Each year, many minors are charged with offenses such as driving under the influence, theft, burglary, and underage drinking. Although juvenile offenders are charged in a court of law, their prosecution differs from adult offenders. The main goal of the juvenile justice system is rehabilitation. Juvenile probation is one of the rehabilitative methods used to train, treat, and educate California’s juvenile offenders.

If your loved one is arrested for an offense in Fresno, you should seek the services of a lawyer who is well-versed in juvenile probation and California criminal law. Our goal at California Criminal Lawyer Group goes beyond settling the case in as little time as possible. We devote our time, effort, and attention to making sure our legal representation meets your demands and expectations.

Understanding California’s Juvenile Probation

Children make mistakes all the time. Unfortunately, the consequences of certain mistakes can be so severe that they risk facing legal charges. One consequence of these charges could include the minor being placed on probation.

Probation for juvenile offenders serves a different purpose than it does for adult offenders. Adults are sentenced to probation and have limited freedom to prevent them from committing another offense. However, juvenile probation limits the child’s freedom while providing them with specialized services tailored to their needs and the alleged offense. This helps to achieve the rehabilitation goal.

Types of Juvenile Probation

According to the Welfare and Institutions laws, juvenile offenders can be sentenced to various types of probation. These include the following:

Informal Diversion

Police officers can refer minors to informal diversion programs in accordance with The Welfare and Institutions Code (WIC) 626b. The court takes no action because no charges have been brought. The law enforcement department in charge of the case could request that the minor show up before the teen court or that the child and the alleged victim resolve their issue outside of court.

Non-Wardship Informal Probation

This program falls under the jurisdiction of the probation department under WIC 654. There is no requirement for reporting to juvenile court or for legal action. It is also known as voluntary probation.

The probation period lasts for 6 months. If your minor has never been placed on probation under WIC 654 and commits a felony crime, they could be eligible for the diversion program.

Informal Probation Under WIC 654.2

In contrast to WIC 654, the court administers this type of probation following the filing of an official petition by the prosecutor. Instead of being sentenced, the petition is placed on hold for 6 months while the minor participates in a diversion program. The juvenile should finish the program so that the criminal charges can be dropped or sentencing can take place.

Wardship Probation

The Welfare and Institutions Code 602 will apply when the juvenile court finds that the minor violated the law and places them on formal probation. The minor remains under the court’s supervision as a ward until they turn 21 years old. If a juvenile is handed over to the Division of Juvenile Justice (DJJ), the court will oversee their case until they reach the age of twenty-four.

Wardship Probation Under WIC 725b

Here, the minor is placed under the court’s supervision. Probation usually lasts no more than six months, during which time the minor should abide by all the rules.

Deferred Entry of Judgment

Even if your child pleads guilty to committing a misdemeanor crime, the court can sentence them to six months of probation. If your child does not follow the rules, the court could opt to extend the probationary period. Your child will not be made a ward of the court unless he or she fails to follow the terms of their probation.

WIC 727

The minor is considered a ward, subject to the court’s jurisdiction, and a lawbreaker under this section of the law. The minor should follow all rules imposed by the court, which oversees their supervision.

Deferred Entry of Judgment Probation

If a juvenile perpetrates a non-serious California felony, the judge will sentence them to probation and defer their entry of judgment.

The following are some of the conditions applied to such cases:

  • The hearing takes place when the minor is over the age of fourteen.
  • The child has never been declared a ward due to a criminal conviction.
  • The alleged crime is not a WIC 707b offense.
  • Your child has not been sent to the Department of Juvenile Justice.
  • The minor qualifies for juvenile probation under Penal Code 1203.6.
  • The minor’s probation has never been terminated in any previous case.
  • Under PC 289, the juvenile’s actions that prevented the alleged victim from resisting did not involve rape, sodomy, oral copulation, or a sexual penetration act because:
    • They were inebriated or rendered unconscious by controlled drugs.
    • The victim’s developmental, mental, or physical disability prevented them from giving consent, and the juvenile knew or should have known while committing the offense.
    .

Probation Officer

When a minor is sentenced to probation, the magistrate designates a probation officer to supervise and ensure the child follows the probation conditions and terms. As the juvenile’s parent or guardian, you should also notify the officer of any violations your minor has committed. It is your responsibility to work with the probation officer to ensure your minor abides by the conditions of their probation.

Most juvenile offenders who undergo sentencing in juvenile detention facilities are placed on probation. This implies that probation officers participate in various juvenile case stages. California courts rely heavily on the probation department’s evaluation and recommendations for programs and other dispositions.

Below is an overview of the various roles that probation officers play at different stages:

During a Minor’s Arrest

Once a minor is arrested, the arresting officer will transport them to the juvenile detention center, where a probation officer will interview them. The probation officer can take the following actions:

  • Keep your minor in their facility while the judge determines, within 48 hours, whether or not the juvenile needs to stay in custody. Note that weekends are not taken into account.
  • Send your minor home or to another appropriate location with a scheduled court date.
  • Without filing a petition, the probation officer will send the minor home as part of a diversion program. The case is between the family, the child, and the officer.

There are limitations on using solitary confinement for juveniles as per Senate Bill 190, which went into effect on January 1, 2018. A minor cannot be held in a detention center longer than 4 hours unless an emergency arises.

Additionally, law enforcement should start with less restrictive measures unless doing so puts police officers or other juvenile offenders in danger. If your child’s mental or physical well-being is at risk, solitary confinement cannot be used. Note that the amendments to this law do not cover minors in court-holding facilities or adult facilities.

During Adjudication

A probation officer can give recommendations based on whether:

  1. The Department of Probation needs to file an adjudication petition.
  2. The minor can face legal proceedings in California’s juvenile court or be transferred to the adult justice system.

The probation department could consider the following factors before it decides whether to file for other offenses:

  • The attitudes of your child and family.
  • If threats or acts of violence against another person were a part of the crime’s commission.
  • If your minor faces significant challenges in the community, school, or family.
  • A disposition is preferred if the alleged offense is not clearly defined and if it is proven.
  • Your minor’s age, abilities, and maturity level.

During the Disposition Stage

Your child will be assigned a probation officer once found guilty and placed on probation. It could be an officer who handled the initial assessment and recommended filing the petition.

If your minor is placed on formal probation, they should regularly meet with the assigned officer. It could be conducted weekly, biweekly, monthly, or on any other schedule set up by the probation officer. If the juvenile is under informal probation, the probation officer might contact the minor or meet with you or the minor periodically.

Officers are responsible for monitoring the minors, ensuring they comply with the probation terms, and attending all court-ordered programs.

When a minor is placed on juvenile probation, the court or probation department will impose certain conditions mainly based on the following:

  1. The nature of the offense.
  2. Your minor’s history in the family and community.
  3. Your minor’s criminal history.

The following are some of the conditions that could be imposed:

  • Attending school without an excused absence or truancy.
  • Participation in drug or alcohol rehabilitation programs, anger management classes, or any other program that the probation officer deems appropriate.
  • Adhering to curfew regulations from 10:00 pm to 6:00 am unless accompanied by an adult guardian, parent, or custodian.
  • Consenting to random drug and alcohol testing.
  • Removing graffiti.
  • Making compensation to the authorities or the victim for property damage.
  • Being subject to electronic monitoring and movement restrictions.
  • Prohibited from interacting with specific individuals, like members of a gang.
  • Avoiding contact with the purported victim.

Drug Testing

A minor will be required to provide urine samples for drug testing throughout the probation period, as directed by the probation officer. Among the most commonly tested substances are cocaine, ecstasy, angel dust, lysergic acid diethylamide, methamphetamine, and heroin. This testing helps identify the substances or drugs the minor prefers to abuse, ensuring they are flagged for examination.

A drug expert can give information on the substances the minor consumed. They use indicators like:

  • Changes in the eyes, such as light sensitivity, dilation, or constriction.
  • Coordination test performance.
  • Injection sites or needle marks.
  • Movements that demonstrate muscle inflexibility.

The probation officer can conduct a drug test if one or more of these symptoms are noted.

What To Expect When Your Minor Violates Their Probation Terms

Probation terms are court orders that require juveniles to do or not do something throughout the probation period. Non-compliance to the terms could lead to their detention.

During the juvenile’s Section 777 hearing, the prosecution is supposed to prove any violation using the evidence presented. At times, the judge could give a minor a break. In certain situations, the court could also impose more severe conditions.

Your child could be declared the court’s ward if they fail to comply with the probation terms.

Ward of the Court

The term ward of the court refers to the juvenile court having jurisdiction and control over a minor like a parent would. It is referred to as wardship probation when administered under WIC 725.

The court’s declaration of wardship is likely to result in the following:

  • Placement under supervised or unsupervised probation while the parent still has custody of their minor.
  • The court could restrict the parent’s or guardian’s control.
  • The court can order that the minor be removed from their guardian’s care.

Non-wardship probation refers to the situation in which a minor is placed on juvenile probation under WIC 725 without being made a ward of the court.

Placement in a Juvenile Detention Hall

A judge can place a minor in a juvenile detention hall once they are declared a court’s ward. Additionally, the juvenile court can detain and send your child to a juvenile facility if they determine the following:

  • You have not provided the necessary care and education.
  • The welfare of the minor warrants their removal.
  • The juvenile has not changed since their previous probation period while under your care.

Non-wardship probation does not require juvenile detention placement.

Tips to Win a Probation Revocation Hearing

If a minor fails to comply with any of the rules of their probation, they will be summoned to a court hearing before a judge and their probation officer. However, you can win your court hearing by hiring a competent defense attorney.

During the hearing, the lawyer could help you dismiss the probation violation by providing mitigating evidence to limit the consequences for violating your probation. Your defense attorney can help you avoid additional legal trouble using these strategies:

Prove That You Did Not Violate Any Terms and Conditions of Their Probation

During the court hearing, the prosecutor will need to prove that you violated the conditions of your probation so that more terms will be imposed on your probation.

If your attorney can demonstrate that the juvenile probation department is misinformed and that you did not violate any conditions, then the probation sentence will be upheld, and no additional legal consequences will be imposed.

Resolve Any Violation That Can Be Fixed

Some cases of probation violations can be easily fixed. For example, if one term of your probation was to compensate the victim for their losses, you could devise a way to pay them. Resolving a child’s probation violation involves complying with the terms a judge previously directed you to complete during probation.

Address Your Failures

Unfortunately, you cannot correct every probation violation. If a minor tests positive for heroin during their random urine testing, they cannot go back and change the results. If this is the case, you should encourage the juvenile to voluntarily participate in a drug and alcohol rehabilitation program and drug testing. Despite their mistakes, the juvenile court can give the child time to prove their commitment to improving their lives.

Have a Positive Impact on Society

The court could issue its verdict by determining whether the community would be better off without the child. It could also be more forgiving if your minor actively participates in the community through going to school, finding employment, or volunteering.

Find Mentors

Having a trusted community member testify on behalf of your child greatly improves their chances of success at the hearing. It could be an entrepreneur, a religious leader, or a non-profit organization owner. Allow your minor to associate with these individuals. You can also encourage your minor to be a responsible community member.

Can a Minor’s Record Be Sealed or Dismissed Once They Have Finished Their Probation Term?

Yes, it can. This applies even if a minor is not declared a court’s ward. Once your child’s term of probation ends, the juvenile court will dismiss their case and seal all records related to the crime.

When the California Juvenile Court decides to seal a child’s record, it indicates that the file is closed and its contents are no longer accessible to the public. They are not public records, and government entities such as law enforcement, probation, the Department of Justice, and juvenile court cannot obtain them.

When the court drops the case, all case proceedings, including the minor’s arrest, are deemed to have not happened. There are more advantages to sealing a criminal record, such as:

  1. Your minor’s sealed record cannot be used as grounds for discrimination by potential employers.
  2. Your child feels at ease knowing they have an opportunity to begin life with a clean slate. Also, their childhood failures will not affect their future.

Juvenile courts cannot automatically expunge a record if the offender committed any of the following Section 707b offenses while at least 14 years old:

  • Robbery.
  • Murder.
  • Using threats of physical harm, violence, or coercion to commit rape.
  • Sodomy accompanied by threats of serious bodily harm, duress, aggression, force, or menace.
  • Kidnapping to commit a robbery.
  • Kidnapping causes physical harm.
  • Attempted murder.
  • Assault using physical force that could cause serious harm to the victim.
  • Voluntary manslaughter.
  • Aggravated mayhem.
  • Torture.

Constitutional Rights During Probation Hearings

The consequences of a probation violation can be severe. Therefore, your child should learn about their legal rights. Some of these rights are:

Right to Legal Counsel

A juvenile has the right to an attorney during any court proceedings, as stated in the Sixth Amendment of the US Constitution. Also, the authorities should assign a public defender at no expense to those who cannot afford one.

An attorney’s involvement should not be underestimated. After all, it is difficult to put a price on a child’s freedom, life, and future. Although a lawyer’s specific duty can vary based on the type of offense, a skilled attorney will often perform the following important roles:

  1. Inform the minor of their constitutional rights and what he or she can expect from the hearing.
  2. Ensure that your minor’s rights are not violated throughout the hearing.
  3. Reviewing the facts and evidence submitted and questioning witnesses.

Other rights are:

  • The right to back up the minor’s case with witnesses and evidence.
  • The juvenile has the right to have their case heard by an impartial court.
  • Your minor should be notified of their probation violation in writing.

FAQs about Juvenile Probation

The following are some of the most commonly asked questions about juvenile probation.

How Much Time Will a Child Spend On Probation?

The amount of time a juvenile will spend on probation is determined by some circumstances, such as:

  • The nature of the purported crime.
  • Compliance and progression of the minor.
  • The amount of time they can spend in custody for their offense.

Will a Minor be Referred for Services If They are Considered High Risk?

Once a minor has been sent to the California probation department, the assigned probation officer will work with the minor’s parent or guardian. This allows both parties to create a plan of action that addresses the contributing factors and actions that led to the minor’s involvement in the juvenile delinquency system. Referrals for services such as family therapy, community service, follow-up, mental health assessments, drug and alcohol abuse counseling, and academic tutoring could form part of the case plan.

What are a Minor’s Financial Responsibilities During Probation?

A minor should pay the court’s fines, costs, and restitution for any damages caused.

What Should You Bring To Your Minor’s Initial Juvenile Probation Appointment?

You should have the juvenile package you received in the juvenile court. Also, carry your child’s birth certificate and social security card.

What Happens After Your Child Is Placed on Probation?

You should contact your local probation department or Juvenile Services office. If your minor is on probation for the first time, they should finish their orientation and assessment. In addition, the probation officer could meet with you to discuss your child’s progress and make routine home or school visits.

Contact a Fresno Criminal Defense Attorney Near Me

The California juvenile justice system can be complicated and confusing to navigate. However, the counsel and guidance of an experienced attorney are critical in achieving a successful case resolution. Our attorneys at the California Criminal Lawyer Group in Fresno have extensive knowledge about the complexities of juvenile probation. Call us today at 559-712-8377 to help you navigate California’s juvenile court system.