Juvenile Crimes
California criminal defense attorney Thomas Wallin handles California Juvenile cases, so if you need a Juvenile Lawyer, call today at 1-866-857-5900.
The California Juvenile court is a separate system for minors (persons under 18 years of age), and hears three distinct types of cases:
First, there are children who have committed an act that, if committed by an adult, would be considered criminal. These children are often called “delinquents” or “602 kids.” The number 602 refers to the Welfare and Institutions Code section that specifically relates to delinquents.
Second, there are children who have committed “status” offenses. These are activities that are only wrong because they are committed by minors; if they were committed by adults, they would not be considered illegal at all. Examples of “status” are truancy, running away from home, violating curfew, or simply being outside of the control of your parents. These kids are also often called "children in need of supervision” or “601 kids.” Again, 601 refers to the Welfare arid Institutions Code section that specifically relates to status offenses.
And finally, there are the children who have been abused, neglected or abandoned. In these circumstances, the court must decide who is going to be responsible for the care of these children. This is done through court hearings which are held to determine questions of dependency. In some cases, temporary custody is taken from the parents, and the children are placed in foster care. Parents are then ordered to get counseling before their children are returned. In other cases, the parents lose their rights entirely and their children are put up for adoption.
In California, there is an exception to the three types of cases described above involving children who are age 14 or older and have committed a very serious crime. Under these circumstances, the court, upon the urging of the district attorney's office, can transfer a child from the juvenile justice system to the adult justice system. When this occurs, a "fitness hearing" under Welfare & Institution code section 707 is held to determine whether the minor is suited for the juvenile justice process or would be more appropriately treated if transferred to the adult court system.
This decision is based on the following criteria:
- the minor's degree of criminal sophistication;
- whether he can be rehabilitated;
- the child's previous delinquent history;
- the success of previous attempts by the juvenile court to rehabilitate the minor; and
- the circumstances and gravity of the offense.
Again, a district attorney will usually only recommend that a child be transferred to the adult courts when the child has allegedly committed an extremely serious offense, such as murder, arson, armed robbery, forcible sex crimes, kidnapping, assault, shooting a firearm into an occupied building, selling or providing certain drugs to other minors, or other aggravated offenses.
If the child remains in the juvenile justice system, he may be kept under the court's jurisdiction until the age of 21 if he was less than 16 when he became a ward of the court. If the child is more than 16 years old when charged with a crime, the child will remain a ward of the court until the age of 25.
When kids are picked up as delinquents or status offenders, police and juvenile probation officers have discretion to release them and send them home to their parents. If children are held by the police or the probation department, California law requires those who are status offenders be held separate and apart from children charged as delinquents or adults who have been arrested.
If a child is taken into custody, he must either be released within 48 hours or have a petition for wardship filed against him. During this time, the parents must be notified about what is going on and/or the intent of the probation department to have their child made a ward of the court. During these proceedings, minors have a right to a lawyer and have most of the procedural rights given to adult defendants. Juvenile defendants in California have no right to a jury trial and no right to bail.
Trials and juvenile court proceedings are called “adjudication” hearings. If a child is found guilty of the crime at an adjudication hearing, a dispositional hearing is scheduled. At the dispositional hearing, the state decides what would be the court's appropriate response, keeping in mind that the overriding aim of the juvenile justice system is to rehabilitate youthful offenders and get them back on the right track.
The court has various options. A judge may place the child on probation, seek restitution, assign the child to community service or place him in a halfway house or foster care. A juvenile offender also may be sent to a training school or a secure facility. (A secure facility is also known as "lock-up," where the juveniles are not allowed the freedom to leave.) Sealing or destroying juvenile records is a complicated process and may not be possible if the child has been convicted of a felony or a misdemeanor involving moral turpitude, or if not enough time has passed since the child's conviction. Usually, records can be sealed after five years from the termination of the juvenile court's jurisdiction or as soon as the juvenile becomes 18. Once sealed, the minor's records may not be opened for inspection unless ordered by the court.
If you find yourself involved in any juvenile court matter call the Law Offices of Thomas Wallin immediately for a free consultation at 1-866-857-5900.
|
