California Juvenile law overview

If you are under 18 years of age and are facing a criminal charge, your case will likely be held in juvenile court. Our criminal system separates the adult cases from juvenile cases. Juvenile courts deal with two types of offenses. Juvenile delinquency cases deal with minors accused of committing acts that are considered crimes whether the acts were committed by a minor or adult. Juvenile status offenses are acts done by minors that are normally considered legal for adults, but it is considered to be illegal if done by a minor.

When a minor is arrested, he or she must be brought to court within 48 hours of their arrest and be advised of the charges against them. When a minor is facing a criminal charge in juvenile court, the minor is not entitled to a jury trial. The judge decides whether the minor is guilty or not guilty at the end of the trial. The prosecution must still prove that the minor is guilty beyond a reasonable doubt in order to obtain a conviction. Unfortunately, bail is not available in juvenile cases. At the first court hearing, called the detention hearing, the judge will determine whether the minor can be released to his or her parents pending the outcome of the case or whether the minor will be detained in juvenile hall. It is important that the minor has a lawyer at the outset of his case, so the lawyer can prepare for the detention hearing and try to convince the court that the minor will not be a risk to the community if his or her parents are allowed to supervise him under strict conditions.

When a juvenile over age 14 is accused of certain serious crimes, the prosecution may decide to try the minor as an “adult.” When a minor is facing such a charge, it is critical that they retain the services of an experienced juvenile criminal defense attorney. In a case where a juvenile is tried as an adult, the minor can face “adult consequences” if he or she is found guilty. This may mean that the minor may be imprisoned for a long period of time in custody.

If a minor is found guilty at a juvenile court trial, he or she faces a number of consequences. For less serious offenses, sentencing could include probation, restitution to victims, community service, a halfway house or custody time. For more serious offenses, minors could be sent to training school or a secure facility (“lock-up”). After release, a minor may be able to seal or destroy a juvenile record, depending on the crime and the length of time since the minor left the court system.

If you or a loved one is facing a charge in juvenile court, it is important that you obtain an experienced juvenile crimes defense lawyer as soon as possible. At Wallin & Klarich, our attorneys have over 30 years in handling juvenile court matters. We will go through your case in detail and will always keep you informed. Our attorneys understand the different approach it takes to be successful in juvenile court. We will fight to get you the best possible result in your case. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.