It can be challenging for both you and your child if he or she is arrested and charged. As a parent, you will naturally worry about your child because the experience can be traumatic and impact their life. This holds especially true if your child is facing prosecution for a felony, as the juvenile court may decide to transfer the case to adult court. It is crucial to secure a skilled lawyer to defend your child, irrespective of the charges they are facing.

The first step in protecting your child's future is to choose an attorney who can understand your concerns and empathize with their rights and feelings of fear. At the California Criminal Lawyer Group in Fresno, we are dedicated to offering diligent and professional legal representation for your child in court. Our main goal is to ensure that your loved one receives the best rehabilitation care and that their past mistakes do not define their future.

Understanding the California Juvenile Judicial System

When California law enforcement arrests a minor for breaking the law, the child may be either taken to a juvenile detention facility or released with a warning. A minor violating the law is not considered a crime under California law, but rather a juvenile delinquent act. The primary objective of the judicial system is to ensure that minors receive rehabilitation and comply with predefined legal requirements.

While rehabilitation is the main objective of the juvenile court system, this does not absolve the minor of responsibility for their legal violations. The juvenile court has established protocols to guarantee that a minor faces consequences for their crimes. The majority of cases heard in juvenile court involve charges of misdemeanors and felonies, as well as status, truancy, and curfew violations.

What To Expect When Law Enforcement Arrests A Juvenile

A minor's arrest marks the beginning of the California juvenile court process. The officer will make a decision based on the severity of the incident that led to the arrest. The officer can release the juvenile with a strict warning not to commit the offense again. Alternatively, they may choose to place the kid in a juvenile facility under the supervision of a probationary officer.

If the police officer sends a minor to the juvenile detention facility, you shouldn't be worried about it because it doesn't imply they will be there for a long period. A probation officer will speak with the minor and make a decision based on the information gathered.

A minor might receive a citation from the probation officer to show up for court proceedings at a later time, after which the minor will be allowed to return home. The minor could be committed to remain in a juvenile facility until a magistrate reviews their case, or the probation officer may offer the juvenile a probation plan that they must comply with to avoid being sent to court.

Juvenile Court Hearings

If a minor is being held at a juvenile facility and is not released, they will need to appear before a juvenile court judge for a hearing within forty-eight hours. The arraignment process doesn't take place on weekends.

During the arraignment, a judge may choose to discharge the minor. However, the minor must comply with the term conditions, and the magistrate will only grant this under strict guidelines to the parent or guardian. These rules include going to school, having a curfew, and being tested for drugs. If the minor violates any of these terms, they will likely be subjected to serious repercussions.

Juvenile courts hold several hearings. These include the following:

California Detention Hearing

When a law enforcement officer arrests a minor, he or she is transferred to a juvenile facility. Detention hearings are the first hearings a minor will face. They are intended to decide whether to return them to their parents or keep them in juvenile jail pending the resolution of the case.

As long as the juvenile remains under the parent's supervision at home, a detention hearing will still take place because they are deemed to be under their caregiver's custody. It is crucial to keep in mind that, unlike in adult court systems, a minor does not have the right to put up a bond amount while they are in a juvenile facility.

Persuading a juvenile court to release your loved one during their detention hearing is the only way to guarantee they are not in a juvenile facility. A minor should defend himself or herself during the hearing by engaging a criminal defense lawyer who has experience dealing with the juvenile justice system.

What Happens During a Juvenile Court Detention Hearing?

After spending a few days in custody at a juvenile facility, a minor will appear before a magistrate for their detention hearing. The first time a minor appears before a judge after being arrested is called an arraignment if detention isn't an issue.

During detention or an arraignment hearing, a juvenile will stand before a magistrate who will:

  • Have the allegations read to the minor.
  • Make sure that they are aware of their rights under the constitution.
  • Allow the minor to present their argument.

The judge will then make sure your minor is informed of the following details:

  • The allegations made against them.
  • Their legal counsel.
  • They can cross-examine any of the witnesses if they so want.
  • They can give evidence to defend their case in court.
  • They are aware of their rights under the constitution.

If the magistrate decides to hold the minor in custody, they would go through the provisions of WI 635 after hearing arguments from the prosecution team, probation officer, parents, or guardian during the detention court hearing.

Before determining whether to grant custody of the minor, the judge has to:

  • Pay attention to the arguments made by the state's attorney against the minor.
  • Check if the minor has violated any juvenile court orders.
  • Determine whether your minor poses a flight risk.
  • If the minor has ever gotten away from a juvenile court obligation.
  • If holding the minor in custody is necessary to safeguard property or other individuals.
  • A detention is necessary for the minor's safety.

Adjudication Hearing

In this proceeding, the court will decide whether or not a minor has broken the law. The law states that if a minor is being held, their adjudication hearing should take place no later than 15 court days from the beginning of their arrest. The court days don’t include weekends and holidays. Once the case is submitted, the trial for a minor should take place within thirty days at the latest. However, if they’re not in detention, the court dates could be extended.

When a minor is found to have broken the law, the petition from the prosecutor is upheld by the juvenile court judge. This is different to adult court systems, where the offender is put on trial and their guilt or innocence is determined for their crimes. If the court determines that there is insufficient evidence to prove that the minor broke the law, the prosecutor's case will not be granted. It is crucial to note that a minor has the right to legally defend himself or herself against the allegations made during their adjudication hearing.

Disposition Hearing

Disposition hearings are similar sentences in the adult court system. When a judge determines that a minor has broken the law, the minor is subject to various disciplinary actions. The main purpose of these actions is to guarantee that the child is rehabilitated and given a second opportunity at a better future.

During a disposition hearing, a judge might impose the following penalties or measures:

  • Putting a minor in a juvenile detention center.
  • Sending the minor on probation at home.
  • Putting the child into the care of a foster family.
  • Commitment to CYA or DJJ.
  • Restitution.
  • Complying with the curfew rules.
  • Community services.
  • School attendance is mandatory.
  • Taking courses to learn about the consequences of their actions on their victim.
  • Paying court fines.
  • Participating in sessions for counseling.

Unfortunately, certain juvenile offenses can have a detrimental effect on a child's future since they could show up as a strike on their file. Being present for your minor during their detention and court proceedings is crucial since it will have a beneficial effect on their lives. Remind your loved one that they are not alone and that you're available to support them.

Transfer Hearing

This type of hearing occurs between detention proceedings and adjudication hearings. Occasionally, the prosecution may ask the juvenile court to move the matter to an adult court, depending on how serious the crime the juvenile has committed. If a minor is charged in juvenile court, only the juvenile court judge has the authority to decide whether or not they should be tried in an adult's court.

When a minor is brought to an adult criminal court, he or she will be tried as an adult, meaning that if the child is found guilty, they will face punishment as an adult. Your loved one will be incarcerated alongside other adult perpetrators, which is not a good situation for the minor. California transfer hearings are held for the most serious offenses because of the significant penalties that the child could face.

During this proceeding, the magistrate determines whether the juvenile is suitable to face the allegations in juvenile court. When a child is tried in a juvenile court, he or she will be committed to the Division of Juvenile Justice until the age of 25. You should retain legal counsel from a professional lawyer to ensure that your loved one is tried in the juvenile court system.

Factors the Prosecutor May Use to Ask for a Transfer Hearing

The prosecutor could have grounds for seeking a transfer or fitness hearing against a minor if:

  • The minor has committed a felony, as defined by WIC 707b, and is at least 16 years old.
  • The juvenile carried out a crime specified under WIC 707b when he or she was only 14 or 15 years old but was never charged until he or she turned 18.

Crimes Specified Under WIC 707b

If a minor is charged with a crime that is included in the provision of California WIC 707b, the prosecutor can request a transfer or fitness hearing. The following offenses are mentioned under WIC 707b:

  • Murder.
  • Rape.
  • Arson that causes serious physical harm or is committed on an occupied boat or building.
  • Attempted murder.
  • Sodomy, where intimidation, violence, force, or threats are used.
  • Robbery.
  • Lewd actions against a child aged 14 years or below.
  • Oral copulation through the use of threats, force, intimidation, or coercion.
  • Kidnapping for robbery or ransom.
  • Assault with a firearm or lethal weapon.
  • Intentional use of physical force to cause serious bodily harm.
  • A violation under PC 1203.09 committed against a disabled elderly person or who is over the age of 60.
  • Kidnapping resulting in serious physical harm.
  • Using a lethal weapon in an occupied structure.
  • Bribing witnesses under PC 137.
  • Perpetrating a PC 136.1 offense when a juvenile discourages any eyewitness from testifying.
  • Manufacturing, selling, or compounding more than half an ounce of illicit substances as defined in HSC 11055e.
  • Perpetrating a felony crime using a personal firearm under PC 120022.5.
  • Perpetrating a violent offense, which could result in a minor's street gang term being enhanced.
  • Man-slaughter.
  • Carjacking.
  • Aggravated mayhem.
  • If the juvenile uses force, threats, or violence to break out of a juvenile facility, ranch, house, or probation camp and seriously hurts staff members working on the facility.
  • Kidnapping to sexually abuse the victim.
  • Voluntary manslaughter.
  • Committing murder using lethal weapons.

The Criteria Used By A Juvenile Judge To Evaluate Whether To Transfer A Juvenile To An Adult Justice System

A juvenile judge has to take into account several considerations when reviewing a prosecutor's transfer hearing request before deciding where the juvenile will go to trial. These elements include the following:

  • The magistrate will assess the minor's level of sophistication at the time of the crime.
  • The presiding judge will decide whether the juvenile can be reformed before the legal authority of the juvenile court lapses.
  • If the juvenile has a history of delinquency.
  • Whether the juvenile justice system has previously been successful in rehabilitating the alleged minor.
  • The specifics of the offense for which the juvenile is being charged.
  • The minor's psychological maturity and intellectual growth.
  • The programs offered to address the minor's mental health issues.

Appealing Against a Juvenile Court Ruling

If a minor is charged with any of the serious crimes included in WIC 707(b), they will likely face harsh punishment. When a minor is tried in the juvenile court system, there is a possibility that the punishment they receive will be less severe compared to what they would face in an adult court. For this reason, you should make sure your loved one is tried in the juvenile court system.

The minor will have the chance to appear before a juvenile judge, where he or she might receive a term suitable for the severity of their offense as well as a chance to turn their life around and lead a normal life upon release.

The purpose of the transfer hearing is to ascertain if the child is competent to face trial in a juvenile court. If the judge finds the accused unfit to face trial in a juvenile court, the matter is automatically transferred to an adult criminal court. Your family has the option to appeal this ruling by working with a professional criminal defense lawyer.

Through an appeal, you will have the chance to persuade the juvenile magistrate of the advantages of having your minor's case heard in the juvenile court system. Your legal counsel will need to convince the judge that the minor would benefit considerably from the programs provided by the juvenile court.

When your child is first arraigned in court, you have twenty-one days to file a writ petition to challenge the juvenile court's ruling against the minor. Hiring a lawyer well-versed in the California Juvenile Court system is essential if you want to improve your prospects in your appeal. Your lawyer will need to provide evidence demonstrating how the minor will benefit from the juvenile system's services.

What Happens If A Minor's Transfer Hearing Appeal Is Rejected?

If a minor is facing serious charges or has a criminal history, there's a high chance they won't be successful in their appeal against a fitness hearing. Should a juvenile court appeal be unsuccessful, a minor will be tried in an adult court and could be subject to harsh penalties.

If your loved one gets transferred to an adult court to stand trial, it doesn't imply that their future is over, so you shouldn't give up. Your minor can benefit from a fair trial in an adult criminal court, where the jury will listen to both sides of the case.

Before reaching a decision, the jury members will evaluate the evidence. Even though there is proof against your minor in court, they could still be found not guilty. All you have to do is put in the time and effort with your legal defense counsel to put together a strong case for your minor in court.

Most jurors tend to be sympathetic to minors and will consider more of the incident when making their decision than just the evidence that is used against the minor. Even if the jury finds your loved one guilty of the crime they are charged with, they might not impose a severe punishment.

If the jail cells are overcrowded, the adult court could issue your minor a lighter sentence. In this case, the jury can decide to give the minor a punishment that would benefit them and, if necessary, ensure that they undergo rehabilitation.

Adjudicating cases in juvenile court allows a juvenile judge several options, which is one of the key reasons why most attorneys prefer a minor to go through a trial in that setting. For a serious crime, a minor will be sentenced as an adult and has few options in an adult court. Criminal courts usually impose two types of sentences: jail time and court fines, though sometimes both sentences are necessary.

The magistrate has a variety of options and can impose less severe penalties for minors than adult courts can. A juvenile magistrate will render a decision that they believe will benefit your minor. However, a minor can't be sentenced to death or life in prison without the possibility of release, even if they are tried in an adult court and get a harsh sentence.

Possible Consequences of Your Minor's Arrest

If a law enforcement officer arrests a minor, he or she will have several sentencing options at their disposal. Among them are:

Diversion Program

This program is geared toward rehabilitating minors as opposed to punishing them. The diversion program is limited to six months, and if a minor doesn't benefit from it, the assigned probation officer may initiate a petition hearing.

Informal Probation

If a minor did not commit a serious offense, they could be placed on informal/ misdemeanor probation. Also, if the minor has never been in trouble with the law before and hasn't engaged in any violent crimes, he or she could be placed on informal probation.

Formal Probation

There are multiple situations where a minor can be placed on formal/ felony probation. They could be put in a foster home, an institution, a probation camp, a relative's house, or at home. A minor might be required to abide by specific guidelines to have any felony probation dismissed from the charges against them.

These terms include:

  • Mandatory school enrollment and attendance.
  • Restriction on interacting with a specific group of individuals.
  • Restriction on possessing or owning a firearm.
  • Substance use restriction.

Find a Fresno Criminal Defense Lawyer Near Me

When your loved one gets into legal trouble and the prosecution requests a fitness hearing, it is crucial to seek the assistance of a criminal defense lawyer. Your attorney will work diligently to persuade the magistrate to allow your child to be charged in juvenile court. This gives your child a second chance at life, and there is a possibility of receiving a lesser punishment in the juvenile court system. Our skilled Fresno attorneys at the California Criminal Lawyer Group are well-versed in California's juvenile justice system. They will work diligently to secure the best possible outcome for your child's case. Call us today at 559-712-8377, and we will be more than happy to assist you.