Juveniles are individuals below 18 years according to California law. Juvenile delinquency courts handle cases involving children who commit crimes. These courts differ from other courts in that they afford greater discretion in handling cases involving minors who violate the law. These courts aim to give minors a chance to reform. The juvenile delinquency process differs significantly from an adult court because minors do not face a jury. The juvenile delinquency system often emphasizes rehabilitation, which may lead to more favorable outcomes in some cases.
Several opportunities are offered to minors and their parents to help minimize delinquency. Some of the opportunities include after-school programs to keep minors off the streets. Parents and guardians are also taught how they can better raise their minors to become better people in the community. You should seek the services of an experienced criminal attorney if your child faces a criminal charge. The CCLG: Los Angeles Criminal Attorney has a reputable legal team that has represented many children facing delinquency.
Juvenile Delinquency Court Under California Law
Juvenile delinquency courts are specialized judicial bodies that handle cases involving children who are accused of violating federal, state, or local laws. The courts handle minors under 18 years old. These courts involve social workers, probation officers, and parents during the judicial process. They guide minors, often striving to prevent them from committing crimes in the future.
Termination of parental rights is handled in dependency proceedings, not delinquency cases. The court can also put a child under:
- The supervision of the probation department
- The care or custody of foster homes
- Secure institutions, or
- Special treatment centers
Juvenile delinquency courts often focus on the adjudication of misdemeanor and felony crimes committed by children. They also handle status offenses, including truancy and curfew violations.
The 602 Proceedings
The juvenile court system operates separately from the adult criminal system and is generally considered part of a civil framework. A juvenile court trial is also called a § 602 proceeding, whereby a prosecutor and defense attorney are present during the hearing, but juries are absent. The trial is also confidential to help protect juvenile offenders.
In 2018, Governor Jerry Brown signed SB 439 into law as part of the Justice and Equity bill package. Senators Holly Mitchel and Ricardo Lara sponsored this bill. According to this law, 12 years is the minimum age for juvenile proceedings in California. However, children below 12 years can still be charged under the juvenile justice system if they are guilty of committing severe offenses like murder or forcible sex. Juvenile court jurisdiction is limited to children under 12, except in specific serious cases.
The purpose of Senate Bill 439 is to protect children from severe penalties by the criminal justice system. It also creates a better system to provide children with enough care and support.
The juvenile Court Lingo
The court cannot find a minor guilty or innocent in the juvenile court. However, the judge can sustain the filed petition if the prosecutor proves the minor committed the alleged crime.
California Wards Of The Court
The court will take over the child’s primary duties for control and treatment if it makes the minor a ‘’ward of the court.
Causes Of Juvenile Delinquency
There are many opportunities for children to commit offenses. Most children who engage in criminal activities do not feel like there is any way out. Various factors contribute to juvenile delinquency in California. Some minors have mental disorders that make them unable to distinguish right from wrong. Others do not care about the consequences of wrongdoing.
However, most minors who commit crimes do not have a strong family life and have no one to guide them as they grow. Others may become social outcasts, leading them to commit crimes as an outlet for their frustration and anger. It is challenging to point out one specific cause of juvenile delinquency because each situation is unique. Minors require more guidance from parents and teachers to help them distinguish right from wrong.
The Juvenile Court Process
The juvenile court process often begins with the minor’s arrest. Sometimes, the police can decide to release a minor with a simple reprimand. The police can take the child to the County Probation Department. This can result in the minor’s detention in juvenile hall and the filing of a case against the child. The juvenile court process follows the following steps:
Detention Hearing
The child will attend a hearing the following day after an arrest, usually before a master or judge. The police will notify the child and their parents to attend the court hearing. In more severe cases, your child can be put behind bars until the first court arraignment. The judge will decide during the detention hearing whether your child will remain in jail as the case continues.
Arraignment
The child appears in court at arraignment to admit or deny the alleged crime. You are allowed to hire an attorney to represent your child. Admission is similar to a guilty plea. The case will proceed to disposition immediately or at a later date once a minor admits to the charges. Alternatively, the case will move to trial once the minor denies the charges.
Transfer Hearing
Also known as a fitness hearing, a transfer hearing involves a judge’s determination of whether a child should be transferred to face criminal charges in an adult court. The child will remain in the juvenile court if the judge determines that the minor is fit to remain in the juvenile system. In most situations, a child accused of committing a crime is filed within the juvenile delinquency system. However, a child can be charged in an adult court if he/she commits a severe offense.
If the court wants to charge the minor as an adult, the child will stay in the juvenile court until the judge decides during the transfer proceedings. A child offender can face a prolonged sentence in adult prisons with adult defendants.
Jurisdiction Proceedings
The judge will decide whether the child should stay in jail during the initial detention hearing. Additionally, the judge will decide when an issue is pending or when the child is released to their parents. A child is entitled to an adjudication hearing when placed in jail. This should happen within 15 days. Your child is entitled to an adjudication hearing within 30 days if he/she is released. The minor must be released if statutory timelines are not met, unless good cause is shown. Your child can only remain in jail if there is a good cause for keeping them in jail.
The defense attorney and the prosecutor can present their defense and evidence at the jurisdiction hearing just like in a criminal proceeding. A child has a right to an attorney and can retain a private attorney or even seek the services of a public defender. The judge will hear the evidence from both sides and determine whether there is sufficient evidence that sustains the petition against a minor.
Disposition Hearing
A disposition hearing is held on the same day as an adjudication hearing or at a later date. The judge will decide at the hearing whether a child is delinquent or if he/she requires guidance, rehabilitation, or treatment. The judge can place your child on probation under the supervision of the juvenile department.
Additionally, the court can commit your child to the juvenile department services. The child can also be removed from the department and placed in a facility for care or guidance. The judge can also order restitution, in which the parents and the minor are liable to pay a certain amount to compensate the victims. Victims can be compensated for stolen property, property destroyed or damaged, and costs incurred, including medical or funeral costs.
The law provides timelines and procedures for when and how the proceedings will happen. The prosecutor and the defense team will arrive at a solution and proceed to disposition at each stage. Another hearing will be scheduled in case mistakes are made. A minor’s parents are required to appear at the hearing.
What The Prosecutor Must Prove To Charge Your Child With Juvenile Delinquency
The juvenile delinquency law is often specific about what the prosecutor must prove to convict a child. The prosecutor must prove that a minor is at least 12 years old and below 18 years when he/she committed the crime. He/she must also show the law that your child violated. The prosecutor is also required to state whether the offense was robbery, aggravated assault, or simple assault.
Violations Committed By Minors
Children can commit different criminal offenses, including:
- Drug selling, possession, and transportation
- Solicitation of prostitution
- Murder or attempted murder
- Graffiti and vandalism
- Robbery
- Gang crimes
- Gun possession
- Reckless driving and speeding
- Assault and battery offenses
- Driving under the influence
- Shoplifting
- Consumption of alcohol
- Theft crimes, and
- burglary
The courts often focus on rehabilitation rather than incarceration under the juvenile system. However, in some situations, the prosecutor can use a more aggressive approach and pursue severe penalties. The judge will consider the age and the criminal record of the child when deciding the punishment.
Common Crimes For Children Tried As Adults
Under certain circumstances, a child can automatically be charged in an adult court. The child can be charged under the Welfare and Institution Code 707(b) if he/she commits the following crimes:
- A felony offense while the child used a weapon
- Carjacking
- Assault with a firearm
- Voluntary manslaughter
- Murder with a special circumstance
- Robbery
- Rape through threat or force
- Arson that causes significant bodily injuries
- Sodomy by force or oral copulation
- Forcible sex penetration
- Attempted murder, and
- kidnapping
The prosecutor decides how to treat 707(b) offenses. He/she can file the child’s case directly in the adult court or request a fitness hearing to let the judge decide.
Potential Punishment For a Minor
Various sentencing options are available for the child under the delinquency system. Some of the potential penalties include:
Commitment To California Youth Authority (CYA)
Besides adult prison, another severe punishment your child can face is commitment to the California Youth Authority. The child will be sent to a CYA if he/she commits one of the offenses requiring sex offender registration or has a recent adjudication for a 707(b).
CYA is a state agency mandated to protect the community from delinquent and criminal acts by children. This agency works in treatment and training programs that aim at rehabilitating, educating, and correcting defendants instead of punishing them. CYA offers services to children aged 12-25. It works with the police, courts, district attorneys, probation offices, and private agencies involved in youth issues. Your child can also be incarcerated in the CYA until the age of 25 years if he/she is determined to be a safety risk.
Formal Probation At Camp or Home
A child can serve probation if he/she is declared a ward of the court by the juvenile court. The juvenile is permitted to serve probation at home even if he/she is considered a ward of the court. The juvenile court can also place your child in a probation camp, juvenile hall, or foster care. The following are some of the conditions of probation:
- Substance abuse counseling
- Graffiti removal
- Community service
- Mandatory school attendance
- Curfew restriction, and
- Restitution to the victim
Your child will be sent to a probation camp for a period not exceeding one year if the child needs significant rehabilitation. There are many probation camps in California. Most camps are dormitories that follow a structured daily schedule of education and treatment programs. Other existing centers include boot camps, family-style, focusing on small intensive treatment, and fire or wilderness camps emphasizing firefighting and forestry training.
Deferred Entry Of Judgment
Deferred judgment will require your child to plead guilty to the alleged offense. However, once your child completes the DEJ program, the deferred entry will result in the dismissal of your child’s case. A deferred judgment is often granted to offenders who commit first-time felonies.
Welfare And Institution Section 654 Diversion
A child’s case can be diverted into probation under the California law and the institution code 654 before it is filed. The offenses eligible under this law include petty theft and shoplifting under Penal Code 484. A child’s attorney can seek to have code 654 diverted due to the low-level nature of the crime.
The child will avoid the filing of Penal Code 484 charges or secure their dismissal after completing probation. The probation officer will develop a program for the minor when bringing them within the court’s jurisdiction. The program will last no more than six months. This program can include education and counseling. The probation officer will initiate formal petition proceedings with the court if your child fails to participate in the program.
Welfare And Institution Section 725 Informal Probation
In some situations, the juvenile court can decide to place your child on informal probation. The major distinction with Penal Code 654 is the filing of the case. However, the case will be put on hold, giving the child a second chance. The minor does not enter a guilty plea, and the case will be dismissed if the offender complies with probation conditions. Some of the conditions can include school attendance, curfew, drug testing, and counseling for the minor and their parents. The Welfare and Institutions Section 725 informal probation will last for a period not exceeding six months.
The Purpose Of Rehabilitation
The primary goal of the juvenile system is to rehabilitate the minor. Usually, if an adult is convicted of a crime and imprisoned, the purpose is to punish the defendant. On the other hand, the juvenile court places a child on probation to rehabilitate them. Additionally, minors under the juvenile court system are entitled to education, treatment, and other services that can help them avoid crimes, reunite with their families, and become productive people.
Defenses Against Juvenile Delinquency Charges
The prosecutor must provide sufficient evidence to show that a minor committed the alleged offense. He/she should also prove that the child was under 18 years and had criminal intent. This can be a challenge to the prosecutor because juvenile courts are often more lenient than adult courts. Juvenile courts also understand that there is still time for minors to change their behavior. Usually, the child’s defense team can present the following defenses against the charges:
It Was An Accident
The defense legal team can allege that the child’s offense was an accident. An attorney can also claim that your child did not intend to commit the offense, nor was he/she negligent. However, the prosecutor can still challenge this defense if he/she provides enough evidence that the child acted with criminal or ordinary negligence.
Insufficient Evidence
The defense team can also argue that the prosecutor did not present sufficient evidence to support the case. Your attorney can claim that your child was too young to differentiate between right and wrong because of the juvenile status.
Admissible Conduct
Your attorney can allege that even if your child committed the offense, the child did not do it with sufficient clarity or intent to commit the offense. This means that the child had no criminal intent to commit an offense.
The Child Confessed Out of Coercion
The attorney can point out that the police coerced your child into confessing to committing the crime. This means the child did not act of their own free will, and if the police had not been involved, the child would probably not have confessed to the offense.
Insanity Defense
The child can plead not guilty if the child has a proven mental illness. For example, many teens in the United States suffer from bipolar or anxiety disorders. You would need to have the child undergo a medical evaluation for the insanity defense to apply.
Preventing The Children From Committing Offenses
A child can be helped to avoid crimes through the following ways:
Engaging Them In Constructive Activities
The child will have sufficient time to concentrate on school and less idle time if he/she is engaged in constructive activities. Children require a balance between extracurricular activities, after-school programs, and enrichment classes.
Minimize Exposure To Violence
Helping children avoid crimes also involves reducing exposure to violence, including family trauma syndrome or abuse, which can lead minors into gangs because they feel unsafe at home.
Better Monitoring By Parents And Guardians
You should monitor what your child does online. Avoid exposing children to inappropriate content that can lure them into committing crimes. You should teach your child life skills that can help them access better opportunities to turn their life around.
Communities Should Develop Stronger Connections With The Police
There should also be a strong link between the police and the community. Communities should also work closely with other agencies that focus on the children’s safety, like social workers.
Effects Of Juvenile Delinquency
A child, family, and society can be affected in many ways because of juvenile delinquency. For example, a child in custody faces high recidivism that can make the child end up back there even if released. It will also be challenging for a child to secure employment in the future if convicted and sent to jail after committing a delinquent offense. Prospective employers could view your child negatively based on their criminal record. Juvenile delinquency can significantly affect the child and the entire society.
Trauma To The Family For Having A Delinquent Family Member
The juvenile offender’s family can face trauma if they have a delinquent member. The relatives can feel guilty, ashamed, and embarrassed because they are related to the child. This could happen, particularly if one of the family members is convicted of a crime. It will be hard to deal with these emotions. This can also cause conflicts in the family. Some family members can also be at risk of suffering mental health conditions. These conditions can include anxiety, depression, and posttraumatic stress disorder.
Find An Experienced Juvenile Delinquency Attorney Near Me
The juvenile delinquency court handles cases involving juvenile offenders, those under 18 years old. The juvenile justice system is different from the adult court system because it does not seek to punish but rather to rehabilitate a juvenile offender. The juvenile court can either drop or sustain the petition against the juvenile. If your child faces charges, you should contact an attorney immediately.
An attorney can help you navigate the juvenile delinquency court proceedings and pursue the best results for your child’s case. For dependable representation and guidance, contact the CCLG: Los Angeles Criminal Attorney. Call us at 323-922-3418 to speak to one of our attorneys.
