“Juvenile delinquency” refers to committing unlawful activities by someone under 18. When a minor breaks a law, they are dealt with in a different justice system specifically designed to deal with the youth. In this article, you will learn and discuss a step-by-step analysis of the juvenile delinquency system in Southern California so that you and your child can know what to expect regarding the case, from the time of arrest until the case is over.
The California Welfare and Institutions Code (WIC) regulates all the foundations of these proceedings, which creates a different regime from the adult criminal court. Its primary purpose is not to punish but to rehabilitate the minors and prevent harm to the population. It is a special environment of law, and proper guidance is crucial.
It is only natural to experience fear and confusion when you get to know that your child has been arrested. At Singh Law, we can represent your minor and help you navigate the California juvenile justice system.
What Occurs Within the Immediate Aftermath of an Arrest
It starts the minute your child is in contact with law enforcement. The actions taken during these first hours can shape the case. The key role of a parent is to know what transpires and what rights should be secured in the first place. It is shocking to have that phone call, and it takes you out of your everyday life and into a realm of legal jargon and ambiguous events. The first step in defending your child is your action now.
The Arresting Officer’s Discretion
A law enforcer can choose to do various things after making an arrest, and the decision taken will largely depend on the situation. In a petty crime, the police can warn your child and turn him over to you, usually called a “counsel and release.” In other cases, they may give out a citation or a formal notice to appear in front of a county probation officer in the future. This applies to low-level misdemeanors.
If the officer considers it appropriate to charge the more serious crimes, either by the attitude of the minor, by his lack of parental care, or other means, your child will be taken to a juvenile hall and imprisoned. You have to realize that this first judgement is at the will of the officer and the peculiarities of the alleged crime, and thus, the attitude and cooperation of your child may be the factors that have an impact.
The Constitutional Rights of Your Child
Once arrested, your child is safeguarded by several fundamental rights under the Constitution, and you and your child should be well versed in those rights. When your child is under arrest, law enforcement officers should explain their Miranda rights to them, and no questioning should occur. These rights also consist of the right to stay silent because whatever they say can and will be used in court against them. This is not a vacuum. When a stressed child is pressured to talk, explain, or even apologize, they will make statements that may prove legally harmful, without the intention of doing so.
Moreover, they can have an attorney. If you cannot afford a lawyer, the court must provide one to your child without charge. This right is absolute. You have to advise your child to say, “I want to speak to a lawyer,” and nothing more.
You should know the necessary critical protection in California, namely, for younger minors. The law, as a reflection of the knowledge of developmental psychology, provides that no child under 15 can waive their Miranda rights without consulting an attorney. This implies that police are not allowed to interrogate them on the alleged crime until they can communicate with a lawyer so that they are not pressured to provide self-incriminating statements. This is a law that acknowledges that juveniles are particularly susceptible during custodial interrogations and offers imperative protection. When your child is arrested, he can make at least two phone calls in an hour, one to you as a parent or a guardian and another to an attorney.
Your Rights and Responsibilities as a Parent
As a parent, you are also entitled to this process. The law enforcers should make a reasonable attempt to inform you that your child has been arrested and tell you where they are. Your emotional support and presence are essential not only to the emotional condition of your child but also to ensure that their rights are not violated. You are entitled to be present in all the hearings of your child in court.
You should also know about your possible roles. Should the court subsequently decide that your child is liable to compensate a victim for any damages or loss, you might be liable to pay up to a particular statutory limit. On the same note, you might have to pay for specific court-ordered counselling programs, assessments, or detention expenses. Such monetary commitments highlight the significance of engaging in the legal procedure at the outset.
Step-by-Step Juvenile Court Guide
If your case as a parent is not settled with the arresting officer informally, your case will be subjected to the formal juvenile court system. This is a sequence of hearings and assessments, each with a purpose. This journey cannot be taken without a precise knowledge of what happens in each step because every step continues the previous step, leading the case to an ultimate resolution.
The Probation Department Intake
Once the arrest is made, the case is referred to the county juvenile probation department. This is where the choice must be made, and it is a critical point. Information will be assessed by an intake probation officer who will review the information about the police report, the background of your child, school records, and any previous history with the justice system. This is usually a form of interview with both you and your child. In this overall analysis, there are three main options that the probation officer has.
They may drop the case altogether if the crime is minor and you have no prior record with your child. They can also provide an informal diversion program, whereby your child will have his/her case resolved without appearing in court, provided that he/she fulfills certain conditions. Lastly, if the offense is heinous or other circumstances justify it, the probation officer will send the case to the District Attorney’s office to ask the office to press formal charges. This first interaction will be very consequential because the report delivered by this officer will track your child in the case.
The commencement of Formal Proceedings
The juvenile system does not have a criminal complaint with formal charges, as in the adult court. Instead, the District Attorney submits a “petition” to the court under Welfare and Institutions Code 602. It is a legal document that formally accuses your child of having done a delinquent act, the specific laws they are alleged to have violated and a summary of the facts. This petition marks the start of the court case and a shift from being a law enforcement issue to a judicial one. After filing the petition, your child will have to stand in court and undergo several hearings.
The Detention Hearing
If your child is detained in the juvenile hall, their initial hearing is the detention hearing, which should be held within 48 to 72 hours after their arrest. This hearing is meant to determine whether your child would be held in custody or released to you pending the course of the case. It is imperative to note that the juvenile justice system does not have bail.
The judge makes their decision on a prima facie demonstration (that is, there is enough evidence that, just looking at the case, you can tell that your child is guilty of the offense) and as to whether your child is a flight risk, a danger to the community, or a danger to themselves. A lawyer can argue in your favor, contest the evidence brought forward by the prosecutor, and give the court facts regarding the stability of your child at home and school to convince the judge that your child can safely be put under your care.
The Adjudication Hearing
The trial of the juvenile court is known as the adjudication hearing. Nonetheless, there exists a significant disparity between the juvenile and adult systems. The most crucial difference is that there is no jury. The evidence brought forth by your child’s prosecutor and defense lawyer will be heard by a single judge, who will decide the facts independently.
The prosecutor still has to prove the allegations in the petition are real beyond a reasonable doubt, which is the best standard of proof in the legal system. At this hearing, your child’s attorney can cross-examine the prosecution witnesses, object to evidence, and introduce witnesses and evidence on behalf of your child. In case the judge, after considering all the evidence, concludes that the allegations are real, the petition will be sustained. This is the juvenile counterpart of a guilty verdict.
The Disposition Hearing
If the petition is upheld, the last step is the disposition hearing, similar to the sentencing in the adult court. The main aim of such a hearing is not to penalize but to formulate a disposition that will be in the best interest of rehabilitating your child while safeguarding the population. A probation officer will develop a comprehensive social study report, provided to the judge, containing information on your child’s background, family life, academic performance, mental and physical health, and any history before the hearing.
A recommendation on the disposition will also be provided in this report. The defense and the prosecution can examine this report and appeal for a different verdict. The least restrictive disposition can be promoted through the help of mitigating evidence (letters of support or evidence of attendance in counseling presented by your attorney). The judge will consider all this information and decide on the relevant consequences and rehabilitative plan.
Possible Outcomes and Understanding Juvenile “Dispositions”
“Sentence” is a word that is hardly applied in juvenile court. Instead, the results are referred to as disposition, which is meant to give your child the supervision, care, and treatment needed to get them back on track towards a productive life. The spectrum of dispositions is broad, from the non-formal supervision at home to the placement in a secure facility.
Diversion and Informal Probation
In most cases, for the first time, for non-violent offenders like petty theft, simple vandalism, or a minor fight in school, the court and probation department will attempt to bypass a formal adjudication. The diversion program, a program that is provided under WIC 654, precedes the filing of a petition. Your child might agree to undergo full counselling classes, community service, or restitution to the victim.
If they finish the program within six months, no petition is ever filed, and the case is closed. On the same note, informal probation when WIC 725 is filed may be granted upon a petition. The judge will adjourn the process by six months if your child follows some conditions. A successful completion will lead to the dismissal of the petition to prevent a permanent notation on their record.
Deferred Entry of Judgment (DEJ)
In some cases, a Deferred Entry of Judgment (DEJ) under WIC 790 could be considered for first-time felony offenses that are not considered serious or violent. Your child, under this disposition, acknowledges the allegations in the petition. The court, however, often defers a finding and puts your child on a supervised program of between 12 and 36 months. The minor should not have a record of being a ward of the court for a felony. If your child fulfills all the program terms, the charges will be dismissed and the case closed. It is an austere and yet very desirable product.
Becoming a Ward of the Court
In most situations where a petition is upheld, the judge will have your child pronounced a ward of the court and put him under formal probation. This is an essential legal action; this is the court taking the legal duty of responsibility and control of your child; the probation department has the supervisory rights. It is possible to serve formal probation at home, but it is accompanied by strict rules depending on your child’s needs.
Conditions such as sticking to a curfew, mandatory school attendance and good grades, attending personal or family counseling, undergoing drug testing, restitution, and avoiding association with certain people or gangs are common. There will be a special probation officer who will check on your child’s compliance.
Out-of-Home Placement and Secure Facilities
The judge can make an out-of-house placement if the crime is more severe or home-based probation has been inappropriate or unsuccessful. This may involve ceding your child to a relative, a therapeutic foster home, or a structured group home. In more severe instances, your child may be sent to a county probation camp or ranch with security and locked facilities that provide more intensive 24-hour treatment and education programs.
After the state-run Division of Juvenile Justice (DJJ), formerly called the California Youth Authority (CYA), was shut down, the most dangerous juvenile offenders were placed in county-run Secure Youth Treatment Facilities (SYTFs), the ultimate confinement of the juvenile system.
Transfer to Adult Court
The most critical and possibly devastating outcome in a juvenile case is transferring the case to adult criminal court. When this occurs, your child will lose all the juvenile system protections and rehabilitative attention and will be subject to the same possible punishment as an adult, like a state prison sentence and a permanent and public criminal record.
The Fitness Hearing
The transfer to adult court may only occur with respect to a fitness hearing, also known as a transfer hearing. In the process, a judge has to decide whether your child is fit to be processed by the juvenile court system. This is a hearing that is usually conducted for minors who are between the ages of 16 and 17 years and have committed serious felonies.
The judge should assess five criteria that the law requires him to consider:
- The level of criminal sophistication of the crime committed (was it planned or impulsive?);
- Whether the minor can be rehabilitated before the jurisdiction of the juvenile court runs out (usually at 21 or 25 years);
- The prior delinquency history of the minor, the effectiveness of any previous efforts to rehabilitate the minor by the juvenile court, and the circumstances and severity of the alleged crime.
Serious Offenses Under WIC 707(b)
The chances of an attorney holding a fitness hearing are very high in case your child has committed one of the grave or violent felonies enumerated under the Welfare and Institutions Code 707(b). These are crimes like murder, robbery with a weapon, carjacking, rape with force, and some other violent sexual assaults.
An offense committed under this section establishes a legal presumption that your child is not fit to be subjected to the juvenile system. He leaves it to his defense attorney to convince the prosecution that your child can and should be reformed under the juvenile system.
Life-Changing Effect of an Adult Conviction
If the judge decides that your child cannot be handled under the juvenile system, then his case is subjected to adult court, where he will be prosecuted as an adult. This is a life-altering event. A conviction in an adult court is punishable with a lot more serious consequences, where a person may end up serving a sentence in an adult prison.
Moreover, an adult conviction provides a permanent criminal history that is publicly available and cannot be sealed as a juvenile conviction. This accompanies an individual throughout their life, establishing lifetime barriers to employment, professional licensing, housing, and even the right to vote or own a firearm.
How to Protect the Future of Your Child
The effects of a juvenile case may be long-term even after the case is adjudicated. Your child may undergo a long process until they grow up, bringing unforeseen hurdles. Nevertheless, the law offers an avenue to reduce such long-term consequences and have a second chance with your child.
The Long-term Effects of a Protracted Petition
You need to know that a long juvenile court petition is not a trifle. The conviction of a serious felony may be considered a strike according to the Three Strikes Law of California. This implies that if such a person is found to have committed another serious or violent felony as an adult, his sentence may be doubled. The third offense might result in 25 years to life imprisonment. Moreover, a juvenile court judge may also use the juvenile’s history when sentencing them in a subsequent case, which may result in a more severe sentence.
Sealing Juvenile Records for a Fresh Start
The best thing you can do after a juvenile case is to seal your children’s records. Many people think these records are automatically lost once a child turns 18. This is not true. The juvenile record will remain available to law enforcement, prosecutors, and some licensing agencies unless an official petition is submitted to the court to seal and destroy the record.
As a rule, your child may have their record sealed once they are 18 and probation or supervision has been properly terminated. The court will seek to determine that they have already been rehabilitated and have not been found guilty of any serious adult offenses related to moral turpitude. It will be done by submitting a formal petition to the juvenile court in the county where the case was heard.
The probation department will research and hand in a report to the judge. If the court accepts the petition, it would pass an order to all the concerned agencies, such as the police department, the probation department, and the office of the District Attorney, to seal their records and eventually destroy them.
According to the law, a petition’s arrest and maintenance have never occurred. When questioned about whether they have been previously arrested or convicted of a crime, your child can tell the truth and the law regarding most applications for jobs, colleges, and homes. This gives them the clean sheet they need to start afresh without being characterized by past errors.
Find a Juvenile Defense Lawyer Near Me
Although complicated and involving formal legal processes, the California juvenile justice system is, ultimately, aimed at offering a way out to rehabilitation. It understands that youths are capable of committing grave mistakes in their judgment, and it gives them a chance to learn, develop, and be productive citizens. It is, however, still an adversarial system in which the decision is not specific and the effects of a continued petition can be prolonged and devastating.
Successfully maneuvering this system goes beyond hope; it needs active participation and professional advice on the law. As a parent, you are your child’s most significant advocate. Your support, participation, and knowledge of the process are priceless. However, you do not need to struggle with this task alone. These decisions at each step, starting with the first interrogation and continuing to the last disposition hearing, can have significant effects on the future of your child.
The result of a juvenile delinquency case would determine the whole future of your child. Do not confront this obstacle on your own. Call our experienced juvenile defense lawyers at Singh Law to consult and discuss your case to defend your child’s rights. Call us now at 714-328-6189.
