Juvenile Law

There is no greater fear for a parent than the fear of something happening to one's child. The teenage years of a child's life can be particularly difficult for parents who are concerned about their children. It can come as a complete shock to you as a parent to be informed that your child has been arrested. While such information can give rise to a slew of emotions, it is important for you as a parent to continue to act rationally and represent your child's best interests.

The absolute most important thing you should do after learning that your child is facing criminal accusations is to immediately call an experienced Juvenile Law attorney.

South Bay criminal law attorney Brian A. Newman has over 30 years of experience handling juvenile court matters involving Juvenile Law, both felony and misdemeanor charges. He has experience in the late 1980s as a member of the juvenile court indigent panel and has been defending accused juveniles ever since. In January of 2008, Mr. Newman was successful in getting a robbery case dismissed against another juvenile who was wrongfully accused.

THE JUVENILE COURT PROCESS

When a person under 18 years old has been arrested, he/she will often be interviewed by the police. Without realizing their rights, many juveniles will consent to the interviews with the police without realizing that they should remain silent until they can obtain a lawyer. As a result, confessions (some of which may very well be inaccurate) are often given even before parents receive notice of the arrest.

Whether or not a person is a juvenile or an adult, one should ALWAYS remain silent and ask to speak with an attorney prior to being questioned. It is an advantage to both guilty and innocent people to have lawyers make statements to police. An experienced lawyer will know how to make statements in a way which will minimize the amount of harm to an accused person.

When a juvenile is arrested (and possibly interrogated), the police take down his/her information and typically take a photograph and a fingerpring.

Officers have a few different choices after processing an arrested minor. A juvenile can simply be counseled and released without requesting that charges be filed or officers can ask for charges to be filed. The police also have the option of releasing the minor to the custody of a parent or guardian while assigning the minor to a future court date, or they can detain the minor.

If the police opt for detention, the minor is given to the county probation department and serves detention at juvenile hall. A juvenile being detained for a misdemeanor must be brought to Superior Court for a hearing with a judge within 48 hours of his detention. If he/she is charged with a felony, he/she must be brought to court within 72 hours. Commission of certain violent crimes by a 16 or 17 year old might give the prosecution the option of prosecuting a juvenile in an adult court. Children as young as 14 years old can be prosecuted in an adult court for murder.

Bail and the opportunity to post bail is not awarded to juveniles charged in juvenile court. However, a detention proceeding is required to be held at the juvenile's first court appearance. Juvenile court judges review the detention report prepared by the probation department at this hearing and after reviewing the report, will receive any relevant information from the minor's parents and lawyer.

A minor's parents have to be afforded the opportunity to attend the detention hearing and if they don't attend, they can apply for another hearing in writing and are entitled to receive the hearing within 24 hours.

The juvenile court judge will usually release the minor unless he/she finds that the minor needs to continue to be detained for the minor's own safety or the safety of others. If a juvenile is detained, the juvenile is entitled to a quick trial (adjudication) on the accusation ("the petition") that must take place within 15 court days of his/her first court appearance.

If the prosecutor does not present evidence that the charged crime was committed within the 15 day period, the petition will be dismissed. Juveniles will not receive trial by jury in juvenile court. Instead, the judge will be the ultimate decision maker.

If the juvenile was not detained on the charge and was released before his/her first court appearance, the juvenile is entitled to a trial, but not within 15 days.

If the prosecutor shows enough evidence to convince the judge that the accusations in the petition are true beyond a reasonable doubt, the petition is sustained and the minor is declared a ward of the court. However, many cases that charge less serious crimes usually never get to the adjudication stage. Instead, the defense and prosecution will settle a case by negotiating a plea bargain.

There are several possible dispositions that juveniles charged with criminal offenses in a petition can receive:

1. 654 Probation: The least restrictive disposition that a juvenile can receive is called "654 probation" (Named after Welfare and Institutions Code section 654). "654 probation" allows the minor to remain at home while being monitored by the probation department. IT also does not require the minor to admit his/her guilt

In cases where 654 probation are assigned, there may be no adjudication at all. If the minor stays out of trouble for six months, the case will be dismissed and the probation period will end. However, if the juvenile does not successfully make it through the six month period, juvenile hearings can continue and different sentences could be handed down.

2. Deferred Entry of Judgment (DEJ): Unlike 654 probation, DEJ DOES require that the minor confess to at least some, if not all of the accusations in the petition. Under DEJ, a minor has a list of requirements that typically include good behavior and citizenship and school and home, passing grades and regular attendance at school, and no subsequent arrests. If the obligations under DEJ are met, the case will be dismissed within six months to a year. IF they are not met, the prior admission of guilt will be used to place the minor on formal juvenile probation.

3. Home on Probation (HOP). HOP is similar to 654 probation and DEJ in that it allows the minor to return home. However, the minor is placed under the wardship of the probation department and court, which monitor the juvenile's progress. The probation department monitors things like school attendance and citizenship, behavior at home, and any sort of counseling or community service that is ordered by the judge.

4. Suitable Placement:  Suitable placement involves placing the minor in a foster home or group home. This is only done if the parents' home is found to be unsuitable for the minor or if the minor's relationship with his/her parents has suffered a major obstacle.

5. Boot Camp: Boot Camp is the oft given nickname for a camp run by the probation department. These are locked institutions that are reserved for juveniles who have committed serious crimes or who continue violate probation terms. It is a tightly regimented camp where minors attend school and it typically lasts between six months and a year.

6. California Youth Authority (CYA)-  Sentencing a juvenile to a CYA is usually thought of as a last resort and is reserved for very serious crimes or continually repeated probation failures. A CYA sentence is essentially a juvenile prison sentence. Typical sentences last anywhere from 14-26 months. The length of the sentence depends on the extent of the crime committed, the history of the juvenile offender, and the juvenile's behavior in CYA.

While juvenile courts can technically have jurisdiction over minors until they turn 26 years old, jurisdiction and CYA parole almost always end before the age of 26. Juvenile court jurisdiction usually terminates after the juvenile completes probation or turns 18. Minors have the right to petition the court to seal their juvenile records if they have had cases sustained against them. Once a minor turns 18 or probation ends (whichever occurs last) he/she can petition to seal his/her record. If the record is sealed, it will be virtually inaccessible and eventually destroyed.