following services:

  • Mental health treatment and counseling services.
  • Educational services.
  • Tutoring.
  • Vocational training.
  • Alcohol and drug treatment services.

Division of Juvenile Justice

Detention in a Division of Juvenile Justice facility is the harshest disposition imposed after a sustained juvenile petition. This form of disposition is reserved for offenders charged with severe offenses. Minors not tried as adults for crimes like murder, arson, or robbery will be sentenced to this disposition.

Detention of minors in a DJJ facility is aimed at rehabilitation, not punishment. Youth will be sent to these facilities for:

  • Community restoration.
  • Offender treatment and training.
  • Victim restitution.

Minors remain in DJJ facilities for up to two years or until they turn twenty-one. The nature and circumstances of their offense will determine the exact duration of their detention.

Juvenile Appeal

The impact of a sustained juvenile petition on your child’s life could be lifelong. Fortunately, you do not have to accept the judge’s decision in the case. A minor can appeal the court’s decision to sustain a petition against them. With the guidance of a juvenile delinquency defense lawyer, the minor can file an appeal.

Like in adult court, appeals are not based on additional evidence. Instead, the child must prove that the court and prosecution made legal mistakes when handling their case. A violation of a juvenile's rights could also be the basis for an appeal. The minor can fight the charges and avoid a sustained petition if the court's decision is overturned.

Lasting Consequences of a Sustained Juvenile Petition

The juvenile court dispositions are aimed at rehabilitating and educating minor offenders. For these reasons, most juveniles will not face detention or other harsh penalties imposed on adult offenders. However, a sustained juvenile petition becomes part of your child’s criminal history. Unlike popular belief, the mistake a person makes as a minor could impact their future life significantly.

Unless a juvenile record is sealed, it can have the following lasting consequences for your child’s life:

College Application Challenges

The juvenile justice system handles crimes committed by children between twelve and seventeen years. When minors apply for college, they may have difficulty receiving admission. When deciding on the application, the college and university boards may consider the severity of the crimes and the rehabilitation steps that your child has taken. Even after acceptance to the school, the child may be constantly monitored to ensure they do not repeat the behavior.

Difficulty Securing Employment

Most employers will check a person’s background before offering a job opportunity. In an attempt to work with credible people and ensure the safety of other employees, they could discriminate against an applicant based on a criminal record. Even when you do not disclose the conviction in your application, most convictions in California are public records. Therefore, the employer can find it. You could miss a good job due to your juvenile mistakes.

Therefore, if your child faces criminal charges, they will need expert legal guidance to fight them and avoid a sustained petition.

Military Application

A juvenile criminal record can impact your ability to join the military. All branches of the Armed Forces have rules on the impact of a criminal record on your application. The military is stricter compared to other companies. You may have a chance to join the military if you have a sustained petition for a minor or non-violent crime on your juvenile record. Fighting juvenile charges with the guidance of a skilled lawyer increases the chances of avoiding a sustained juvenile petition or reducing the child’s charges.

Enhanced Future Penalties

Your juvenile record could impact the penalties you face for your adult conviction. This is because the court will associate your adult conduct with an inability to be rehabilitated from your juvenile mistakes. Individuals with a juvenile criminal record will face harsher penalties for adult crimes.

Social Stigma

A juvenile criminal record could cause serious social stigma for your child. Individuals who uncover a sustained petition could use it against the child. This can impact how people relate to the child and cause low self-esteem issues. Hiring a skilled lawyer to help your child fight their juvenile petition increases their chances of leading a normal life.

Sealing Juvenile Records in California

The consequences of a sustained juvenile record can affect your child’s personal and professional life. Fortunately, California law allows individuals with a juvenile record to petition the court to seal and destroy the record. This helps the child avoid the disabilities associated with the conviction.

Under Welfare and Institutions Code 781, sealing a juvenile record involves closing the case file. After a successful record sealing, the sustained petition ceases to be a public record. After sealing a juvenile record, you can truthfully answer no when asked about juvenile arrests and sustained petitions against you.

A juvenile record includes details of arrest court exhibitions and probation reports. You will be eligible to seal your record if you meet the following eligibility criteria:

  • You are above eighteen years of age.
  • You have not been convicted of a felony or crime of moral turpitude as an adult.
  • There is evidence of rehabilitation.

Sealing juvenile records involves filing a petition and attending a hearing. Sometimes, you do not need to go to court; your attorney can represent you. A minor could be ineligible to seal their juvenile records even when their juvenile petition was not sustained under the following circumstances:

  • The minor was released after an arrest for lack of evidence to proceed with a juvenile petition.
  • The prosecution dropped the charges against your child.
  • The child’s juvenile petition was dismissed.

Can a Juvenile Offender Face a Conviction in Criminal Court?

Instead of a conviction, the juvenile court sustains petitions against minors. Children are considered to lack the necessary capacity to make the right decisions. For this reason, the juvenile court works towards rehabilitating juvenile offenders into law-abiding citizens. However, there are circumstances under which your child can be tried and convicted as an adult.

Being tried as an adult could be detrimental for a minor. A juvenile is eligible for trial as an adult if they are over fifteen years old. The circumstances under which the child will face charges in adult court include:

  • The child is charged with a serious offense. If your child is arrested and charged with murder, robbery, arson, or rape, the juvenile court may recommend that they be transferred to adult court.
  • The child has a high degree of criminal sophistication. Under California law, criminal sophistication is the ability to carefully plan for a crime and take necessary measures to avoid arrest. A child who exhibits a high degree of sophistication may be tried and convicted as an adult.
  • Your child has an extensive criminal history. When your child faces criminal charges, the juvenile court will check their criminal record before determining the right course of action. If the child is a repeat offender with severe or violent felonies on their record, they can be transferred to adult court.
  • Lack of rehabilitation programs in juvenile court. The juvenile court system aims at rehabilitation. Therefore, the juvenile court must ensure appropriate programs before allowing a child to remain in the juvenile system. If past rehabilitation attempts on your child have failed, the minor will be transferred to adult criminal court.

If a minor is transferred to adult court, their case will not end in a sustained petition. Instead, the minor will be convicted. This could result in serious legal penalties, including:

  • Prison time. Most offenses that cause minors to be tried as adults are serious felonies that attract prison time. Your child could be sent to adult prison. However, minors cannot be sentenced to life imprisonment or capital punishment.
  • Fines. Depending on the juvenile's offense, they could be sentenced to hefty fines.
  • Felony probation. Instead of serving an entire prison sentence behind bars, your child could be sentenced to felony probation with strict rules. Violation of the probation will result in serious consequences.

If your child is at risk of transfer to adult court, a knowledgeable attorney can help prove to the court that the minor is unfit for adult trial. This allows the minor to remain in juvenile court, where they can receive the education and treatment they need.

Find a Competent Juvenile Delinquency Defense Attorney Near Me

Minors who violate California law are tried under the juvenile court system. In juvenile court, an offender will undergo a trial before a judge instead of a jury. After assessing all the evidence against your child and considering the defense, the judge can sustain or dismiss the petition against your child.

A sustained petition means that your child has been found to have committed the crime for which they were arrested and charged. After a sustained juvenile petition, your child will face different dispositions, including probation, juvenile detention, and placement in a Division of Juvenile Justice Facility.

In addition to these dispositions, the sustained petition will enter the child’s criminal record and can impact other aspects of the child’s life. Fortunately, California law is lenient when dealing with juvenile offenders. Therefore, not all arrests will result in a sustained juvenile petition.

With the guidance of a reliable defense attorney, your child can fight their juvenile charges and avoid a sustained petition. If your child faces a juvenile petition in Santa Ana, CA, you will benefit from the legal guidance and representation we offer at California Criminal Lawyer Group. Contact us at 714-844-4151 for a case review.