The juvenile delinquency court handles misdemeanor and felony crimes committed by children. It also handles status offenses, such as curfew and truancy violations. The juvenile division supervises both the informal juvenile court and the juvenile delinquency court. The juvenile delinquency court deals with children aged 12 to 17, and in some cases, juveniles below 12 years. A child will require an experienced attorney who understands juvenile delinquency cases to help them navigate the case. First-time offenders or juveniles who have committed minor offenses can benefit from the juvenile informal diversion. If your child is facing juvenile charges, our attorneys at the Pasadena Criminal Attorney can represent them and strive to achieve the best possible outcome.
The California Criminal Law System And Juvenile Delinquency Court
Most people often assume that the juvenile delinquency court is part of the California criminal law system, which is not the case. The juvenile delinquency court is part of the civil law system, which mainly determines the instances. Delinquency proceedings are governed by California Welfare and Institutions Code Section 602. Often, juvenile delinquency trials are referred to as Section 602 trials. Judges preside over charges in juvenile delinquency courts, just as they do in the adult court system. Prosecutors and defense attorneys are usually present in the juvenile delinquency court, but not the juries. All the hearings in the juvenile court are kept confidential.
Former California Governor Jerry Brown signed SB 439 into law on September 30, 2018. Under this law, the juvenile court can only determine a case involving a minor below 12 years if the child has committed severe offenses like:
- Threat of significant bodily injury
- Sexual penetration by force
- Violence
- Oral copulation
- Rape
- Sodomy, and
- Murder
Generally, the law does not permit a child under 12 years of age to be charged in juvenile court.
Understanding The Language In The Juvenile Court
The language used in juvenile court differs from that used in the adult court system. Unlike in the adult court system, a minor is not found guilty or innocent in a juvenile court; instead, they are considered to need supervision. Instead, the judge will sustain the petition against the child if he/she establishes beyond a reasonable doubt that a child committed the underlying offense.
Several sentences are issued in the juvenile court. First-time offenders or children who commit minor offenses are often granted informal probation. The offender does not admit to the accusations of wrongdoing to receive informal probation. The judge will suspend all charges against the child upon completion of the informal probation.
The most serious sentence under the juvenile system is a commitment to the California Youth Authority (CYA). The California Youth Authority today is known as the Division of Juvenile Justice. The California Youth Authority is covered under the California Department of Corrections and Rehabilitation. However, most people still refer to the California Youth Authority when discussing the Division of Juvenile Justice.
The juvenile delinquency court judge can sometimes declare a child a ward of the court. If this happens, the court will assume responsibility for handling and treating the minor. However, the child will still serve probation from home, even if they are a ward of the court. Additionally, the judge may place the minor in a group home, a county probation camp, or foster care in certain situations.
The Purpose Of The Juvenile Court
Unlike the adult court system, whose purpose is to punish offenders, the juvenile delinquency court system focuses on rehabilitating minors. The judge can impose hefty fines or send an adult to jail when he/she violate the law. On the other hand, when a minor violates the law, the judge will likely place the offender on probation or in a juvenile camp to rehabilitate them. Juvenile court systems were created to help minors access education, treatment, and other services, which they require to enable them to go beyond their wrongdoings. This helps young offenders to reunite with their families and transition into responsible citizens.
However, a minor will not escape punishment when they commit a crime, even if the juvenile court system aims to rehabilitate them. The judge can impose sanctions on your child for their wrongful conduct. However, the penalties are not intended for retribution, but rather to rehabilitate your child. The following are some of the penalties your child could face:
- Committing the minor to a ranch, juvenile hall, or camp
- Commitment to the California Youth Authority
- Parole probation conditions
- The judge can order your child to enroll in a victim impact class
- Putting your child in a foster home
- The judge could order your child to engage in community service
- Restitution or paying fines to the victim
Children Charged In The Juvenile Court System
The juvenile court often tries defendants below 18 years but older than 12 years. However, children under 18 years can be charged in adult court in some situations. All children below 18 years are charged in juvenile court according to the California WIC 602. The judge will consider the child’s age while determining whether to try the child in a juvenile court. For example, a case can still be handled in juvenile court if a person commits a crime while under 17 years old, but is not discovered until they are 20 years old.
Your child could be tried under the adult court system if he/she is 16 years or above and commit a section 707(b) offense. The child will be subject to a transfer trial. The court will take into account the following factors when deciding whether to transfer the minor to the adult court:
- The severity and the facts of the crime the child commits
- If the initial efforts to rehabilitate the child were successful
- The child’s past delinquent record
- Whether it is possible to rehabilitate the child before the juvenile court jurisdiction expires
- The level of criminal sophistication the minor exhibits
Your child will not be transferred to the adult court if he/she is below 16 years unless he/she commits an offense under Welfare and Institutions Code 707(b). The following are the offenses listed under this law:
- Kidnapping for sexual assault
- Torture
- Aggravated mayhem
- Carjacking
- Attempted murder
- Kidnapping for ransom
- Rape by force
- Sodomy by force
- Arson on an inhabited house or arson inflicting significant bodily harm
- Robbery, or
- Murder
The prosecutor can use their discretion to ascertain if your child should be subject to a transfer trial. He/she will then have the court determine if a transfer hearing should be effected. The end of the juvenile jurisdiction will happen if your child reaches 21 years. However, this jurisdiction can go up to 25 years if your child commits a 707(b) offense and is committed to the California Youth Authority.
Understanding Informal Diversion
Law enforcement can place a minor in a diversion program immediately after arrest under the Welfare and Institutions Act. The child will attend an informal hearing in a teen court with the victim to settle the matter between them. The juvenile can be subject to informal probation as follows:
Informal Probation Without Wardship
The probation department can offer informal probation under the Welfare and Institutions Act 654. This does not involve a juvenile court or a judge because it is often voluntary. The district attorney does not file a petition in the juvenile court. Your child will stay at home for six months, but on probation.
Informal Probation With Wardship
The juvenile court and judge are involved in this probation, as per Welfare and Institutions Code 654.2. The prosecutor will initiate the process by filing a petition in court, which will permit the child to go on probation for six months before the court determines the outcome of the case. During probation, the minor will engage in a diversion program and will be supervised by the probation department. If your child completes the program without violations, the prosecutor will not file a petition.
Deferred Entry Of Judgement
The child must admit to the charges they are facing during this probation. However, the court will give the minor six months to change the alleged behavior rather than going to a disposition hearing. Your child will be on probation for this period. The judge can extend the rehabilitation period if your child fails to comply with the terms of probation. Your child will not become a ward of the court if the judgment is deferred. The offender will only become a ward of court if he/she violate the set probation requirements.
Wardship Probation
Wardship probation typically occurs after the judge declares the child a ward of the court and the district attorney files a petition in juvenile court. The judge will rule regarding the minor and can place them on probation before the adjudication hearing. Your child will become a court ward for a period that does not exceed six months. The minor must comply with all the probationary terms, including refraining from criminal activities, complying with school attendance, and attending counseling.
Qualifying For The Juvenile Informal Diversion
The juvenile informal diversion program is designed for juvenile offenders before they are required to file a case in court. Law enforcement is not allowed to place minors in custody after an arrest. They must follow the subsequent legal process even if the violation is severe and the police cannot release the child to their parents. The police should forward the minor’s case to the prosecutor. The child is taken to a juvenile hall, where the probation department will take over. An officer will be appointed to investigate the child’s case and make recommendations.
If the investigating officer determines that the violation is less severe and the child agrees to cease engaging in criminal acts, the officer may request that the department release the child to the parents. The officer can recommend placing the child on informal diversion if the violation is severe. Sometimes, the officer can also recommend that the minor’s case be taken to the district attorney for filing. The probation department plays a significant role in the juvenile justice system. It establishes the course the child’s case will take after the arrest.
Most cases that the department forwards to the prosecutor for filing are serious felonies. However, the probation officer will recommend an informal diversion program if your child is a first-time offender with no prior criminal record. This can help the child receive the support and help he/she require to avoid future criminal acts. At this point, the minor will be released and remain under the supervision of the probation officer for six months. The officer will establish probation conditions for the child to follow during the probation period. For example, the officer can order the minor to avoid specific people or places, abide by a curfew, continue schooling, and seek drug or alcohol treatment or counseling.
Usually, not all juvenile arrests result in criminal cases. The probation department often deals with less severe violations. The probation officer will only refer a child offender to the prosecutor if the child does not register a positive change after the diversion program. The prosecutor will then file a case in court against the minor.
Unfortunately, not all minor offenders are eligible for informal diversion programs. A child must meet the required threshold to qualify for the program. The probation officer will take into account the following factors before making a recommendation:
The Child’s Willingness To Change
A minor can only change if he/she is willing to try a positive behavior. The probation department will consider a child’s willingness and attitude toward adjustment when recommending informal probation. A juvenile offender can be placed in a diversion program if he/she sincerely apologize for their behavior and is willing to learn and improve.
An informal diversion enables the probation officer to monitor the child before forwarding their case to juvenile court. This is an opportunity for the child to rehabilitate and begin afresh. Unfortunately, the department might not approve informal probation for some offenders. You should seek the services of a reputable juvenile attorney if your child can benefit from an informal diversion. An attorney will explain the options available and help your child fight for the best outcome.
The Age Of The Child
Minors of all ages can be held accountable for committing offenses. This is why the probation department often takes into account the child’s age when recommending the action to be taken after the arrest. The department also considers the child’s maturity to ascertain if the child will benefit from informal probation. A child offender can benefit from informal diversion if they are still young and are a first-time offender. The minor will require your support and love to comply with the probation conditions and change their behavior.
Informal diversion is also an ideal course of action because it will not result in a criminal record for the child. A criminal record can have a profound impact on a child's future. The prosecutor will not file a petition in court if a child performs well during probation. If this happens, the case will end as if the arrest never occurred.
The Child’s Home Environment
The probation officer will assess the child’s home environment to determine if the child can make progressive behavioral changes while remaining at home. The child can serve the informal probation at home. The probation department will seek an alternative solution for a child if the home environment is deemed inadvisable. It will also look for an option if the home environment is likely to make the child continue engaging in criminal activities.
The Child’s History Of Delinquency
The law is strict on habitual offenders. Your child can receive lenient treatment if he/she is a first-time offender and show remorse and willingness to change their behavior. However, it will be challenging to persuade the probation department if your child has a record of delinquent behavior. The aim is to address the underlying problems and rehabilitate the minor. If your child repeatedly commits a crime, they will face punishment, not rehabilitation. The probation department will be hesitant to place a child in informal diversion if they are a repeat offender. The minor can also be denied this chance if he/she has not benefited from the past treatment and rehabilitation.
If The Case Can Be Settled Outside The Court
A first-time juvenile offender can easily commit another crime if action is not taken to help them address the underlying problems. A juvenile offender can live a crime-free future by receiving counseling, treatment, and support to improve. This is why the probation department gives a chance to address issues, which can be settled outside the court. The probation department can put your child on informal diversion if:
- He/she shows remorse.
- Can reconcile with the victim, or
- Willing to work on changing the wrongful behavior
Severity Of The Underlying Violation
The probation department will also consider the details of the offense your child is suspected of committing. The juvenile justice system handles cases involving minor violations and infractions. As a result, many juvenile offenders are eligible to participate in informal diversion. However, sometimes a child commits a severe felony. At this point, the probation department will forward the case to the prosecutor for filing. Some offenses are too severe to be addressed by a juvenile court judge. This is why sometimes juveniles are adjudicated in adult courts. If the details of the minor’s case meet the criteria for juvenile informal diversion, the probation officer will recommend it in their report.
Informal Diversion After Petition Filing
In most situations, the probation department can recommend informal probation after forwarding the case to the prosecutor. At this point, the judge will make the final ruling after evaluating the child’s case and the issues reported by the probation department. The judge will consider the following factors to determine if your child should be put on informal probation:
The Conditions Of Juvenile Informal Diversion
All probationers have conditions that they must follow. Juvenile informal diversions also have similar requirements designed according to the specific needs of a child. The probation department will create these conditions after evaluating your child’s case and the record of delinquency. You have a duty to ensure your child completes the diversion program. This can be achieved by ensuring the minor complies with all set conditions. The following are the conditions a minor can receive when being placed on informal diversion:
- The probation officer can order the child to stay away from certain people or places if they believe those individuals or locations influence the child’s criminal behavior.
- The minor can be ordered to receive alcohol or drug treatment if the probation officer feels that the child committed the offense because of alcohol or drug issues. The child must stop alcohol or drug use throughout the probation period.
- The child must participate in the counseling programs established by the probation officer. Counseling will help the child learn from their mistakes and do better moving forward.
The probation officer will forward the case to the prosecutor if the minor fails the program and violates the set conditions. Sometimes, the officer can also recommend continuing the child’s case if the offender performs poorly in the diversion program. This is why you must work closely with your child and probation officer for the success of your probation.
The Child’s Future Well-Being
The judge will also consider the possibility that the child may benefit from the program. It would not serve the court's interest to subject the minor to all juvenile court procedures if the minor has an opportunity for rehabilitation through informal diversion.
Case Circumstances
The judge should consider the circumstances under which the child allegedly committed the offense. The judge can place the child on informal diversion if there is a chance that the child will benefit from probation before the case is heard and determined.
Find a Reputable Juvenile Attorney Near Me
When law enforcement officers arrest a juvenile offender for committing an offense, they can either release the offender or present them to the juvenile hall, where a probation officer takes over the case. For severe crimes, a petition can be filed against the minor. The child can be sentenced to formal probation or, in some cases, tried as an adult and even face jail time.
However, the situation is different for first-time offenders or juveniles who have committed minor offenses. A juvenile informal diversion allows juvenile offenders to change their behavior and avoid the criminal consequences of their actions. The juvenile diversion program is complex, and you must be familiar with the legal procedures to assist your child in the event of an arrest. This is where an attorney comes in.
At the Pasadena Criminal Attorney, we have experienced attorneys who can effectively handle your child’s case and advocate for the best possible outcome. Contact us at 626-689-2277 to talk to one of our attorneys.
