|
If your child is accused of a crime in California, the
juvenile court is the system where a judge or commissioner
hears the evidence and decides on whether or not to return
the child with probation –
or, remand the child to the
juvenile system.
Juvenile Justice System
Following the arrest of a child, if the offender is placed
in juvenile hall, the county probation department and/or the district attorney
can choose to file a "petition" with the juvenile court, which is similar
to filing charges in adult court. If the crime is serious enough, the district
attorney may request that the juvenile be "remanded" to adult court
because the juvenile is "unfit" to
be adjudicated as a juvenile – and will be tried as an adult, but those cases
are rare.
Most of the time, a petition is
filed by the probation department with the court alleging certain crimes by minors
who have engaged in delinquent behavior. The case is brought before a juvenile
court judge who hears the evidence, considers the testimony and decides if the
allegations are true. Trial or negotiation is a very important aspect of representing
a minor child. If the court finds some or all of the allegations in a petition
to be true, then (in some cases) moves to the disposition of a minor child.
This is when the court decides what sentence is appropriate for the child. Returning
the child home is always a potential outcome, which is what we strive for at
the Law Offices of Johnson and Johnson. We know that your child should be home
where he or she can have the best support and direction possible. Getting to
know your child and your family is important. Educating the court on what your
family is about is relevant, and is a key factor for the court to hear when a
decision is made about your child.
Juveniles do not have the same rights as adults. 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.
Helping a minor who is charged with
a crime requires specialized experience in order to protect
that person from the overwhelming power of the government.
In Juvenile Court, children are not convicted of a crime,
they are "adjudicated", since the purpose is to
rehabilitate (change the behavior) -- not incarcerate (punish
the offender). When a child is adjudicated of a crime, that
child’s future is in serious jeopardy. Most children do not
fully understand the consequences of their actions and seldom
deserve tough sentences. However, many Juvenile court judges
take a “tough on crime” stance, and order the child taken
away until age 18, and occasionally, for much longer. It
is not unusual for sentencing to include group counseling,
detention in a juvenile facility such as a boot camp/ranch,
juvenile hall, or California Youth Authority (CYA) facility.
These frightening outcomes, in addition to the complex laws
involved with juvenile offenses, require having an experienced
juvenile attorney fight for your child -- and attempt to
have those allegations dropped or reduced.
The costs of having your child go through the juvenile justice
system are enormous, and can affect your entire family including:
- parents and juvenile offenders are
liable for court costs and fines
- parents and juvenile offenders
are liable for victim restitution
- parents will be served with a
civil notice by the district attorney's office for child
support, if the child is sent to juevnile hall or a CYA
ranch
If your
child has been charged with a felony or a misdemeanor,
it is STRONGLY RECOMMMENDED THAT YOU HIRE an experienced
juvenile defense attorney. Call
the Law
Offices of Johnson & Johnson today for a free
consultation at (925) 952-8900.
|
