Juvenile Delinquency

California’s juvenile justice system significantly differs from the adult criminal court system. The juvenile focuses on rehabilitation over punishment, offering minors guidance, support, and accountability. The court considers community safety and the minor’s best interests, often seeking solutions that keep families together and allow young individuals to move forward without long-term consequences.

Understanding the juvenile’s system terminology, procedures, and objectives can significantly impact the outcome of your case. If your child is charged with an offense in Los Angeles, you should consider hiring an experienced attorney to guide you through the legal process. At CCLG: Los Angeles Criminal Attorney, we have lawyers committed to vigorously defending your child’s rights and advocating on their behalf.

An Overview of Juvenile Delinquency

In California, juvenile delinquency cases are covered under the Welfare and Institutions Code (WIC) 602. WIC Code 602 allows the juvenile court to take jurisdiction over a minor alleged to have violated a law. However, many cases are resolved informally without court intervention.

If the accusations are proven true, the court can declare your child a ward of the court. This means the judge gains legal authority over key decisions affecting your child’s life. Although it does not necessarily imply that your child will be taken out of the house, the court acquires much control.

Who is Under the Jurisdiction of the Juvenile Court?

One of the factors that determines whether a case is to be dealt with in juvenile court is age:

• Ages 12-17: These minors are normally subject to juvenile court proceedings.
• Below age 12: In California, children under 12 generally cannot be prosecuted in juvenile court except for very serious offenses such as murder or forcible sexual assault, as established by SB 439. Formal court involvement is generally limited to very serious crimes such as murder or some violent sex crimes.

When a minor is in the court’s jurisdiction, the jurisdiction’s timeline may extend beyond the age of 18. Juvenile court jurisdiction typically ends at age 21, but in certain serious cases under Welfare and Institutions Code 707(b), it may extend to age 25.

Delinquent Acts and Status Offenses

Juvenile offenses are of two kinds:

• Delinquent Acts (WIC 602): These are the acts that would be defined as crimes in the case of an adult; For example, theft, assault, or drug possession. These are the most typical ones and may lead to diversion, probation, or even confinement to an institution.

• Status Offenses (WIC 601): These acts are only deemed illegal because of the minor’s age, such as truancy or curfew violation. They are handled through services and supervision and not detention.

The Court Process: A Step-by-Step Guide to Families

The juvenile court process can be lengthy and complex, but several opportunities exist for informal resolution. That is why it is essential to have an attorney on board at the earliest stage possible, as they can speak on behalf of your child even before a formal petition is filed.

The following are the common steps:

• Arrest or Citation: Police contact is the beginning of a case. The officer may issue a warning or citation (notice to appear in court) or arrest the minor and transport them to juvenile hall.

• Probation Department: The case is referred to a county probation officer for intake and evaluation. This is one of the major decision points. The officer may dismiss the case, provide an informal diversion program, or refer the case to the District Attorney to file a formal petition.

Probation officers are part of the county’s law enforcement system and are responsible for evaluating cases and recommending actions to the court; they do not serve as advocates for your child.

• Detention Hearing (When in Custody): If your child is held in juvenile custody, they must appear before a judge within 48 to 72 hours. During this initial hearing, the judge will determine whether to release your child to you or continue their detention. The law favors releasing children to their families, and the court must have a specific reason to keep them in custody, such as posing a threat to public safety. As a parent, you have the right to attend this hearing and speak.

• Petition and Arraignment: The charges are contained in the official document called the petition. During the arraignment, your child will either admit or deny the charges. Denying the charges is similar to pleading not guilty and moving the case to trial.

• Jurisdiction Hearing (The Trial): This proceeding serves as the juvenile court trial, but unlike in adult court, there is no jury; only a judge hears the case. All the evidence is presented before a judge who makes a decision. The prosecutor has to demonstrate the case beyond a reasonable doubt. Your child’s attorney will dispute the evidence provided by the prosecutor and give a defense. In case the judge believes the allegations, they will sustain the petition.

• Disposition Hearing (The Sentencing): If the court sustains the petition, it proceeds to a disposition hearing to determine the appropriate consequences. The probation officer prepares a report concerning your child’s background, and the judge considers it and hears the arguments of both parties before delivering the verdict.

• Review Hearings: If your child is put on probation, the court will conduct regular review hearings to monitor your child’s progress.

The Case of the Prosecution

California and U.S. law presume every individual, including minors, to be innocent unless proven guilty beyond a reasonable doubt. The prosecution is solely responsible for proving the minor’s guilt in court.

The Standard: Beyond a Reasonable Doubt

This is the highest legal standard of proof in the justice system. To maintain the charges, the judge should have an abiding conviction that the allegations are true. The judge must dismiss the case if your lawyer shows that the evidence can be reasonably interpreted to mean innocence. This strict criterion is to avoid erroneous convictions.

Elements of an Offense

Every criminal offense consists of certain legal elements, that is, individual facts that should be proved by the prosecution beyond a reasonable doubt. Lack of proof of any elements could lead to the charge being dismissed. These are some of the aspects that your defense attorney should identify and dispute.

• Theft: The prosecution should show that the minor stole another person’s property and that they did it without the owner’s consent and with the aim of permanently depriving the owner of the property. In case the property was seized accidentally or to give it back, the intent requirement is not fulfilled.

• Assault: Assault is defined as an attempt to cause violent injury. The prosecution should prove that there was a deliberate act and a current capacity to use force. There is no need for physical contact. But if the accused could not commit the act, for example, they were too far away, the element of present ability may be absent.

• Drug Possession: The prosecution is required to prove that the minor was in possession of the drug, knew the drug existed, and knew that it was a controlled substance. In the case of drugs in common areas, it may be very difficult to establish the knowledge and control of an individual.

Potential Legal Consequences

Diversion to Commitment

The California juvenile justice system provides various options for possible outcomes, also known as dispositions, depending on the type of crime, the criminal history of the minor and the case circumstances. One of the most significant recent changes was the state-mandated closure of the Division of Juvenile Justice (DJJ), which was phased out in 2021 and fully closed in 2023 under SB 823. As a result, county agencies now handle serious juvenile cases, which may lead to varying levels of care, supervision, and rehabilitation depending on the county.

Case Dismissal: Diversion and Informal Probation

Whenever possible, avoiding formal adjudication and preventing the creation of a juvenile record can benefit a minor’s long-term future.

• Diversion: This option is offered to most first-time, non-violent offenders and involves the minor fulfilling some requirements, for example, community service or counseling, under the care of the probation department. When it is completed, the case never goes to court.

• Informal Probation: In other instances, the court can postpone the formal proceedings for a certain duration (usually six months) as the minor adheres to certain conditions. In case the minor finishes the terms successfully, the petition is dismissed.

Formal Probation

In most cases where the court sustains the petition, the outcome is formal probation. The minor becomes a ward of the court and is put under the care of a probation officer, often remaining at home. The conditions that the court imposes may include the following:

• Regular school attendance
• Adherence to a curfew
• Attending counseling
• Compensating victims
• Undergoing drug tests
• Consent to search and seizure conditions

Out-of-Home Placement

Out-of-home placement may be ordered by the court in case a judge decides that the home environment of a minor is not appropriate or that the previous attempts at probation were unsuccessful.

Safe Youth Treatment Facilities (SYTFs)

Secure Youth Treatment Facilities (SYTFs) represent one of the most restrictive options available within California’s juvenile justice system, typically reserved for serious offenses. County authorities maintain these locked, high-security institutions. They are reserved for youth who have committed serious crimes under Welfare and Institutions Code 707(b), including murder, robbery, or some violent felonies.

Secure Youth Treatment Facilities (SYTFs) were established under Senate Bill 823 as part of California’s juvenile justice realignment. They became fully operational following the closure of the Division of Juvenile Justice (DJJ) in 2023.

While SYTFs are designed to focus on rehabilitation, education, and treatment, the implementation and quality of services may vary between counties. Minors believed to be at a high risk of harm to the general population and those whose less restrictive options are believed to be inadequate are usually placed in a SYTF.

Fines and Restitution

Besides custodial or rehabilitative sanctions. The court can also provide financial sanctions through fines and restitution.

• Restitution Fine: This is a statutory amount the court may order the minor to pay to the state, separate from victim-specific restitution. The court may order the minor to pay a restitution fine of up to $100 for a misdemeanor and up to $1,000 for a felony.

• Victim Restitution: If a victim incurs a monetary loss due to the minor’s actions, the court can make the minor pay restitution to that victim. This may include medical costs, repairing or replacing damaged property, or other documented financial losses.

In California, parents or legal guardians may be held jointly responsible for certain restitution or fines resulting from their child’s conduct, subject to legal limitations. This means the court may place all or part of the financial obligation on the parents, regardless of the minor’s ability to pay.

The Most Used Legal Defenses in Juvenile Delinquency

Juveniles facing delinquency proceedings are entitled to legal representation and constitutional protections under U.S Supreme Court rulings such as In re Gault. A defense is an argument allowed by the law that, when proven correct, weakens the prosecution’s case and can lead to its dismissal or reduction of charges. Some of the most frequently pleaded defenses in juvenile cases are the following:

• Lack of Intent: The defense can claim that the minor lacked the intent to commit the crime in question. As an example, when property was stolen by mistake and not to permanently deprive the owner, a theft charge might not hold.

• Mistaken Identity: This is a defense that the accused minor was not the one who committed the crime, and this is usually caused by poor eyewitness identification or poor evidence.

• False Accusation: The defense may challenge the accuser’s credibility or motive, particularly when evidence suggests a false accusation.

• Self-Defense: An assertion that the minor was reasonably defending themselves or another individual against imminent danger of bodily injury.

• Illegal Search and Seizure: If the law enforcement agents searched the minor, their residence, or the property of the minor without a valid warrant or any other legal reason, the defense can seek to suppress any evidence that was acquired illegally.

• Coercion or Duress: This defense applies when the minor was coerced into committing an act they would not have done otherwise, due to an imminent threat of serious harm or by imminent danger of serious harm.

Effects of Immigration on Non-Citizen Families

The proceedings of juvenile delinquency may result in severe immigration repercussions, especially for the minors and other family members who are not citizens of the U.S. A juvenile defense attorney and an immigration attorney must collaborate in such cases.

Although a juvenile adjudication is not a criminal conviction under immigration law, the conduct detailed in the police or court documents can be used against the person by immigration authorities. This may adversely affect the capacity of a non-citizen to apply for or retain legal status.

Possible implications are:

• Inadmissibility: Denying future lawful petitions, such as green cards.
• Deportability: Putting the present legal status in danger of being revoked and possible deportation out of the United States.
• Denial of Immigration Benefits: Excluding minors in DACA, asylum, or other relief programs.

These dangers underscore the significance of knowledgeable, tactical legal representation in each juvenile case, including non-citizen young people.

The Long-Term Effects of a Juvenile Record

The widely spread but unhealthy myth is that a juvenile record simply goes away once a minor reaches the age of 18. In practice, juvenile records in California do not disappear automatically and can persist in causing significant obstacles to educational, employment, and military service.

Nevertheless, the California law offers a valuable solution: the sealing of records. According to Welfare and Institutions Code 781, a sealed juvenile record is considered an event that did not happen. After sealing, your child can legally respond with a no to the question on most job or school applications that ask whether they have a criminal record.

Record Sealing Eligibility

Your child should generally meet the following criteria to be eligible to have their records sealed.

• Generally, your child must be over 18 years old or have completed supervision for at least five years and show rehabilitation to be eligible for record sealing.
• No adult felony convictions or offenses of moral turpitude (fraud or theft)
• Be found rehabilitated before the court.

Some severe crimes cannot be sealed, but an attorney can help decide whether one is eligible and the process of filing a petition.

Immediate Steps Parents Should Take

Parents play a crucial role in safeguarding the rights and future of the child. Therefore, prompt and informed action is essential:

Secure Competent Legal Representation

It is important to seek legal advice as soon as possible. A competent juvenile defense lawyer can come to the rescue even before any formal charges are pressed. The court will appoint a public defender if a private lawyer cannot be afforded.

Teach Your Child to Keep Quiet

You should teach your child to assert their constitutional right by telling the law enforcement clearly:

I wish to talk to an attorney and am invoking my right to remain silent.

In California, minors aged 15 or younger must consult with an attorney before any custodial police interrogation.

Learn and Use Your Rights

The parents are entitled to be present during court hearings. Your presence demonstrates stability and support, which can positively influence the court’s perception. You should not share case details with anyone except your child’s attorney.

Help in Case Preparation

To help your child defend themselves, gather materials to show positive character and behavior, such as report cards, awards, or letters of recommendation. In case your child has mental health, substance use, or academic problems, do not wait until it is too late and address them with professionals. Such rehabilitation evidence may have a considerable impact on the court.

Frequently Asked Questions (FAQs)

Does my son have to stay in the juvenile hall?

Not necessarily. Within 48 to 72 hours, your child must appear before a judge for what is known as a Detention Hearing. The legislation prefers the release of children to their families. The court should have a particular reason to retain them in custody, like the belief that they threaten society. You have the right to attend your child’s detention hearing, and the court may allow you to speak, depending on the circumstances.

What happens when my child becomes a ward of the court?

It is an official result in which the judge assumes the main role of taking control of your child as a legal guardian. This typically occurs when a child is placed on formal probation and under judicial supervision. Although this does not necessarily imply that your child will be taken out of your house, it enables the court to exercise authority over your child and determine the course of their life and the rules they should abide by.

What is the effect of sealing a record?

Sealing a juvenile record limits access and allows your minor to legally deny its existence in most cases legally. However, it may still be available under specific circumstances, such as for law enforcement or court purposes.

After sealing a record, your child can truthfully and legally answer the question on most job, school, or housing applications with a “no” when asked whether they have a criminal record. In most cases, your child may apply to have their record sealed after turning 18 or upon the completion of supervision, provided they meet the eligibility criteria and have no disqualifying offenses, and provided that they have not been convicted of serious crimes in the adult system.

My relatives are not citizens of the United States. Should we be concerned?

Yes, you should proceed with great caution. While a juvenile adjudication is not considered a criminal conviction under immigration law, conduct detailed in court or immigration authorities may still use probation records in evaluating applications for legal status to deny any future benefits, such as a green card or DACA. It is critical to have both a juvenile defense lawyer and an immigration lawyer working together on the case.

Find a Juvenile Defense Lawyer Near Me

The California juvenile justice system might seem complex and often intimidating. However, it is based on the principles of rehabilitation and second chances. Although alternatives like diversion, informal supervision, and record sealing offer significant opportunities for your child to move forward with their life, such results cannot be achieved without careful legal guidance and powerful advocacy.

Juvenile delinquency cases can carry serious, long-term consequences, and early decisions are critical. Do not hesitate to take action to protect your child’s future. Contact CCLG: Los Angeles Criminal Attorney today at 323-922-3418 to speak with a dedicated juvenile defense attorney who can fight to secure the best possible outcome for your family.