When a child is involved in a crime in Los Angeles, they can be arrested and charged, just like adult offenders. However, they go through a different justice system from adult offenders. The juvenile justice system is all about treatment and rehabilitation, unlike the adult criminal system, which is designed to punish offenders. Although the juvenile justice system protects the rights of juveniles, it can be an overwhelming process for a parent whose child is involved in crime. Understanding your responsibilities and rights after your child’s arrest is critical.
At CCLG: Los Angeles Criminal Attorney, we understand how overwhelming the juvenile justice system can be for you and your child. We can help you navigate all processes successfully, inform you of your rights, discuss your options, and develop a solid defense to push for the best possible outcome in your child’s case.
Your Rights in Your Child’s Juvenile Case
Children commit crimes just like adults. Although children are generally deemed innocent, they engage in minor and severe crimes alike. Most juvenile criminal cases are dealt with in the juvenile justice system. Others are handled in the adult criminal cases. The judge makes this decision based on the child’s age, crime details, history of delinquency, and the desired outcome. If your child has committed a severe felony, and has undergone the juvenile justice system in the past with minimal or no improvement, and the juvenile is 17 or older, the prosecutor can file their case in an adult criminal court.
Understanding your child’s rights after arrest is critical in ensuring they are enforced and their best interests are served throughout the legal process. Understanding parental rights is also essential in ensuring your best interests are considered. Here are your parental rights, and how you can enforce them with the assistance of your criminal attorney:
The Right To Be Informed of Your Child’s Arrest and Detention
Remember that a child suspected of committing a crime can be arrested like an adult offender. However, you should be notified immediately after the police verify that the arrestee is a minor.
When the police make an arrest, they take a suspected offender to the station for the booking process. This is when an officer establishes their age and other personal details. If the arrestee is a minor, the police will not proceed with the booking before ensuring that the minor’s parents are notified about the arrest. Officers can also not question the minor without their parents or a legal guardian.
If your child is suspected of a serious crime that requires filing a petition against them, the arresting officer will also notify the probation department. Then, a probation officer will inform you about the arrest and possible processes your child might undergo before the case’s conclusion. This prepares you for what to expect.
A detention hearing after a juvenile’s arrest occurs within forty hours of their arrest. You should be notified about the hearing, and you can attend the hearing with your child’s attorney. You can request another hearing within twenty-four hours if you are not notified of the detention.
If the probation officer places your child under house confinement after an arrest, instead of confinement, you should be notified of the same immediately it happens. Juveniles under house confinement have limited freedom, such that they can move out of confinement for specific reasons like attending court hearings or school, and at particular times.
The Right to be Informed of Your Child’s Rights
You have the right to know that your child has constitutional rights that protect them against harassment, discrimination, and unfair treatment as they navigate the juvenile justice system. Understanding these rights makes enforcing them easier, especially if officers involved in the case are not taking them seriously. The probation officer in charge of your child’s case can explain these rights to you or your child’s attorney. Having an attorney from the beginning of the legal process ensures you know these rights on time to protect your child. Here are a juvenile’s rights after an arrest in California:
- The Right Against Unlawful Search
The police conduct searches and seizures on suspected offenders to obtain evidence to strengthen the prosecutor’s case during a trial. However, searches and seizures must be undertaken legally, meaning that the police must obtain a warrant and have probable cause to search.
If your child allegedly committed a crime while in school, teachers and school officials only need reasonable suspicion to search the minor and detain them temporarily as they await the police. However, the police need probable cause to obtain a warrant to search a minor’s person or property.
- The Right to Make a Phone Call After an Arrest
Your child has the right to call you or someone else after their arrest if the officer intends to detain them. Children can call their parents, a legal guardian, or an attorney. The officer must inform the minor and grant them this right unless the minor waives it. If your child invokes their right to a phone call, and an officer denies them, any evidence the officer will gather after violating the minor’s rights will be inadmissible in court.
Legally, the police must read a suspected offender’s Miranda rights after an arrest. Miranda’s rights include the right to remain silent to avoid self-incrimination and the right to an attorney. If children understand their rights, they can protect themselves before their parents or an attorney arrives at the police station.
- The Rights to Know the Charges Against Them
When the police arrest a minor on suspicion of criminal engagement, they must inform the minor of the charges against them. Although it is not a good idea for minors to defend themselves against arrest, knowing the charges can help them prepare for what to expect and decide. The officer can tell the minor why they are being arrested and the gravity of their charges.
- The Right to Cross-Examine Witnesses
During a case hearing in a juvenile court, witnesses can be summoned to provide critical evidence against your child. Their testimony can be integral to the evidence influencing the judge’s final decision. Your child has the right to cross-examine those witnesses. They can ask questions or challenge their testimonies for a favorable case resolution. They can also bring witnesses to court and cross-examine them for testimonies that favor their case. A juvenile can do this in person or with the assistance of their attorney. This right is critical as it ensures that the determination of cases in a juvenile court is as fair as possible.
- The Right To Protect Themselves Against Self-Incrimination
Self-incrimination happens when a juvenile provides information to the police that can be used against them in a legal proceeding. This occurs primarily when a juvenile is scared, nervous, or anxious, especially after an arrest. The police must inform the minor of their right to remain silent to avoid self-incrimination. If the minor willingly provides incriminating information after an officer reads their rights, the police or judge can use the information against them. However, if the police question the minor before reading their rights, or the officer forces a confession, the evidence obtained is inadmissible in court.
Understanding this can help you prepare your child against self-incrimination. You can question how a confession was obtained to determine its admissibility in court.
- The Right to Present Evidence
Your child has the right to present evidence in their favor when facing a trial in court. Although juveniles do not go through jury trials as it happens in adult criminal courts, the judge considers evidence against a minor to make the final ruling in a case. Your child can introduce evidence in their favor during the petition hearing. This is when the judge reviews evidence and hears statements from the prosecutor and the minor to determine the case. If the prosecutor has overwhelming evidence against their charge, strong evidence from them can trigger a fair ruling from the judge.
The Right to Return Home With Your Child Pending Their Case’s Outcome
Juvenile offenders do not have the right to bail, like adults. An eligible defendant can post bail to obtain a pretrial release. However, a juvenile can remain detained until the court hears and determines their case. However, a parent has the right to go home with their child before the determination of their case. During the detention hearing, you can exercise this right as a parent or legal guardian.
Generally, detention is recommended for juveniles who are a flight risk or a safety risk. If you can stay home with your child and present them in court when needed, you can take them home after the detention hearing. However, judges make this decision based on the following factors:
- If the child has violated any juvenile court order in the past
- If the child has escaped from a court-ordered retention in the past
- If they are a flight risk
- If they need the immediate protection that detention can offer
- If they are a safety risk to their parents or others in the community
The judge will involve the probation department to investigate the minor’s living conditions at home and needs, and make a recommendation for the court. The department will appoint an officer to work with the minor’s parents or attorney to determine the minor’s best interests. You can request your attorney if you want your child at home as they go through the juvenile court process.
The Right to Hire an Attorney for Your Child
Although the juvenile justice system favors minors, you can hire an attorney to represent your child’s best interests in all legal processes involved in their case. An attorney will ensure that your child’s rights are protected, review your child’s legal options, and defend them for the best possible outcome in their case. Generally, these are the benefits of hiring an attorney for your child after an arrest:
- They will protect the rights of your child to an attorney, to a phone call, against self-incrimination, against unlawful search, and against illegal arrest
- They will assist you and your child in navigating complex legal processes within the juvenile justice system
- They will minimize long-term consequences for your child’s case outcome, which can affect their future, including the ability to be admitted to colleges or find suitable employment
- They will fight for the best outcome in your child’s case
However, you must carefully hire an attorney for your child to enjoy these and many other benefits. Some of the considerations you can make when doing this include the following:
- Hire an experienced attorney, especially one who has handled juvenile cases in the past
- Consider their skills and knowledge on juvenile matters, especially the laws protecting children’s rights
- Consider working with a local attorney because of their availability and understanding of local laws
- Hire an attorney who is easy to work with for a smooth legal process. You can look for referrals or review the testimonials of attorneys you find online.
- Consider working with an attorney who will communicate throughout the legal process. They will ensure you are well-informed about your child’s case progress.
The Right to Attend Court Hearings Regarding Your Child
Your child will go through different processes after arrest before the judge gives the final ruling in their case. It helps to know that you can freely attend the hearings to support them.
The process starts when the prosecutor files a petition with the juvenile court against the minor. The judge will hold a petition hearing to explain the charges against the minor, their legal rights, and the rights of their parents or guardians. The judge can have a detention hearing after that to determine the suitability of a minor to remain in custody pending the determination of their case.
An adjudication hearing also happens to determine the case. In this hearing, the judge will hear all evidence presented by the prosecution and the defense and a report from the probation department to make the final ruling in the matter. Finally, there will be a disposition hearing to determine the best action against the minor.
You have the right to attend some, most, or all hearings regarding your child. You can do so to support your child and know the outcome of every process they go through. This can also influence your decision-making, including looking for witnesses to testify in your child’s favor or hiring an attorney to fight for a favorable outcome. Being present demonstrates your support for your child, which can influence a judge’s outcome.
You can also influence the outcome of your child’s case by advocating for their best interests through their attorney. For example, you can convince the court to choose a non-custodial disposition as opposed to detention, which includes the following:
- A monetary court fine, paid to the court, or restitution to the victim of your child’s crime
- Counselling and rehabilitation to heal an underlying condition that causes the minor to engage in crime
- Participation in community service by engaging in community work for a predetermined number of hours
- Home confinement, with an electronic monitoring device to keep the child from committing a crime for a particular period
- Probation is when a child is sent back home, but it is under strict conditions that they must abide by for a predetermined period. They will attend school and participate in community work, but must stay out of trouble during that period.
The Right to Inspect Your Child’s Court Files
To protect minors, juvenile courts keep their court records and files confidential. However, they should be available for inspection by the child’s parents or legal guardians. Thus, you have the right to review those records to determine the progress of your child’s case and the legal implications of their situation. You can request to inspect your child’s court files through their attorney.
In addition to the arrest files and other court documents, you can request to review probation reports, prosecution reports, and any police reports on your child. Going through these reports helps you understand the circumstances of your child’s arrest and whether their rights were violated in any way.
Additionally, you have the right to compel the court to keep your child’s court proceedings confidential. This will protect them from public humiliation and stigma later on in life. Typically, juvenile court proceedings are usually handled away from the public.
The Right to Appeal Your Child’s Case
Although the juvenile justice system is all about a child’s best interests, the resolution from the judge after the petition hearing can be unfavorable for you or your child. You can appeal your child’s case with the help of a criminal attorney if you are unhappy with its outcome.
Your child’s attorney can help you request a hearing with the judge after the disposition hearing. The judge’s final verdict is usually not final; you can appeal if you hoped for a different or more favorable outcome. When you request a hearing after the disposition hearing, the judge can hold a review hearing to review the case’s outcome again.
You must file a Notice of Appeal with the juvenile court to file an appeal. The notice will inform the parties involved in the case of your decision to appeal the matter. You can write the notice on a pleading paper or complete the appropriate paperwork. This must be done within 60 days of the disposition hearing. Also, you must file the notice in the court that heard and determined your child’s case, not in a court of appeal.
If you choose to write the notice in the form of a letter, you should include the following information:
- The exact reason why you are appealing the case
- The order or judgment against which you are appealing
- If you are appealing against part of the judgement, or the entire judgement
- Your name and signature, and the name and signature of your child’s attorney
A Parent’s Obligation in Their Child’s Juvenile Case
Your rights are not the only things you have to worry about when your child has a petition against them in a juvenile court. Understanding your obligations is also necessary to ensure a smooth continuity of your child’s case. As you exercise your rights to protect your child’s best interests, here are some of the obligations you must pay close attention to:
- The obligation to cover the cost of electronic surveillance if your child needs it to protect the public or your family. This is mainly used on high-risk juvenile offenders. Juvenile courts use electronic surveillance as an alternative to detention, which promotes rehabilitation and reintegration of the child into their community.
- The obligation to cover your child’s legal services. If you hire an attorney to help with your child’s case, you must be willing and ready to cover the associated costs.
- The obligation to pay restitution to any victims of your child’s crime. The judge will determine the amount you should pay, based on the severity of the crime and the damage incurred by the victims. Restitution helps the victims cover some of their damages, including medical costs, lost wages, and damaged or lost property.
Find a Competent Criminal Defense Attorney Near Me
The arrest of a child in Los Angeles can cause stress and anxiety to a parent or guardian and their entire family. Determining how to help your child, especially if they face severe criminal charges, could be challenging. Knowing and exercising your parental rights can help you fight for your child’s best interests. A competent attorney can help you develop a solid defense for the best possible outcome.
At CCLG: Los Angeles Criminal Attorney, we understand how confused you can be when you learn about your child’s arrest and detention. We can work closely with you to protect your and your child’s rights, advise you on your options, and fight for a favorable outcome. We can also help you navigate all complex legal processes in the juvenile justice system. Call us at 323-922-3418 to learn more about your rights and obligations and our services.
