When a child commits a crime in California, the police or the probation department can dismiss the case and send them back home, or the case can be heard and determined in juvenile court. The outcome of a juvenile case depends on the nature of the crime and the evidence against the juvenile. When a court sustains a juvenile petition, it means that it has found the minor culpable of the charges against them. The court then determines the appropriate disposition for the minor based on their age and needs.
If the court has sustained your child’s juvenile petition in Los Angeles, let us help you at CCLG: Los Angeles Criminal Attorney. We will ensure that you understand what to expect. We will also fight alongside your child so that their best interests are considered during the disposition hearing.
An Overview of the Juvenile Delinquency Process in California
Unfortunately, children, too, engage in crime, just like adults. However, children are treated differently from adults when they commit a crime. The law is generally lenient on minors and only takes action that is geared towards treatment, rehabilitation, and behavioral change for juvenile delinquents. Typically, criminal cases involving minors are heard and determined in a juvenile court. A judge hears and determines the appropriate treatment for the child, based on their age, home circumstances, and the nature of the crime. Although some minors are prosecuted as adults in adult criminal courts, most minors, especially the young ones, go through the juvenile delinquency process.
This process handles all crimes committed by minors or individuals under 18. Once you reach 18, you become an adult and can be tried as an adult for criminal involvement. Generally, the adult criminal justice system focuses on punishment, while the juvenile justice system focuses on treatment and rehabilitation. It gives minors a chance to correct their behavior or address an underlying issue to lead a crime-free adult life. In this case, the process differs significantly from that for an adult committing a crime. Familiarizing yourself with these processes helps when your child is arrested.
Here are the primary stages in the California juvenile justice system:
The Arrest
When a child commits a crime, they are arrested, just like an adult. However, the police determine the next course of action after establishing their age. If the crime is minor, the arresting officer may dismiss the case with a warning against similar actions. However, if the crime is severe, the police will refer the minor to the probation department.
The Probation Intake
If the arresting officer determines that further investigation is needed, they may detain the minor in a juvenile hall. The probation department takes over the matter. They will investigate the case to determine its nature and the minor’s involvement in the crime. Again, if the case is minor, the probation department may decide to release the juvenile to the parents, with a stern warning against further criminal activity. However, if the case is severe and there is sufficient evidence against the juvenile, the probation department will make an appropriate recommendation to the juvenile court.
The recommendation, in this case, would be to either file a petition against the minor in juvenile court or place them on informal probation. If the latter is more appropriate, the probation department will assess the child’s needs and make appropriate recommendations for informal probation. The minor could be released to the parents and required to undergo treatment, counseling, or other forms of rehabilitation to address the behavior.
If the probation department recommends filing a petition against the minor, the prosecutor and judge will take up the matter. The judge will conduct a hearing to determine the case and hear the evidence against the minor. After that, they may dismiss or sustain the juvenile petition. If the judge dismisses the petition, the minor is released back to their parents. However, a sustained juvenile petition means that the minor’s case will proceed to disposition or sentencing, during which a judge determines the appropriate treatment for the minor’s needs and age.
The Detention Hearing
This process occurs before adjudication. It happens right after the probation department makes recommendations following an investigation of a case against a minor. If the probation department recommends filing a petition against the minor, the court must first determine whether the minor should be released to their parents or detained pending the court’s determination.
As a parent, all these processes can be very confusing, especially if this is your first time experiencing them. However, you can have an attorney present for you and your child. The attorney will ensure you understand the processes and what to expect. They will also advocate for your child’s needs to ensure that their best interests are considered in all decisions.
What To Expect in an Adjudication Hearing
An adjudication hearing is a formal court process, like a bench trial without a jury. In juvenile cases, a judge hears testimonies and reviews evidence to make the final decision regarding a minor’s case. It is usually a formal fact-finding hearing to determine what happened and the appropriate course of action against a juvenile offender.
There is usually no jury in the adjudication hearing. The judge is usually the supreme figure in the court. The judge directs the proceeding and gives the final recommendation. However, the judge’s decision is mainly influenced by the prosecutor, probation department, and defense attorney.
The prosecutor must prove the case with evidence from the judge to sustain the juvenile’s petition. If not, the judge will dismiss the case and order the minor to be released to their parents. The prosecutor can call in witnesses to strengthen their case. The defense attorney can cross-examine the witnesses and present their evidence to counter the allegations.
If the judge finds the juvenile delinquent, they will schedule a disposition hearing to determine the best treatment or rehabilitation for the minor. Your child’s defense attorney can dispute the final results and even file an appeal if you are not satisfied with the outcome.
Generally, juvenile cases are highly confidential and closed to the public. This protects the minor from public humiliation and the stigma of facing a criminal trial, which may affect their life for years.
It is vital for a parent and the minor to understand their rights in this process and other processes within the juvenile court to protect themselves. You can hire an attorney for yourself and your child to provide guidance, advice, and to defend your rights. Some of the rights your child enjoys include the following:
- The right to an attorney. If you cannot afford a private attorney, the court can appoint a public defender for your child.
- The right to defend themselves against their charges. They can table evidence through the attorney, present a compelling statement, or bring witnesses to court.
- Your child can also subpoena a witness who refuses to testify in their favor.
- They have the right to protect themselves against self-incrimination under the 5th amendment. This means they can remain quiet and not answer any questions from the police, probation officer, prosecutor, or judge that could worsen their legal situation.
Note: Technically, the adjudication hearing must happen within thirty days of the prosecutor filing a petition against your child. The judge can extend this timeline if there is probable cause, or your child waives the time, or consents to a delay.
The Consequences of a Sustained Juvenile Petition
Remember that the judge will likely sustain your child’s juvenile petition if there is sufficient evidence that the minor was involved in a crime. In this case, the judge sustains the petition to determine suitable rehabilitation or treatment for the minor to change behavior and attitude, resulting in a crime-free adult life. In this case, the judge will hold a disposition hearing to determine the disciplinary measure that will benefit the child. The objective in this case is to ensure that a child leads a responsible, productive adulthood.
Generally, the judge will consider the following factors:
- The age of the juvenile
- Their juvenile record
- The seriousness of the underlying matter
However, before determining the appropriate disposition, the juvenile must admit to the wrongdoing and demonstrate a willingness to undergo rehabilitation or treatment to change behavior and attitude. Also, the probation department will be tasked to determine the child’s needs before the disposition hearing. An officer will evaluate the child’s needs and recommend the kind of disposition that will benefit them the most.
Additionally, the judge can order a psychological evaluation of the child to determine whether they have an underlying mental condition. This evaluation is critical as it ensures fairness, especially during the disposition hearing.
Some of the actions the judge may consider include the following:
Case Dismissal
According to the WIC 782, the judge can dismiss your child’s petition or set their jurisdictional findings aside if this serves the child’s welfare or the interests of justice. The judge can take this action if it is established that the minor no longer needs rehabilitation or the petition is no longer justified. The judge has absolute discretion in making this decision. They have the authority to dismiss all or part of the petition if there is a valid reason to do so.
In most cases, judges consider this action to prevent injustice from continuing in a minor’s case. If your child no longer needs rehabilitation or treatment, recommending it does not serve their best interests.
The judge can also take this action to strike out some counts and not the entire petition, mainly for offenses not listed under WIC 707(b). This way, the juvenile court maintains its focus on treatment and rehabilitation, as well as the welfare of juveniles.
Additionally, dismissing the case ensures that a child remains connected to their family and community, mainly if this connection serves their best interests.
Informal Probation
The judge, upon the probation department’s recommendation, can order the minor to informal probation. Under WIC 725(a), informal probation is a pre-disposition option for juvenile offenders who are not yet the wards of the court. It allows a juvenile to avoid a formal delinquency record, provided they perform well during probation.
The judge can order your child to serve a six-month supervised probation under a probation officer. The judge will also set conditions by which the child must abide, including counseling, mandatory school attendance, and a strict curfew. If they complete six months of probation, the judge will dismiss the case against them.
However, the child remains under the custody of the parents. They are not declared wards of the court, so the court does not take responsibility for them. The child must adhere to all conditions set by the court, including paying restitution for the damages they caused their victims. If they fail to abide by the set conditions, the judge can initiate a formal proceeding against them, which could result in the court taking charge of the child’s matters.
However, this option is mainly available for first-time, low-level juvenile offenders.
Formal Probation
The judge can order formal probation for your child, whereby they will be under the supervision of a probation officer. This is an excellent alternative to detention because it allows the child to satisfy the conditions of their probation while attending school and doing the things they love. However, the strict probation conditions the judge orders will limit their freedom and interactions with specific people.
Formal probation is basically supervised. The probation department will appoint an officer to take charge of your child’s case. The office will ensure the child abides by all their probation conditions. The officer will also submit reports to the court regarding the child’s progress. In turn, the child remains with their parents and within their community.
Some of the conditions the judge may impose for formal probation include regular meetings with the probation officer, mandatory school attendance, strict adherence to a curfew, community service, and restitution to victims of the crime. The probation officer’s supervision can be standard or intense, depending on the severity of your child’s case. In some cases, the judge may order an electronic monitoring device to ensure that the child remains where they are supposed to be.
Generally, formal probation lasts up to one year, depending on the treatment and rehabilitation the juvenile needs. If the child fails to comply with the conditions, the judge will hold a probation violation hearing, which could result in more stringent conditions or detention in a juvenile camp.
Commitment to a Treatment Facility
This disposition is mainly used as a last resort. In this case, the judge orders a juvenile offender to be detained in a treatment facility for treatment and rehabilitation. The minor continues to receive education while in the treatment facility, and can receive visitors from time to time. However, this disposition is mainly for older youths who have committed more severe crimes. The judge will consider the age of your child, development, and the severity of the offense to determine whether this disposition will serve their interests.
The primary purpose of committing a juvenile offender is to provide structured rehabilitation or treatment for an underlying condition. Treatment in these facilities is usually tailored to a child’s needs, such as mental health, substance abuse, or anger management. The detention is generally for a minimum of six months, until the juvenile turns twenty-one. Your child can be placed in a secured facility if they are a high-risk offender, or a low-level non-secure residential treatment facility like a group home.
However, commitment to a youth treatment facility is mainly for children who commit crimes listed under WIC 707(b). These are serious felonies like murder, kidnapping, rape, assault with a gun, or carjacking. The minor must have been at least 14 years old when they committed the offense. Additionally, they must be made a ward of the court, meaning that the court will take full responsibility for their needs. The judge must consider other factors, for example, if an alternative, less-restrictive disposition has failed to deliver the desired outcome for the minor. A child’s prior history of delinquency also influences the judge’s decision.
Deferred Entry of Judgement
According to WIC 790, the judge can allow a first-time, non-violent felony offender aged 14 or older to avoid a formal conviction by completing probation. However, the juvenile must first admit to the charges and be willing to undergo treatment or rehabilitation. Once they complete probation, which typically lasts between one and three years, the judge can dismiss their case and seal their juvenile records. Failing to comply with the set conditions could result in the minor being made a ward of the court, and their case proceeding to disposition.
Deferred entry of judgment is generally offered to juvenile offenders who are at least 14 years old. They must also be charged with a non-violent felony, not a crime listed under WIC 707(b). Also, they must not have previously been declared a ward of the court because of another felony. If your child meets the criteria, they must plead guilty to the charges they face. However, this does not result in a conviction or being declared a ward of the court.
The judge will set conditions by which they must abide, including mandatory school attendance, community service, counseling, drug treatment, and a strict curfew. If the minor abides by the conditions and completes the program for 12 to 36 months, the judge will dismiss all charges against them. If not, the judge will make the minor a ward of the court and continue the case from where they left off.
This disposition is very beneficial in that it protects your child from having a damaging criminal record. Remember that the judge permanently seals all their juvenile records once they complete the program as ordered. This way, your child will experience minimal difficulties finding employment or accessing education and other critical services. They are also protected from the stigma of having a damaging juvenile record.
How an Attorney Can Help
Having an attorney by your side when navigating legal processes, whether in a juvenile or adult court, is highly beneficial. An attorney ensures you understand your child’s legal situation from the start, so you are prepared for what comes next. They will explain the legal implications of your child’s case, the court processes, and the possible outcome of every process. They will discuss your child’s interests and represent your child in all hearings for the best possible outcome.
If your child is facing serious felony charges, such as those listed under WIC 707(b), an attorney can fight to have their case heard and determined in juvenile court rather than adult court. This ensures that the outcome, however stringent, serves your child’s best interests.
Your attorney can fight detention to ensure that your child serves probation from home. If the home conditions are conducive for the juvenile, and you are willing and able to support them in their treatment or rehabilitation, your attorney will fight their detention.
If the judge’s final ruling is not fair or favorable to your child, your attorney can appeal the case for a more favorable result.
They will also help with the sealing of your child’s juvenile records after the disposition. This protects the child’s future. The attorney will prepare and file a petition on time before the child’s juvenile record affects their future.
Find Competent Legal Services Near Me
The arrest of a child is the most challenging matter to experience as a parent or guardian. It becomes more difficult when a court sustains a juvenile petition against them. However, all is not lost because there are favorable dispositions in Los Angeles that could serve your child’s best interests. A skilled attorney can help you explore those options and fight in court to ensure that they are considered during the disposition hearing.
We always consider a child’s best interests at CCLG: Los Angeles Criminal Attorney. We will seek to identify what those are in your child’s case so we can fight for the most favorable result. Call us at 323-922-3418 to discuss this further.
