Riverside Juvenile Criminal Defense Attorney
Experiencing arrest as an adult is incredibly traumatic. For minors, it can be an even more devastating situation. Although the goal of the juvenile delinquency system is to rehabilitate adolescents rather than punish them, committing them to a detention facility can have the opposite effect as they spend extended amounts of time with other young offenders. In addition, burdening a juvenile with a criminal record before they reach adulthood can have significant, long-term consequences on their health and well-being that reach far beyond the sentencing imposed by the court.
If your child has received criminal charges, you may feel helpless, hopeless, and overwhelmed for the reasons listed above. Thankfully, many options exist within the juvenile delinquency court system beyond confinement in a detention center. Learn more about these options below, then contact The Law Offices of Kathleen G. Alvarado to discuss the specifics of your child’s criminal defense case.
Understanding California Juvenile Delinquency Court
The juvenile delinquency court in California handles juvenile misdemeanor and felony charges for violating criminal law, as well as “status offenses” like curfew violations, runaways, truancy, and incorrigibility. Incorrigibility denotes the tendency to repeatedly engage in disobedient, disruptive, and dangerous actions that violate legal commands and is a contributing factor to many juvenile offenses. The Juvenile Division of the Los Angeles Superior Court has jurisdiction over children aged 12 to 17 and children under the age of 12 who have committed especially severe or violent crimes.
In contrast with the adult criminal law system, which focuses on securing convictions, the juvenile court pursues a philosophy of rehabilitation rather than punishment. Further, juvenile court shares similarities with the civil law system in that the judge’s goal is simply to adjudicate cases. The judge still hears a juvenile’s case and makes the formal decision whether the offender is guilty of the charged crime beyond a reasonable doubt. Rather than labeling juveniles as “guilty,” however, the judge “sustains the petition” filed with the court by the district attorney. Often referred to as Section 602 proceedings, the proceedings within this court are typically confidential and do not involve juries.
Several dispositions, or sentences, are available in juvenile court, ranging from informal probation to commitment to the Division of Juvenile Justice within the California Department of Corrections and Rehabilitation. Prosecutors typically try to avoid pressing charges against juveniles and instead attempt to divert them to community programs that provide the education, treatment, and social services they need. The overall purpose of the juvenile court system is to give offenders effective strategies for rehabilitation so they can reunite with their loved ones and move forward to become productive members of society.
Understanding California Juvenile Delinquency Court
The juvenile delinquency court in California handles juvenile misdemeanor and felony charges for violating criminal law, as well as “status offenses” like curfew violations, runaways, truancy, and incorrigibility. Incorrigibility denotes the tendency to repeatedly engage in disobedient, disruptive, and dangerous actions that violate legal commands and is a contributing factor to many juvenile offenses. The Juvenile Division of the Los Angeles Superior Court has jurisdiction over children aged 12 to 17 and children under the age of 12 who have committed especially severe or violent crimes.
In contrast with the adult criminal law system, which focuses on securing convictions, the juvenile court pursues a philosophy of rehabilitation rather than punishment. Further, juvenile court shares similarities with the civil law system in that the judge’s goal is simply to adjudicate cases. The judge still hears a juvenile’s case and makes the formal decision whether the offender is guilty of the charged crime beyond a reasonable doubt. Rather than labeling juveniles as “guilty,” however, the judge “sustains the petition” filed with the court by the district attorney. Often referred to as Section 602 proceedings, the proceedings within this court are typically confidential and do not involve juries.
Several dispositions, or sentences, are available in juvenile court, ranging from informal probation to commitment to the Division of Juvenile Justice within the California Department of Corrections and Rehabilitation. Prosecutors typically try to avoid pressing charges against juveniles and instead attempt to divert them to community programs that provide the education, treatment, and social services they need. The overall purpose of the juvenile court system is to give offenders effective strategies for rehabilitation so they can reunite with their loved ones and move forward to become productive members of society.
Juvenile Court vs. Adult Court
Juveniles under 18 years of age are usually tried in the juvenile court system, but under some circumstances, they may be tried in adult court. When a juvenile between the ages of 16 and 18 has committed an offense known as a Section 707(b) offense, the judge can request a transfer into the adult court system. The Welfare and Institutions (W&I) Code 707(b) specifies 30 crimes severe enough for an adult trial. Most of these offenses are violent crimes such as assault, rape, torture, voluntary manslaughter, murder, or other crimes committed with the intent to cause serious bodily harm to another individual.
The judge will take numerous factors into account when making this decision, including:
- The juvenile’s prior delinquent history
- The level of criminal sophistication the individual exhibits
- The gravity of the alleged offense and the specific circumstances surrounding it
- The effectiveness of previous rehabilitation attempts
- The likelihood of success in rehabilitation before reaching adulthood
A Review of the Juvenile Court Process
The juvenile court process in California begins with the juvenile’s arrest and continues with one of three approaches:
- Handling the offense within the police department, where authorities offer counseling before releasing the juvenile without criminal charges
- Referring the juvenile to county probation departments for subsequent processing
- Turning the case over to a different agency
When a juvenile’s case is referred to a probation department for review, officials term the case a juvenile referral. Referrals can come from schools, public or private agencies, parents, other individuals, but the majority come from law enforcement officers. After the case reaches the probation department, it will conduct a comprehensive investigation to make the following decisions:
- Whether the juvenile should face continued detainment or release
- Whether the case should be transferred to a different county or closed
- Whether the juvenile should receive informal probation
- Whether the probation department should file a petition with the juvenile delinquency court
The probation department can handle the juvenile’s case informally within their organization or move the case forward for formal review by the juvenile court. A case that proceeds to the court involves the district attorney filing a petition to initiate legal action. The court will file new petitions for juveniles not currently under supervision by the county probation department, usually first-time offenders. Subsequent petitions exist to classify juveniles already under supervision that have reoffended.
After the petition is filed, the process advances with several hearings described below.
- Detention hearing for juveniles in police custody
- Arraignment for juveniles not in police custody
- Transfer hearing for juveniles who commit 707(b) offenses
- Jurisdiction hearing or a civil trial
- Disposition hearing where the judge determines sentencing
Each hearing features its own specific timelines and procedures, and hearings can be re-addressed if errors occur. The Riverside juvenile attorney representing the juvenile can seek a resolution at any stage by proceeding to a disposition hearing.
A Review of the Juvenile Court Process
The juvenile court process in California begins with the juvenile’s arrest and continues with one of three approaches:
- Handling the offense within the police department, where authorities offer counseling before releasing the juvenile without criminal charges
- Referring the juvenile to county probation departments for subsequent processing
- Turning the case over to a different agency
When a juvenile’s case is referred to a probation department for review, officials term the case a juvenile referral. Referrals can come from schools, public or private agencies, parents, other individuals, but the majority come from law enforcement officers. After the case reaches the probation department, it will conduct a comprehensive investigation to make the following decisions:
- Whether the juvenile should face continued detainment or release
- Whether the case should be transferred to a different county or closed
- Whether the juvenile should receive informal probation
- Whether the probation department should file a petition with the juvenile delinquency court
The probation department can handle the juvenile’s case informally within their organization or move the case forward for formal review by the juvenile court. A case that proceeds to the court involves the district attorney filing a petition to initiate legal action. The court will file new petitions for juveniles not currently under supervision by the county probation department, usually first-time offenders. Subsequent petitions exist to classify juveniles already under supervision that have reoffended.
After the petition is filed, the process advances with several hearings described below.
- Detention hearing for juveniles in police custody
- Arraignment for juveniles not in police custody
- Transfer hearing for juveniles who commit 707(b) offenses
- Jurisdiction hearing or a civil trial
- Disposition hearing where the judge determines sentencing
Each hearing features its own specific timelines and procedures, and hearings can be re-addressed if errors occur. The Riverside juvenile attorney representing the juvenile can seek a resolution at any stage by proceeding to a disposition hearing.
Sentencing Options in Juvenile Court
There are several sentencing options available to minors within the juvenile delinquency court system. Sentences, termed dispositions within the juvenile system, may include the following:
- Case diversion. Under W&I Code 654, the criminal defense attorney can request the case’s diversion to the probation department before the district attorney files the petition. The probation officer assigned to the juvenile offender will develop a rehabilitation plan that features education and counseling, lasting for a maximum of six months. If the juvenile fails to display signs of rehabilitation after the conclusion of this plan, the probation officer can introduce a formal petition with the juvenile delinquency court.
- Informal probation. Under W&I Section 725, the district attorney files the petition but places it on hold to offer the juvenile a second chance. With informal probation, the juvenile does not admit guilt to the charged offense, and the courts will dismiss the petition if the juvenile fulfills all conditions of the six-month probation. These conditions include warrantless searches of the juvenile’s person and locations under their control, curfew requirements, mandatory school attendance, and counseling for the juvenile and their parents. Depending on the circumstances of the offense, random alcohol or drug testing and financial restitution may be additional conditions of probation.
- Deferred entry of judgment. Under W&I Code 790, the juvenile admits guilt to the offense charged in the petition but will have the charges dismissed after successfully completing a deferred entry of judgment (DEJ) program. This sentencing option is available for juveniles with first-time felonies that are not Section 707(b) offenses and lasts between one and three years. Following completion of the program, the court seals the records and will treat the arrest as if it never occurred.
- Formal probation. A judge can classify a juvenile offender as a “ward of the state,” meaning the juvenile delinquency court assumes primary responsibility for the juvenile’s control and treatment. Upon this action, the juvenile can receive sentencing of probation at home or assignment to “suitable placement” in a relative’s home, foster care, a group home, or probation camp. Probation camps are ideal for juveniles who require more structure, offering dormitory-based living quarters in which participants follow a daily schedule of education and treatment. The judge can order juveniles to attend the camp for a period ranging from three to twelve months.
- Commitment to the Division of Juvenile Justice. Aside from transfer to the adult prison system, the harshest sentencing option a juvenile can experience is commitment to the Division of Juvenile Justice, formerly known as the California Youth Authority. The only juveniles who receive this disposition are those with a 707(b) adjudication or charges requiring them to register as a sex offender.
CONTACT US NOW TO RECEIVE EXPERT LEGAL ASSISTANCE
If your child has received criminal charges, contact The Law Offices of Kathleen G. Alvarado immediately to secure legal defense representation. Your child is facing an extremely isolating and traumatizing experience and requires legal assistance during this challenging time. Our expert team of Riverside juvenile lawyers has over four decades of experience helping young offenders navigate the juvenile delinquency system for the best possible results in their case. We understand that adolescents make mistakes and believe they should experience a range of legal options so they can enter adulthood without a criminal record and all the consequences it brings.
We provide one-on-one consultations to determine your child’s needs, offer dedicated, compassionate services to aggressively advocate for your child’s rights, and develop a practical strategy to help keep them out of the juvenile justice system. To contact our team of Riverside juvenile attorneys, submit the contact form on our website detailing the circumstances of your child’s case.
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