It can be challenging to know what to do when your child is facing arrest on charges of juvenile delinquency. Many parents struggle to come to terms with the events that follow the detention of their children and race to find a way to fix the problem. However, this confusion and uncertainty can be avoided by seeking the advice of an experienced criminal defense lawyer with expertise in these matters. With their guidance, you'll learn more about your legal options as a parent of a child in custody, increasing your chances of providing effective support to your child.
If you need a criminal defense attorney in Fresno who is conversant with the juvenile court system, you can consult the California Criminal Lawyer Group. We have assisted many parents in understanding what they are entitled to throughout their child's legal proceedings. This has helped protect their children from unjust juvenile delinquency hearings and outcomes, providing them with a greater chance of being reintegrated into society.
Understanding Parental Rights in California Juvenile Delinquency Cases
During a juvenile delinquency proceeding, the law grants different constitutional rights to different categories of people. As a result, you will be granted certain constitutional rights as a juvenile's parent to make sure you are aware of the specifics of their case. As the child's parent, you automatically receive certain rights after your child's arrest.
However, the judge in these cases has some leeway in deciding whether or not these protections apply in a given instance. If that's not the case, the court will consider several factors to determine whether or not you're entitled to the rights as parents.
Overall, hiring a defense lawyer is crucial since they will advise you on all important matters and provide you the opportunity to take part in the child's case. Knowing your rights as a parent also teaches you how much influence you have over the legal procedure up to a certain point.
This difference is essential because it enables the legal counsel representing the child and the whole juvenile court system to carry out their respective tasks.
The following are examples of parental rights to which you're entitled in juvenile cases:
The Right to Know Your Child's Constitutional Rights
You are entitled to the right to be informed of your child's rights when they are detained and charged with a crime. These rights include:
- The right to silence before consulting a lawyer.
- Right to consult an attorney.
- Right to have a public defender assigned if financially unable to hire one.
- They have the right to cross-examine any witnesses who will be testifying against them.
- Right to bring the evidence.
- Right to appeal.
Knowing what the child's rights are in juvenile proceedings can help to guarantee that those rights are upheld and that they receive fair justice.
Right to Retain Legal Counsel for Your Child
Anyone who's been charged with committing an offense in California possesses the right to retain legal counsel. To have your child accused of a crime and then found guilty of that crime could be devastating.
You want the best possible outcome for your children no matter what because you're a parent. As a guardian, parent, or relative, you're entitled to the constitutional right to retain legal representation to defend your loved one once they are taken into custody by the police.
Your child's lawyer will work to minimize or get the charges withdrawn altogether. If you are unable to pay for one, they have the constitutional right to have one assigned to guide them through the court proceedings.
The Right to be Informed If Your Child Has Been Taken Into Custody
The legislation stipulates that you must be informed right away if your kid is detained by the police and sent to the probation officer. Additionally, if the minor is taken into custody and there's no way for you to be reached, the probationary officer must make sure that your child contacts you within one hour of being brought into custody.
The probationary officer commits a misdemeanor if they fail to comply with this requirement. Consequently, you will be able to speak with a lawyer about your child's case as quickly as possible.
The Right to Be Present in Court for Your Child's Hearing
Certain persons have the right to attend a juvenile court proceeding. These people include the child, their parents, their legal counsel, a probationary officer, a social worker, the prosecutor, and anyone else who has the right to get notification of the child's hearing. Therefore, an officer could be charged with committing a crime when they refuse to let you attend your child's court hearing during any stage of the legal procedure.
The Right to Have Your Child's Court Information Kept Confidential
Once your child has been charged, their records could be made available to the general public as well. You possess the legal right to request that the child's information be kept confidential. The reason for this is that if your child's criminal history is available publicly, they could feel unworthy of reintegrating into society.
Once a child realizes that their criminal history has been made public, they are at an increased risk of suffering from emotional trauma. To protect your child's psychological and emotional well-being, you can request the judge to keep their records confidential.
The Right to Look Into Your Child's Records
Your legal rights persist even when they have been taken into custody for criminal activity. If your child is arrested, you're entitled to the legal right to be informed of what they are being accused of as well as what charges are pending.
When you arrive at the station where they are held, the officer who made the arrest is obligated to provide you access to the child's file so that you can learn more about the charges against your child. An attorney can represent you in court if you feel your rights have been violated by the authorities responsible for taking care of your child.
Rights to visitation
If a juvenile is arrested for a crime, he or she could be sent to a juvenile detention center, a juvenile camp, a foster home, or a correctional facility. Even if the child has committed a serious crime and has been placed far away from where you live, you've got the legal right to visitation. Visitation is permissible so long as it doesn't harm the kid. You have a variety of options for visitation, including physically visiting the child. You have the right to call the facility where the child is being held to inquire about their progress.
The probationary officer needs to provide you with the appropriate contacts so that you may communicate with them. It's difficult and distressing to see your child taken away from you.
Emergency Removal Rights
In some circumstances, your child could be put in alternative care, such as a foster home. You may have become aware that the child is either being neglected or mistreated. You are entitled to request that your child be taken out of the home. You will have a right in this situation if:
- You become aware that the individual in charge of your child's care is not giving them the required attention.
- The new home does not provide your child with proper shelter, food, clothes, or medical attention.
- If the child is going through a lot of emotional distress.
- There is an indication of abuse in their new home.
Since a probation officer constantly searches for a spot where there's full accountability, situations like the ones described above are quite uncommon. However, if you observe any of the aforementioned events, you've got the legal right to submit a petition.
Right to Make a Medical Decision
Even if your child has been taken out of your custody, you may still decide what medical care they receive. You have the right to be notified before a doctor attends to your child if they develop any medical illness or health concern.
In California, a parent is allowed to make healthcare choices depending on his/her religious beliefs. Certain circumstances restrict your ability to affect medical choices. The court could override your wishes and force your kid to receive medical care if, for instance, they have been diagnosed with a mental disease.
If the court determines that your child's disease will ultimately result in death, for instance, it has the authority to override your constitutional rights. Officers will seek prompt medical attention to save your child's life. You are not permitted to file a petition to have your rights denied under the situations described above.
Right to Make Reunification Plans
Your child will eventually complete their sentence and return home. As a result, it is your responsibility to make arrangements for your eventual reunification with your kid.
The visiting program is one way to proceed. Maintaining close communication with children will pave the way for them to reintegrate into the family and society. This is because you will be keeping a close eye on your child and will be there to help them when they start acting up. Another approach to pave the path for a successful reunion is to comply fully with all court instructions.
You are also going to get along well with your kid if you follow the court's instructions, and once the sentence has been served, the court won't have any problems allowing your child to return home.
Legal Right to Have Your Child's Files Sealed
Once your child turns 18 years old, their file can be destroyed. As a result, you can take action to get your child's file sealed and avoid any potential problems in the future. This is because these records can affect the minor's life by making it difficult for them to obtain necessary services. Your child could find it hard to land a permanent job if they have a criminal record. It could become difficult to find a primary residence, among other things. This is also because they'll be required to share the information with the employer as well as the landlords.
Once the file has been sealed, only authorized individuals will be able to view its contents, and the child is not obligated to share the information with anybody.
The Right to Make Decisions Regarding Their Education
You possess the legal right to choose where your children will go to school even if they ended up in foster homes or another school that the probation officer determined would be best for them. Your child may continue to attend their previous school and can't be transferred at any time without your consent.
The only responsibility of those who have custody of your child is to make sure that they are safe, comfortable, and successful in their studies. The child has the same rights as other kids, including the right to:
- Having a secure school placement.
- Attend class with little or no interference.
- Access to educational materials.
- Enroll at a school with their peers.
- Enroll at the old school while maintaining the current residence.
Your child's custodian is responsible for getting them to and from school each day. You may choose how the child will travel to school as well. You have the right to determine whether they should take the bus, a personal car (provided you are paying), or another form of transportation that you consider to be secure.
The Right to Bring Your Child Home After Fulfilling Certain Conditions
After all the paperwork is completed and the juvenile is arraigned in court for the first time, you will be able to take him or her home. In the meantime, the minor can carry on with their studies and regular activities as they wait for the court's instructions. Most children function better when they can return home following an arrest rather than being placed in a new environment where they may feel overwhelmed.
However, before approving the release of the minor, the juvenile court will verify several requirements that must be met for you to be able to take the child home. These factors must be taken into account to ensure the child's best interests are served by releasing them. The judge could reject your claim after careful deliberation if:
Your Child Ignored Orders to Attend Juvenile Court
Anyone who is detained, even a minor, momentarily loses their freedom. Therefore, it is essential to comply with court orders so that they can go back home before the start of the formal trial. Therefore, the likelihood of your youngster receiving a release order decreases if they disobey a court hearing order.
The judge dismisses the release request since your child's actions may reflect poorly on your parenting skills. In particular, the judge could find fault with you for neglecting to stay abreast with your child's court proceedings, which indicates that freeing them could make the matter much more difficult.
The juvenile court judge could also choose to withhold their release as a form of punishment, particularly if the juvenile has ignored previous court attendance requirements. However, you could help explain the child's release by presenting strong arguments. For instance, they should stay at home if they have a life-threatening illness to avoid adverse complications.
The Juvenile Refused to Follow the Juvenile Delinquency Court's Directions
Failure to follow other court directives could further hinder the minor's prospects of being released. For instance, if the juvenile was instructed to refrain from acting violently with other inmates or to start a drug rehabilitation program, they must abide by these rules till an official review is scheduled.
If the court determines that the kid has disobeyed the orders provided, they may postpone the child's release to give them another chance to comply with the requirements. They will mostly do this when the procedures are essential to the minor's growth and rehabilitation to stop recurring acts of crime.
Minor is at Risk of Fleeing
Any individual who is likely to leave the country after being released, especially to evade justice in a criminal proceeding, is considered a flight risk. If the judge determines that your kid poses a risk of fleeing given their circumstances, they could refuse to release them.
The juvenile court is probably going to take this action when they learn that you intend to travel to another country with your child while the court proceedings are still ongoing. You can turn in the child's travel documentation to the court and have them kept there while the case is being heard to dispel any suspicions.
To encourage unbiased hearing standards, courts stress the minor's attendance throughout the entire process. The juvenile court cannot continue when the child is not present. If the juvenile is innocent, this will ultimately slow down the justice process for everyone involved.
The Child Should Be Detained For Their Protection
Certain situations entail significant charges that might put your child at risk if they go back to the neighborhood. Authorizing a minor's release from juvenile incarceration could be risky if, for instance, the offended parties are set on punishing your kid in their way when he or she is allowed to leave the facility.
Also, the juvenile could have been participating in gang activity before their arrest, which means that other members of the gang could be actively seeking your child out to cause harm to them. This could be the case if the juvenile has provided details regarding other wanted lawbreakers, which makes them vulnerable themselves.
The juvenile court also has the power to refuse a minor's discharge when their current living situation is not favorable for their wellbeing. For instance, if the kid has been subjected to drug usage, abuse, neglect, or has been sexually exploited, it could be in their best interests to be placed in a juvenile facility while the matter goes through court. As a result, they can get the necessary protection and rehabilitation.
The Minor's Release Could Put Others at Risk
The court will also reevaluate granting your child's discharge from custody if doing so would endanger the safety of another person. Even if it may violate the rights of certain people, the choice is grounded on the greater necessity of maintaining social order and security.
A court will make a fair judgment after taking into account what happens to the victim should the juvenile be allowed back into society. In most cases, they won't grant a release when your child is in contact with the alleged victim daily, which would be detrimental to the other party.
For instance, if the juvenile is charged with physical abuse on another child and they attend the same school, it could be detrimental to the victim's psychological and physical wellness. Therefore, it could be necessary to remain in custody until the matter is resolved.
When You Cannot Exercise Your Parental Rights
In some cases of juvenile delinquency, the court could rule that you have no right to have any involvement in your child's case. As a result, you have less access to the child's records and are required to let other people work on behalf of the child.
Unless otherwise stated, two basic occurrences result in you losing your parental rights. They include:
- The child is either already adopted or is up for adoption.
- There is a court order establishing legal guardianship of your child.
Find a Juvenile Delinquency Attorney Near Me
It can be upsetting to find that your child has been arrested and is being held by the authorities. If you don't know what legal steps to take, especially in situations of juvenile delinquency, such issues could become much more serious. You need a specialist who can counsel you on your parental rights and provide information regarding your child's matter. That way, you'll have a better idea of what to expect from a juvenile delinquency court.
We at the California Criminal Lawyer Group in Fresno know how important it is for you to be informed about your child's case and we’ll do our best to give you all the information you require. Our team is made up of competent defense attorneys that have previously worked on juvenile delinquent matters. This means you can rely on us for sound advice on how to exercise your parental rights and responsibilities. To schedule a consultation, call us today at 559-712-8377.
