Nobody is perfect, and all human beings make mistakes at some point. Bad decisions are more typical during adolescence; the teenage brain has not fully developed, and most children engage in behavior that conflicts with the law. Sometimes, a mistake can be hanging out with the wrong friends, while other times, it can be being in the wrong place at the wrong time. As an aggressive and experienced defense attorney, California Criminal Lawyer Group wants to ensure your child’s delinquent conduct does not follow them throughout their life and future. Our Fresno legal team can begin by discussing the potential penalties of the criminal charge, advising you on the legal proceedings and legal defenses, and working diligently to fight for the minor’s rights to the full extent of the law.

Understanding of Juvenile Delinquency in California

Sometimes, even minors violate California law and are prosecuted in the juvenile judicial system, which differs from people 18 years and older in multiple ways.

For example, the juvenile delinquent court does not render a guilty verdict against the minor. Instead, the court “sustains the petitions” presented by the California district attorney (D.A.). Other legal terms and phrases that you are likely to hear during a juvenile delinquent court proceeding include:

  • Adjudication proceeding instead of trial.
  • Disposition in place of sentence.
  • Juvenile delinquent in place of offender.
  • Delinquent conduct in lieu of crime.

A juvenile delinquency act is engaging in unlawful behavior when a person is under the age of majority, which is 18 years. Any individual over the age of 18 faces the adult judicial system.

Your minor baby could participate in delinquent behavior without knowing or because of the influence of friends with bad behavior. When that occurs, law enforcement might take the juvenile to court based on the seriousness of the alleged acts. Generally, in California, the police have legal options, including the following:

  • Detain your child and warn them about the consequences of committing delinquent acts before releasing them.
  • Detain the minor until the guardian or parent arrives at the station; afterward, release the child.
  • Hold the minor in custody and cite them to a California juvenile court officer.

If the criminal matter reaches the court official, also called a probation official, they could handle the case “off the record,” informally file the charges, or render a dismissal. Handling the delinquent case informally means that your minor might present themselves before a California judge or a court officer for an informal case verdict. Probable consequences of the informal decision include:

  • Paying a fine.
  • Serving probation.
  • Paying victim restitution.
  • Community service.
  • Participating in counseling.

The most devastating thing that could happen to the minor if the case reaches the court officer’s office is the filing of formal charges. The factors the court official considers before filing a case for a formal verdict include:

  • The seriousness of your child’s delinquent act.
  • Your minor’s attitude.
  • Whether you can control your minor’s behavior.
  • The minor’s age.
  • The young offender’s past delinquency acts.
  • Proof of the young offender’s delinquent acts.
  • Available legal representation for the child.

Once the court officer files the case against your minor for formal resolution in a California juvenile delinquent court, you should seek legal assistance. The lawyer can protect the juvenile from the possible repercussions of a formal juvenile judgment.

Delinquent Acts That Can Result in a Sustained Petition

The juvenile court considers many delinquent acts and offenses that could result in a sustained petition. You require an aggressive legal advocate to contest your minor’s rights through the juvenile judicial process to prevent possible sentencing “dispositions.”

Some conduct that could cause a sustained petition once the matter reaches the juvenile delinquent court includes the following:

California Shoplifting

Penal Code Section 459.5 PC describes shoplifting as entering a commercial building during regular working hours intending to engage in a larceny offense, and the value of the stolen property is below $950.

Perfect instances where law enforcement agents would apprehend a child for shoplifting crimes include:

  • Going into a bookstore with a motive to buy and hide two copies in their backpack.
  • Entering a jewelry store to steal a necklace or watch worth $800.

If the juvenile court finds your child guilty of violating Penal Code Section 459.5 PC, it can place them in an informal probation sentence or even confinement. An experienced lawyer could fight the charges facing your minor by making the following legal arguments during the adjudication proceeding:

  • The underage child had no motive to shoplift.
  • The child will pay restitution to the party that owns the business through a civil compromise.
  • There was insufficient evidence against the juvenile.

California Trespassing

Trespass involves entering and residing on another individual’s property without permission. Penal Code 602 makes it a misdemeanor.

A minor could violate this California statute by:

  • Getting into another individual’s property with malicious intent to interfere with business activities or activities happening there.
  • Getting into and occupying or remaining on someone else’s property without consent and refusing to leave.
  • Getting into another individual’s property with the motive of damaging their property.
  • Removing a stone, soil, or dust from someone else’s property.

Some legal defenses to charges of trespass facing your minor include:

  • The child had consent to be on the stated property.
  • The property was unsigned for trespass as a violation.

Sexual Battery

Your child could be guilty of sexual battery when they touch the genitalia of another without their permission with sexual abuse, arousal, or gratification intent. Under Penal Code Section 243 PC, violating this law is a wobbler; depending on the case facts, it is punishable as a felony or misdemeanor.

Sexual battery is a typical juvenile delinquent act involving children as they transition through adolescence. After the sexual abuse disposition proceeding hearing, the judge can send your baby to a Secure Youth Facility.

Sustained petitions for California sexual assault could also result in life-altering penalties, like meeting sex offender registration requirements, even upon attaining 18 years. Therefore, you should employ a lawyer once you learn your underage is accused of this sex crime.

The prosecution could also bring the criminal case to an adult California court if the young offender's delinquent act is severe. Whether your minor remains in custody depends primarily on what the presiding judge rules out during your child’s transfer proceeding.

During a juvenile transfer hearing, the California judge decides if the young offender’s delinquent conduct fits California’s juvenile legal system. The prosecution will begin a transfer proceeding if the criminal charges against your minor are under California Welfare and Institutions Code Section 707(b) WIC and the ward is over 16 years. WIC crimes include:

  • Rape with physical injuries or harm.
  • Arson.
  • Attempted murder.
  • Kidnapping of child.
  • Murder.
  • Torture.
  • California voluntary manslaughter.
  • Forcible sexual penetration.
  • Carjacking.

If your teenager loses the juvenile transfer hearing, they will face the adult judicial system, which can subject them to incarceration and expensive fines. If your minor is in custody after an arrest, the earlier you hire a defense lawyer, the better; a juvenile disposition can significantly impact your baby’s future.

California Vandalism

Your child commits vandalism when they deface or destroy another individual’s property. Per Penal Code 594, this crime is a California misdemeanor, provided the value of the damaged property is below $400, and a felony if the damage exceeds $400.

For the California court to find the juvenile guilty of vandalism, the prosecution should prove that the underage child maliciously:

  • Defaced, damaged, and destroyed someone’s property with graffiti or other inscribed material.
  • The property does not belong to the minor or their parents.

Vandalism is common among teenagers, but an experienced lawyer could utilize the following defense strategies to contest these criminal charges:

  • Mistaken identity.
  • It was an accident.
  • False allegations.

Sentencing Options Upon A Sustained Petition

If the California juvenile court finds your child guilty of a delinquent offense, the judge can make various dispositions, depending mainly on the acts and nature of their wrongdoing.

The California judge presiding over your minor’s case will impose sentencing designed to discipline your underage child and simultaneously assist the young offender in being a productive, law-abiding citizen.

Some sentencing options available to the delinquency court judge upon sustaining a petition against your son/daughter include the following:

Probation on Home

Young offenders on home probation are permitted to stay with their guardians or parents but must obey specific conditions, including the following:

  • Attending school.
  • Paying any restitution owed.
  • Abiding by the imposed curfew.

The presiding judge can send your child to either of these two probation on home dispositions options:

Home Placement Without Wardship

Home placement without wardship is the less severe option that a California judge can impose. The judge places your baby on probation at home without wardship if:

  1. It is the first time the juvenile is on the wrong side of the law.
  2. You will offer support to your minor during the rehabilitation process.
  3. The delinquent conduct was not severe.

Home placement without wardship probation is extended for six (6) months, following which the young offender will be released from the probation obligations.

Home Placement With Wardship

The more severe the delinquent conduct, the higher the possibility of the judge placing the minor on home placement with wardship. Some offenses that could lead to this placement include the following:

  1. A California felony for a minor above 18 years.
  2. Severe WIC 707(b) crimes.
  3. Gang-related offenses.
  4. Controlled substances crimes.

Your minor should adhere to the conditions of their probation. Violating the probationary terms could lead to the following:

  1. Removal of your child from probation at home.
  2. Imposing stricter terms.
  3. Placement of the young offender to a juvenile hall, probation camp, or Secure Youth Facility.

Probation Camp Placement

Other delinquent acts would lead to a California judge ordering your child's placement in a probationary camp as sentencing after a sustained petition. The probationary camp aims to:

  • Reintegrate the young offender into their community.
  • Reunite the ward with their family.
  • Help the minor establish social and behavioral skills.

These probationary camps offer the following services to the young offender for their rehabilitation:

  • Vocational training.
  • Mental wellbeing.
  • Tutoring.
  • Educational services.
  • Counseling.

The nature of the young offender's delinquent act determines the duration of their stay at probationary camp. It can be three to nine months long. During their stay at the California probation camp, the child could visit their family and complete their high school education.

Suitable Placement

A California judge could also direct the minor to be removed from your home custody and order the placement of your underage child in foster care, also called suitable placement or foster home. The juvenile judge can determine reasonable orders concerning your minor’s supervision, custody, conduct, medical treatment, and care. Before the California judge orders the young offender’s removal from the parent’s or guardian’s, the judge should determine that:

  • The underage child is chronically truant.
  • The young offender requires removal from your custody.
  • The minor was on home probation in your care, and they are yet to reform.
  • You cannot offer the child the appropriate maintenance, training, and educational requirements.

The probation officer can decide the right and proper placement of the child for foster care if the court instructs their removal from your custody. The probation agency offers the options below regarding the young offender’s appropriate placement from their home:

  • Remaining with their immediate family or other relatives.
  • Being housed in foster care and family homes.
  • Staying at treatment facilities and group homes for care.

The minor’s placement in another place other than your home should be safe and in a family-like setting with minor restrictions, meeting the minor's needs and empowering them to develop into a productive individual.

Steps to Take After Your Minor Child is Found Guilty of a Crime

It is scary when your underage child is accused of committing a crime. Like most parents, you are not ready to handle the judicial system, legal proceedings, and dispositions that follow. You can take specific steps to ensure you and your family obtain a favorable case outcome.

Know Your Underage Child’s Legal Rights

It is wise to know the minor’s legal rights so that a criminal charge does not come due to police misconduct and other prosecutorial mistakes that can happen when a juvenile is accused of an offense. These rights include the following:

  • The law enforcer should have probable cause to search your child.
  • The police should read the minor Miranda rights.
  • The juvenile is entitled to make a call following their arrest.
  • The minor is entitled to legal representation.
  • The prosecution cannot compel the minor to testify against themself.
  • The child is not entitled to seek bail, and the police can detain them for an indefinite duration.

Do Not Argue with Law Enforcers

If you are present during your child’s arrest, it is essential to stay calm. Arguing with the officers only worsens the legal matter.

Consult a Counselor

To show up for the baby during this challenging time, you need a clear head and should remain calm. Consulting a therapist or counselor can help you with this. Also, the therapist can assist you in dealing with the criminal charges, what to expect after the disposition, and how to object in life.

Find Support

It is overwhelming to handle the juvenile’s charges. Seek support from parents facing identical issues so you can have an outlet to talk about your baby. Other parents can share advice and tips from similar experiences, allowing you to support your child without burdening them with your fears and worries.

Seek Legal Representation

California's juvenile justice system is different from the adult criminal justice system. Your devoted defense lawyer with a successful track record can develop a plan, guide your family throughout the judicial process, and protect your child’s rights. It increases the chances of obtaining a favorable case outcome. Avoiding serving time protects your child’s reputation so that they can have a successful future and a clean criminal record.

Police Questioning Leading to Sustained Juvenile Petitions

The 5th Amendment to the U.S. Constitution advises people of the protection against self-incrimination. The law requires the police to inform individuals of their entitlements before custodial interrogations.

Typically, the right is set out as follows:

  • The young offender has the entitlement to remain silent.
  • The prosecution team can and will use anything the minor says against them.
  • The juvenile has the entitlement to legal representation.
  • If the ward cannot afford a lawyer, the court will provide one for them.

During the custodial interrogations, your child is not free to leave, and the police ask them questions tailored to acquire incriminating responses.

California gives more protection to young offenders. The law requires the police to read Miranda warnings anytime they detain a minor, even when they do not plan to question them.

A juvenile is deemed in custody if they:

  • Are significantly deprived of their freedom, or
  • Reasonably believe they cannot leave.

A law enforcer can question your baby without reading their Miranda warning. It is called a Terry stop (the officer suspects a criminal activity).

Effects of a Miranda Right

After reading Miranda warnings, the law enforcer will ask your child whether they understand their entitlement. If the young offender says they do, the police will enquire whether they wish to speak.

If the baby invokes this right, the officer should stop the questioning. Your child does not require any special words to invoke their protection. Keeping quiet is not sufficient.

However, the child waives their 5th Amendment right once they talk or agree to talk. The prosecution can later use anything they say against them in court.

Waiving Miranda Rights

A baby can waive Miranda rights, provided the waiver is voluntary.

The prosecution team should prove the waiver is voluntary. The prosecution must verify this by a preponderance of the evidence. The preponderance of the evidence implies that it is more likely than not that the confession was voluntary.

In determining whether your juvenile child’s confession was voluntary, the judge considers the following factors:

  • Did the law enforcers threaten to injure or injure the minor?.
  • Did the law enforcers threaten to jail or arrest the juvenile’s relatives?.
  • Did the police promise less severe penalties in return for an admission of guilt?.
  • Did the police deny your child the right to remain silent or legal representation?.
  • Was the interrogation unduly lengthy or unrelenting?.
  • Did the police deny the minor bathroom use, water, food, and sleep?.

If your child answers “yes” to the questions, the confession is not voluntary.

The law prohibits law enforcement from interrogating a minor below 17 until the ward has consulted an attorney. The consultation can happen in person, by video conference, or by telephone.

Nevertheless, an officer can question your child before consulting an attorney if:

  • The police think the details are essential for safeguarding property or life from pending threats and
  • The law enforcer’s questions are restricted to those crucial to acquiring the details.

Are You Entitled to be Present During Your Child Interrogation?

You do not have legal rights to be there during the interrogations. Your child should protect their rights.

The police are not your friend; they are responsible for building a case against a suspect. Therefore, it is wise for your child to politely refuse to answer the police questions, except by giving their name.

You can visit your baby in custody. However, the visit will not be confidential. While the officer can allow you time alone, the officer monitors your conversation. Interrogation rooms have secret audio or video recording equipment.

Consequently, it is wise to consult your juvenile delinquency defense attorney before seeing the minor. The attorney-client privilege protects conversations between your lawyers and clients; the prosecution team cannot use whatever your child says against them.

What Happens When the Police Violate Miranda Rights?

Any subsequent statements your child makes during the Miranda violations are inadmissible in court. However, unless the police coerce the confession, it can be used to impeach your child.

Failing to issue Miranda rights does not form a basis for taking legal action for damages.

Find Legal Representation Near Me

The California juvenile justice process differs from the adult criminal judicial process, making it challenging to handle and defend against delinquent criminal charges properly. Due to the life-changing penalties of sustained petitions, working with a skilled Fresno defense attorney is wise. California Criminal Lawyer Group knows how stressful the criminal charge is on your family and also recognizes how hard it can be to understand the severity of the legal matter. With our many years of experience, we can work to prevent a conviction and protect your child’s rights. Please call our legal office at 559-712-8377 and begin building a strong case defense.