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Juvenile Delinquency: When Your
Child is Arrested or Detained
As a parent, you want to vigorously
defend your child's rights when he or she is accused of a
juvenile crime. Go to court with an experienced juvenile
delinquency lawyer at your side, and together we will defend
the rights of your child. Our tenacious defense and compassionate
service will combine to ensure that your child's record and
rights are protected.
If your child has been arrested,
the first thing you need to do is find out why he or she
was taken into custody and what needs to happen for the
child to be released. An interview with a probation officer
will happen immediately. This meeting (usually done by
phone) is critical.
Following the arrest of a juvenile, a law enforcement
officer has the discretion to release the juvenile to his
or her parents, or take the child to juvenile hall. The
county probation department (the agency responsible for the
juvenile hall), has the discretion to accept and "book" the
child or not – in which case, the disposition of the juvenile
is left to the police. Because most of California's juvenile
facilities are overcrowded, juvenile halls may accept only
the most violent juveniles – and turn away most other children
arrested on lesser crimes.
Juvenile offenders face many possibilities,
including juvenile corrections, detention and probation.
Don't let your child face these consequences alone. Under
California Penal Code §26, children
under the age of 14 are not recognized as having the ability
to "commit" a
crime, so their cases are treated differently by
the juvenile courts. But, the child will still be subject
to the Juvenile court, and can either be given probation,
a light sentence, or the harshest penalty: removal from
the family to a Juvenile Hall or Ranch.
It is critical that you have an experienced
juvenile law attorney at your side to advocate for the rights
of your child, the best interest of your child, and the compassion
to argue to get your child home or keep him or her out of
custody. Your child has the right to a lawyer before being
questioned – and to protect his or her rights.
Although most
juveniles can be arrested for committing crimes similar to
adults, the penalties and laws for handling juvenile crimes
are different than (adult) criminal court. The two most significant
differences between juvenile and adult courts are:
- children
arrested for a crime under the age of 18 cannot be “released”
on bail, and,
- Juvenile court hearings are heard
by a judge or commissioner; children have no right to a
jury trial.
Juveniles can be arrested for either
felonies or misdemeanors, depending on the type of crime.
For crimes involving violence, crime at school, sexual
assault, gang activity or use of weapons, a juvenile can
be charged as an adult (if over the age of 14 in California)
and be tried in adult court with adult penalties.
If your child has been detained or accused
of a crime -- but hasn’t been charged yet, you
need IMMEDIATE representation for that child. In
some cases, we may be able to prevent formal charges from
being filed, or work to find a less harsh alternative.
Call the Law
Offices of Johnson & Johnson today for a free
consultation at (925) 952-8900.
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