If a child is accused of committing a crime, they will likely face severe consequences for their behavior, just like adult offenders. But the law is generally more lenient on children than adults. A child’s case will go through the juvenile system, through which a judge will hear their case and analyze any evidence against them to determine what will happen to the young offender. Once the police arrest your child for wrongdoing, the legal process they must go through is mainly based on the gravity of the offense they commit. Some offenders go through the juvenile court, while others are placed on juvenile informal diversion.

However, not all children who face an arrest in Fresno qualify for juvenile informal diversion. In some cases, you have to fight to have your loved one placed on an informal diversion program to avoid the lengthy court process and a possible criminal record. A skilled criminal defense attorney can help you with that. We can also streamline your legal process, advise you on your rights, protect your child’s rights, and discuss your options at California Criminal Lawyer Group. With our help and support, you can make sound decisions that will result in the best possible result for your child’s case.

The Juvenile Justice System

A child committing an offense could face serious consequences like adult offenders. However, the law is typically more lenient on children than adult offenders. A child offender’s case is handled in the juvenile system, and if they are guilty, the disposition they receive is mainly geared towards treatment and rehabilitation. Children sometimes do not have to undergo several court processes after the arrest. The prosecutor can recommend juvenile informal diversion, sending them back to their parents and undergoing treatment and/or rehabilitation for a particular period. If the child registers excellent results after the diversion, the prosecutor does not pursue the case through the juvenile court.

Remember that minors commit all manner of crimes, from minor infractions to severe felonies. The people involved, including the police, probation department, and prosecutor, determine what will happen to the minor.

For example, your child can go through juvenile informal diversion, a form of informal probation. In this case, the prosecutor does not file a petition against them in a juvenile court. It is a beautiful opportunity for your child, allowing them to receive treatment and rehabilitation from home. The child also does not have to worry about a trial or the consequences of having a criminal record.

The juvenile justice system handles all criminal cases that have to do with minors. Once an individual reaches the age of 18, they can face trial as an adult in a criminal court. While the juvenile system ensures that young offenders are held accountable for their criminal acts, it also allows them to turn back from crime for a crime-free adult life. Hence, the system recommends treatment and rehabilitation. The judge, prosecutor, probation department, and everyone involved consider juvenile offenders' needs to determine what happens to them.

When a minor commits a severe felony like rape or murder, the prosecutor must take a more stern approach to their case to ensure the juvenile is completely rehabilitated. That minimizes their chances of reoffending in the future. A more stern approach could involve a rigorous legal process and several hearings in a juvenile court. The judge considers the minor’s actions, their history of delinquency, and current needs to determine the best approach to rehabilitating them. In some cases, a more stern approach could entail detention in the division of juvenile justice or trying the minor as an adult in a criminal court.

But a different approach could be ideal for a minor facing less serious offense charges. A juvenile informal diversion could help the minors correct their behavior as they continue their daily lives. If the approach works and the juvenile is completely rehabilitated, the prosecutor does not pursue the matter further in a juvenile court. Hence, the child is not exposed to the harsh legal process and does not end up with a damaging criminal record that could impact their future.

Types of Probation for Juvenile Offenders in California

Probation is very common in the juvenile and criminal justice systems. Judges use a more lenient approach in cases where imprisonment is unnecessary, but the offender needs to take responsibility for their actions. Probation for juvenile offenders means that your child will serve their disposition from home, under your supervision, and with your support. However, the judge sets strict probation conditions for the minor to adhere to throughout the probation period.

For example, the judge could order that your child continue attending school without fail, undergo treatment or rehabilitation, and comply with a curfew.

The Welfare and Institutions Code provides a list of probations that juvenile offenders can be granted in place of detention. The most common of these include:

Informal Diversion

When the police arrest a child for breaking the law, they can decide to take action instead of referring the child’s case to the prosecutor for filing. For example, an officer can place the juvenile offender in an informal diversion program for treatment and rehabilitation. Juvenile informal diversion is under the Welfare and Institutions Act 626(b). The offender must first undergo a teen court hearing to reconcile with the alleged victim. Then, they can be on probation for a particular period.

Informal Probation

According to WIC 654, the probation department can place minors on probation after receiving them and their case from the arresting officer. When the probation department takes over the matter, they only involve the prosecutor or the court in cases where the probation does not yield the expected results. A probation officer will oversee the matter by advising and supervising the minor to ensure they achieve the desired outcome. The minor will remain home throughout the probation period and must abide by some probation conditions the probation officer will set according to their needs and case details.

If your child is placed on informal probation, they could remain under the probation department’s supervision for one year.

Deferred Entry of Judgement

In this type of probation, the minor must first admit wrongdoing for the juvenile court to defer their judgment and allow them to undergo treatment and rehabilitation. This probation is usually given to minors who commit less severe offenses, including misdemeanors. Even after admitting their mistakes before a judge, the judge does not pursue the matter but allows them time to change their behavior and attitude. Suppose the minor does not register the expected change after the probation period. In that case, the judge can continue their case and give a disposition they deem necessary according to the underlying charge. But if the minor registers a positive change in behavior and attitude, the judge can dismiss their case altogether.

A juvenile offender can be on this kind of probation for about six months. The court places them under the instruction and supervision of the probation department. The judge can extend your loved one’s probation if they fail to perform well within the given period. Note that the juvenile is usually not a ward of the court at the time unless they violate the probation.

Wardship Probation

This type of probation is given once the court declares a juvenile offender a court ward. It also happens after the prosecutor brings a petition against the offender in juvenile court. The court takes over the minor's supervision, provision, and guidance throughout the probation period. The minor can be on wardship probation for about six months. They must follow the strict probation conditions given by the court. These conditions could include mandatory counseling and treatment, school attendance, and refraining from crime.

The Juvenile Informal Diversion

The police arrest everyone who breaks the law, whether an adult or a child. What happens after the arrest depends on the suspected offender's age, case details, and criminal history. When the police arrest a minor, they must handle the matter differently from how they handle adult offenders. The arresting officer must consider the details of the crime to decide what to do next after arresting a child. Sometimes, the officer can release the child with a stern warning against reoffending. But if the matter is severe, the officer can refer the minor to the probation department.

When an adult is arrested, the process includes booking and detention before their first arraignment in court. Since the police cannot detain a child in jail, they refer them to a juvenile hall, from where the probation department takes over the matter. An officer is assigned to the minor’s case to investigate and write a report on the right course of action. If the officer does not find compelling evidence that the minor committed the crime, they can release the child to their parents with a stern warning against wrongdoing. If there is evidence of wrongdoing and the alleged crime is an infraction or misdemeanor, the probation department can place the minor on probation.

In most cases, the probation department places minors on an informal diversion program if the child is suspected of committing a less severe offense. In cases of a more severe offense, the probation department must refer the matter to the prosecutor for filing. The probation department is very crucial in juvenile delinquency cases. Probation officers are involved in juvenile offender’s cases throughout the court process. Judges also consider their observations and investigations to decide the kind of disposition to give juvenile offenders.

Cases that prosecutors file petitions for are severe crimes, including violent felonies. If your loved one is a first-time offender and is only facing charges for a misdemeanor, the probation department can consider juvenile informal diversion for them. The informal diversion is like informal probation, whereby the juvenile is placed on probation before a petition against them is filed in court. While on probation, the minor will be under the supervision of a probation officer for six months.

Typically, most criminal cases involving juveniles do not result in criminal cases. Remember that the juvenile system is geared towards treatment and rehabilitation, not punishment. If the probation department feels that the minor can reform without necessarily going through a court process, it will place the minor on probation. If the minor displays a changed behavior and attitude after the diversion program, the prosecutor will not need to file a petition against them.

However, the decision to place a juvenile offender on an informal diversion program is not usually automatic. The probation department has to consider several factors to ensure that the minors’ and the community’s interests are served. Here are some of the crucial factors that inform the department’s decision:

How Severe the Offense Is

Remember that criminal cases involving minors are treated differently in the juvenile system according to the nature and gravity of the crime committed. Even though crimes that go through this system are only those committed by minors, they differ in degree of sophistication. Some crimes must go through a judge in a juvenile court. Others must be handled in a criminal justice system, while others can be dropped before a petition is filed in court. Crimes that qualify a minor for juvenile informal diversion are less severe.

The probation department will consider how severe the offense is and if the matter can be resolved out of court. Some cases do not require a judge’s intervention to resolve. These are the cases the probation will handle by ensuring the minor changes their behavior and attitude through an informal diversion program.

The Minor’s Criminal History

The probation department must also consider past cases of delinquency involving the minor to decide whether or not to place them on probation. Some minors are chronic delinquents. These need a more stern approach to rehabilitate and treat the underlying issues that cause them to offend. If your child is only a first-time offender, they could qualify for informal diversion. The probation department will address problems that caused the minor to offend to minimize their likelihood of reoffending in the future.

If the department feels the minor can reoffend while on probation, they will forward the matter to the prosecutor for filing. That allows the juvenile court to determine the best disposition to prevent the minor from reoffending.

The Child’s Home Environment

When placing a juvenile offender on informal diversion, the department must consider their home environment. Remember that the minor will serve home probation with their parents and siblings. In that case, the home environment must be conducive and encourage the minor to achieve positive results, according to the diversion program they are in.

If the department finds, through a prior investigation, that the home environment will not enable the minor to achieve positive results, it will reconsider its decision.

For example, if you (the parent) are not supportive and are unwilling to help your child achieve better results with treatment and rehabilitation, the department will take a different approach. For example, it can forward the matter to the juvenile court for the judge to make the juvenile a ward. Then, the court can take over all decisions and responsibilities regarding the minor.

The Minor’s Age and Capability

The probation department does not quickly decide to place a juvenile offender on informal diversion. They must study the minor, their behavior and attitude, and home and school environments. A deep investigation into the minor’s life helps the department decide to serve the minor’s best interests.

Age is a crucial factor when the department makes the final decision. A younger juvenile offender will likely perform well on informal probation with the proper support. They can follow instructions, adhere to the set probation conditions, and be willing to work with the department for positive results. The department is likely to place a younger offender on informal diversion than an older one.

Also, the minor must portray a capability to transform so that the department can consider informal diversion. For example, they must show remorse and a positive attitude to enter a program that will improve them. If the department feels your child will not benefit from a diversion program, it will reconsider its decision. The alternative could be to refer the matter to the prosecutor for filing.

Typically, the probation department must observe a juvenile offender before placing them on probation and handing over their case to the prosecution department. If your loved one is facing criminal charges, it is advisable to consult with an experienced criminal attorney right after their arrest. Your attorney will study your child’s case to advise on your options. They could also work with the probation department to make the best possible decision for your child.

The Terms and Conditions of Informal Juvenile Diversion

If your child qualifies for informal diversion, they could avoid the juvenile court process and a possible criminal history. No one will even know about the arrest and their charges. However, they must perform well in the diversion program the probation department will place them on for the prosecutor to drop the matter altogether. Performing well means completing the diversion program and abiding by all the probation department's conditions according to the underlying case. You have to ensure that your child goes through the diversion program successfully.

Here are some of the probation terms and conditions the department could set for your loved one:

Mandatory Counseling

The department could require the minor to undergo individual or group counseling as recommended. Remember that the diversion program aims to treat and rehabilitate the offender even without necessarily taking the matter to trial. Counseling is a great way to ensure that the minor realizes their shortcomings and makes new goals to make better decisions in the future.

Drug or Alcohol Treatment

If the minor has a drug or alcohol problem, the department could order them to undergo treatment and rehabilitation within the probation period. The department will recommend the most suitable drug or alcohol treatment program according to the minor’s needs.

Mandatory School Attendance

Your child will be required to attend school without fail. If they had initially dropped out of school, you would be required to enroll them back and ensure they do not skip school at any given time. Any reported truancy case could result in the termination of the informal diversion. When that happens, the probation department will refer your child’s case to the prosecutor for filing.

Other Restrictions

The minor will be subject to other restrictions the probation department deems fit for their case. For example, they could be required to abide by a curfew. The department could also order them not to visit certain places or associate with others if doing so would compromise their rehabilitation effort.

Your child must participate in the diversion program the probation department will place them into. Remember that this could be an excellent way for them to avoid going through the court process that could result in a criminal record. The diversion program will also give them a chance to reconsider their behavior and attitude for better decision-making in the future.  If the minor completes the recommended program, the probation department will drop the matter, and the prosecutor will not file a petition against them in court.

However, they must appear before a judge to answer their charges if they violate probation. The prosecutor will file a petition against them within ninety days of the violation. If the judge sustains their petition and chooses a disposition, your child will have a criminal record that could continue to impact their life for years.

Find a Competent Criminal Defense Lawyer Near Me

If your child is facing criminal charges in Fresno, you should seek advice and guidance from a skilled criminal attorney. Your attorney will ensure you understand your child’s options and possible outcomes if the case goes through all court processes.

We handle all kinds of juvenile cases at California Criminal Lawyer Group. Thus, we can fight with you for an informal diversion if your child faces a misdemeanor charge. That way, they can receive the help and support they need without going through the complex legal process. Call us at 559-712-8377 to learn more about juvenile informal diversion programs and how they can benefit your loved one.