In juvenile law children or teenager under 18 are usually charged with being a delinquent or engaging in delinquent behavior. The case is brought before a juvenile court judge who sentences the delinquent.
Juvenile court's sole purpose is no longer to rehabilitate; it is to punish young offenders. A minor who is found guilty of committing a crime may be declared a "juvenile delinquent” and the judge then determines what action would be appropriate. The youth may be sent to a reform school or another public institution, placed in a foster home, returned to his or her parents and placed on probation, or sent to the California Youth Authority. If tried as an adult, he or she may face a prison term.
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Juveniles, unlike adults, do not have the right to a trial by jury. If a juvenile is accused of committing a very serious offense, such as murder or rape, the District Attorney, with the judge's permission, may decide to try the offender as an adult and in certain offenses the decision can be made solely by the District Attorney without the judge.
An accusation of a sex crime is taken very seriously by the legal system. The Innocence Legal Team (ILT) has nearly four decades of experience in defending against the false allegations of these crimes. The ILT has the best lawyers in California and a network of experts who can defend your child and to prove his or her innocence.
If you suspect your child may be accused of a serious crime, contact ITL now to avoid undue trauma to your child and your family. If your child has been arrested, you must find out what are the charges and what to do for his or her release.
Detention Hearing
After being charged, a minor is not released on bail but may be released on his own promise to appear. If the juvenile is retained in custody, the juvenile court holds a hearing to determine if the child will be released.
At this first court hearing, the minor is advised of her/her constitutional rights:
- 1) The right against self-incrimination, known as the right to remain silent.
- 2) The right to subpoena witnesses and evidence in the child’s own behalf, and to cross-examine witnesses.
- 3) The right to an attorney.
- 4) The right to a court trial.
The criminal charges against the minor are called allegations and are contained in the petition presented to the judge. At the detention hearing, the child must either deny (plead "not guilty") or admit to (plead "guilty") the allegations of the petition.
Jurisdictional Hearing (Trial)
The ability and experience of your legal team are vital in mounting the most successful defense case possible for your child. The Innocence Legal Team has the best and brightest lawyers in California. Working with their network of experts, they will build a case based on facts in order to create reasonable doubt in the jury’s minds that your child actually committed a crime.
The prosecution’s goal is to prove your child’s guilt beyond a reasonable doubt.
Disposition Hearing
If the allegations of the petition are found to be true (i.e., that you are guilty), the judge can grant probation, give you time in Juvenile Hall, send you to Youth Camp, send you to a Foster Care Home, or send you to the California Youth Authority (Children's Prison).
Juvenile Court was once used exclusively as a means of rehabilitation for minors. Now it is also used as a means of punishment. A juvenile can receive the same maximum sentence as an adult does for a crime but unless tried in an adult court must be released at the age of 25. The only sentences the judge cannot give are the death penalty or life without the possibility of parole.
The disposition hearing is crucial because it can mean the difference between probation or a term in the California Youth Authority. Your defense attorney can present witnesses, evidence and even a "defense probation report" to help protect you.
Remember, even if the battle of a trial is lost, the war can still be won at the disposition (sentencing) hearing. If you are guilty of a crime, the disposition hearing is the entire war. Your attorney must not only be a good trial attorney, but must be expert at persuading the judge to give you a favorable sentence.
Progress Reports
The judge monitors your case at six- month or one-year intervals until you are released from being a ward of the juvenile court.
Probation Violations
If you violate a condition of your probation, the judge can re-sentence you up to the full term in the California Youth Authority. The judge must decide if it has been shown by a preponderance of the evidence that you violated a condition of probation. If you are found in violation of probation, a new detention hearing is held.
Sealing Police Records
For sealing police records, all juvenile records are closed and confidential at the court's discretion. The juvenile court may expunge or destroy the records of a juvenile at any time. However, in many states, the juvenile court is usually required to destroy the juvenile's court records when the juvenile reaches legal age. The importance of destroying the records becomes evident when the juvenile attains legal age because the judgment in juvenile court is wiped away and gives the juvenile a chance at a fresh start.
There are very strict criteria for sealing police records or sealing court records. Many jurisdictions differ in the rules and criteria needed to expunge a felony. This is why it is important to find a criminal defense professional you trust, to walk with you through the judicial steps of expungement. An experienced juvenile defense lawyer can tell you if you are eligible, how long it will take to expunge the record and what it will cost.