When a minor or a child below 18 years commits a crime, they might be guilty of a status offense or delinquent act. A status offense is a crime that's only committed due to the age of the child. They are usually minor and don't carry severe penalties. However, a delinquency act can lead to prosecution and conviction as juvenile delinquency. Juvenile delinquency refers to any minor who commits a delinquent act.

Regardless of how insignificant how your child's delinquency charges are, you should retain the services of an experienced juvenile defense attorney. A reasonable attorney will help you evaluate your situation and find the best legal solution. Schedule the California Criminal Lawyer Group in Sacramento today to learn more about how we can help you.

California Juvenile Delinquency Laws

The juvenile delinquency system is part of the California civil law system rather than the criminal law system. When a child is accused of committing a particular crime, the crime goes to court just like an adult. However, the charges will be made in a juvenile delinquency court.

In California, juvenile delinquency laws are set out in the Welfare and Institution Code, specifically W&I 601 and other sections. Let's have a closer look at these laws.

California Welfare and Institution Code 202: Goals of Rehabilitation

California W&I Code 202 provides that the juvenile delinquency system aims to rehabilitate an offending minor. This shows the difference between the juvenile delinquency system and the adult criminal system, focusing primarily on punishment. Children in the California juvenile court system are taken through treatment, education, and other services to help them move from their past criminal activities.

Apart from rehabilitating minors, the California delinquency system aims to hold offending juveniles accountable for their actions by applying sanctions like commitment to probation camps and probation.

California Welfare and Institution Code 602: Jurisdiction of the Juvenile Court

W&I Code 602 is the statute in California that defines the jurisdiction of the juvenile court. Under this statute, juvenile courts should handle delinquency cases associated with children aged between 12 years and 17 years. It also provides that juvenile courts can hear cases for children under 12 years but must be accused of certain sex crimes and murder. 

This statute also makes offending children "wards of the court" rather than "defendant," as in adult criminal courts. This means that the judge takes over the primary responsibility of the accountability and welfare of the offending minor.

Details About Juvenile Delinquency Court in California

The juvenile delinquency court is a special court dedicated to adjudicating both misdemeanor and felony crimes alleged to be committed by minors. Juvenile courts also deal with status offenses like curfew violations and truancy.

Everything to do with these courts is governed by The Juvenile Division of the Los Angeles Superior Court. This court also deals with informal juvenile courts, which deal with low-level misdemeanors and infractions, and the juvenile dependency courts in California.

As stated above, minors below 18 years are primarily prosecuted in juvenile courts, but there are particular cases that are prosecuted in adult courts. You should note that you can still be charged in these courts if you commit a crime at 17 years, but the offense is discovered or tried until you attain 20 years. 

Even though most cases associated with offending minors are tried in juvenile courts, some might go to an adult court after a transfer hearing. A case can be shifted to an adult hearing based on the following factors:

  • The level of criminal experience portrayed by the child.
  • Whether the child can be rehabilitated before the juvenile court jurisdiction expires.
  • The child's prior criminal history.
  • Whether prior attempts to rehabilitate the child were successful.
  • Lingo.
  • The gravity and circumstances of the alleged offense.

Please note, juveniles below 16 years aren't tried in an adult court, even if their alleged offense qualifies as those that can be transferred to an adult court. Nevertheless, an adult court can try particular crimes described under the Welfare & Institution Code 707(b). These offenses are as follows:

  • Robbery.
  • Kidnapping.
  • Arson.
  • Sodomy.
  • A lewd act with a minor.
  • Kidnapping.
  • Assault that causes substantial bodily injury.
  • A felony in which a weapon is used.
  • Other crimes referred to as violent crimes in California.

Unique Juvenile Delinquency Court Lingo

The juvenile delinquency system has a unique language that refers to the terms used in adult criminal courts. For instance, the term "sustains the petition" is used to refer to terms like "guilty" or "innocent" that are used in adult courts.

Apart from that, terms like "disposition" refer to "sentences" in adult courts. Other terms like disposition hearing refer to a sentencing hearing in adult criminal courts.

Further, the term jurisdiction hearing refers to a trial in an adult court.

The Juvenile Court Process

The juvenile court process in California starts with the arrest of a minor. If the reason behind the arrest is not severe, the police officer will most likely issue a warning to the minor and let him go. Alternatively, the cop will give the minor a citation to appear in court at a particular date but allows him to go home.

 With serious matters, the officer will take the minor to a juvenile hall. Probation officers running the hall can decide to send your child home with a citation to come to court at a later date if valid reasons are citing the need not to stay in these halls. The probation officer can also send your child to a probation program that doesn't require him to go to court or keep him in the hall until a judge looks at the case.

If the probation officer decides to retain your child in the halls, it means that the court hearings will proceed. Your child may have to attend the following hearings:

  • Detention hearing.
  • Transfer hearing.
  • Adjudication hearing.
  • Disposition hearing.

Let's have a closer look at these hearings to have a better understanding of them.

Detention Hearing

The detention hearing is the first court hearing that a minor has to attend after an arrest. It takes at least 48 hours for a detention hearing to take place if the alleged crimes are non-violent or not severe. This timeline doesn't include weekends and holidays. If the alleged crime is a felony or a misdemeanor, the detention hearing must occur at least 72 hours after the minor has been taken into custody.

Parents have the right to be notified about their children's detention hearing. Parents who don't receive the notification can request another hearing within 24 hours to guarantee their availability.

Please note that minors released on home supervision are also regarded to be in custody and must attend a detention hearing.

You should also note that there is no right to post bail in a juvenile case as in the case of an adult hearing. Therefore, the only way to keep your child out of custody is by convincing the judge during the detention hearing.

The judge decides whether to keep the minor in the juvenile halls or allow him to go home during this particular hearing. They choose to make a decision based on the following factors:

  • Whether the minor has violated any juvenile court's order.
  • Whether the minor has escaped from any juvenile court's commitment.
  • Whether the minor is a flight risk.
  • Whether the matter at hand requires urgent protection of the minor by detaining him.
  • Whether it's reasonably necessary for the minor to be detained to protect another person's or property.

The judge will ask for input from the probation officer, district attorney, the minor, the minor's attorney, and parents while making this decision. A reasonable defense attorney should use this opportunity to convince the judge not to detain the minor and release him back to the community.

The Proceedings of a Detention Hearing

The detention hearing is a form of "arraignment." At this stage, the minor will be informed of his charges, constitutional rights, and allowed to enter a plea. Similar to an adult court, the judge informs the minors about their constitutional rights, which involves:

  • The right to counsel.
  • The right to confront and cross-examine a witness.
  • Right against self-incrimination.
  • Right to subpoena witnesses.
  • Right to present evidence.

When minors enter a plea deal, they don't enter into a "guilty" or "not guilty" plea as in the case of an adult criminal case. Instead, the minor will:

  • Admit to the allegations similar to pleading guilty in an adult criminal case.
  • Deny the allegations similar to pleading not guilty in an adult criminal case.
  • No contest the allegation similar to pleading no contest in an adult criminal case.
  • Deny the allegations due to insanity.

Please note, if the minor wasn't placed in custody, there are no detention issues. Therefore, this stage of the case is referred to as arraignment. The judge will inform you of the allegations and your constitutional right and allow you to enter a plea to those allegations.

Dennis H Hearing

A minor's attorney can ask for a rehearing after losing in a detention hearing. A re-hearing is also referred to as Dennis H Hearing. The attorney will ask for a re-hearing if there is questionable evidence. For instance, the minor's defense can ask the court to ask a police officer to testify in court if the judge previously decided on a police report without the officer's testimony. The minor's defense will then cross-examine the police officer to guarantee that all case facts are accurate. 

A Dennis H hearing takes place within three court days after the detention hearing. It takes five days if witnesses are unavailable.

If the judge decides to keep your child in custody, he or she will remain in the juvenile hall until the jurisdiction hearing. The jurisdiction hearing should take fifteen days of the detention hearing.

Jurisdiction Hearing

In California, a minor's trial is referred to as a jurisdiction hearing or adjudication hearing. A jurisdiction hearing allows minors to defend themselves against the allegations. Most procedures used in an adult court are not the same, but some of the crucial processes are used. These procedures include:

  • The opportunity to present a defense.
  • The chance to subpoena a witness.
  • The requirement for the prosecution to establish their case beyond reasonable doubt.
  • The right to against self-incriminate and testify or not.
  • The right to seek effective counsel.

If the judge sustains the petition and finds that the charges are true, then your child will be sentenced at the disposition hearing. If the charges are not accurate, the case will be dismissed, and the child is left free to leave.

Disposition Hearing

A disposition hearing is similar to a sentencing hearing in an adult court. There are several sentencing options available in a juvenile court. The judge decides on sentences tailored to the particular allegation.

Please note, the judge cannot penalize the minor for failing to confess or pleading guilty. However, the court might punish the minor for violating Penal Code 118: Perjury by making a false statement during the jurisdiction hearing.

Timeline for the Disposition Hearing

A judge can hold a disposition hearing right after the jurisdiction hearing if there is enough information to make a sentencing decision. However, if the judge is still waiting for a social study report from the probation officer, they will most probably postpone the disposition.

The judge will most likely order a psychological evaluation If the minor is experiencing a possible mental issue, meaning that the disposition hearing will have to wait. You should note, however, that things cannot just continue indefinitely. For instance, if the minor is held in custody in a juvenile hall, the disposition hearing must occur within ten days.

If there are victims involved in the case, they have the right to attend this hearing. This opportunity also allows victims to write statements about their experiences and speak at this hearing. On the other hand, the alleged perpetrator can testify at this hearing.

Dispositions in A Juvenile Court Conviction

The juvenile delinquency court can impose different types of disposition. They range from a dismissal of the case to a commitment to the California Youth Authority. Here is a breakdown of these dispositions.

Informal Probation

A judge can place a minor under informal probation under the Welfare and Institution Code 654. The court will impose several conditions on the informal probation. These conditions include:

  • Keeping a curfew.
  • Going to school.
  • Doing community service.
  • Attending counseling.
  • Making restitution to the victim.

The purpose of informal probation is to ensure that the minor avoids a criminal record. If the minor completes the program successfully, the probation officer shouldn’t file a petition. A poor performance warrants a petition to be filed. A petition can be filed within 60 or 90 days after the informal probation.

The judge will check on all relevant evidence depending on the minor's present condition and the child's future welfare while deciding on informal probation. They can choose to order informal probation even after the probation officer or prosecutor objects to this idea.

The informal probation will last for six months. At this point, the guardians or parents must agree to participate in the agreed counseling or education program.

Please note, minors charged for driving under the influence must complete an alcohol or drug education program as per the requirements of the DMV. Therefore, informal probation doesn't protect the minor from the DMV consequences of driving under the influence.

Once minors complete the six-months informal probation period, they must return to court within fifteen days before the informal probation terminates. The probation officer will then submit a report to the court regarding the minor's

If the court finds out that the minor's performance is unsatisfactory, the judge might extend the probation period. In case the child doesn't complete probation, a proceeding on the petition will resume. The court has a maximum of one year after the date of the initial petition to resume the delinquency proceedings.

Deferred Entry Judgment

A deferred entry of judgment is a type of juvenile probation under the Welfare & Institution Code 790. Under this program, a minor must admit to having committed a particular felony offense, and a judgment for deferment is made. The minor is then placed on probation for one to three years to adhere to specific terms and conditions. The case will be dismissed after completing the probation and all the juvenile records sealed.

Please note, Deferred Entry Judgment or DEJ is only available for low-level, first-time misdemeanors. The idea behind the DEJ is to impose terms and conditions that will help rehabilitate the minor and prevent committing future criminal activities.

The court usually determines whether a minor is eligible for DEJ in every felony case. For minors to be eligible, they must meet the following seven requirements:

  • The minor is ineligible for award of the court due to the felony.
  • The offense is not a welfare.
  • The minor has been committed to the CYA.
  • Whether the minor has completed a juvenile probation.
  • Whether the minor was at least fourteen years old during the hearing.
  • Whether the minor is eligible for probation under California Penal Code 1203.6.
  • Whether the offense is a serious sex crime.

When the court finds out that the minor is eligible for the DEJ, the prosecutor will notify the court, the minor, and defense counsel. The juvenile court will then decide whether the minor is eligible for the program.

Please note, a minor must admit to all the charges. If the juvenile insists on a jurisdiction or adjudication hearing, they become ineligible for the DEJ.

Further, the juvenile court judge doesn't automatically determine eligibility for the DEJ unless they find out that the child will benefit from the treatment, education, or rehabilitation efforts.

Sometimes the judge might order a suitability hearing before granting a minor a DEJ. The judge will then refer the case to the probation department for an investigation. During the investigation, probation officers will consider the following:

  • Family relationships.
  • The age and maturity of the child.
  • The child's educational background.
  • Treatment history.
  • The motivation behind the offense.
  • Other positive and negative factors associated with the offense.

The probation department can also decide which treatment programs are suitable if granted DEJ. If the evidence proves that the minor wouldn't benefit from the program, the judge will probably deny it.

When the court grants DEJ, it will order relevant terms and conditions suitable for the individual case. These conditions include:

  • Mandatory warrantless searches on the minor and places under their control.
  • Random alcohol and drug testing.
  • School attendance and curfew requirement.
  • Restitution.

Formal probation

If the court declares minors a "ward of the court," it can sentence them to the terms and conditions of informal probation. Sometimes the court allows wards to serve probation at home. However, the court usually finds placement in a group home or relative's home, including level 14 groups homes for emotionally disturbed minors.

The terms for formal probation include anything that can rehabilitate a minor. This includes:

  • Curfew restrictions.
  • Avoiding particular people.
  • Graffiti removal.
  • Mandatory participation in community services.
  • Restitution.

The court can also send minors to probation camps, especially those that need a better disciplinary structure. They will stay in these camps for three months to one year.

Commitment in the California Youth Authority

Akin to putting adults in prison, minors involved in severe penalties can be committed in the California Youth Authority. The court can only send children with recent adjudication for any 707(b) offense and other offenses requiring registration as sex offenders.

Find a Juvenile Delinquency Attorney Near Me

It's always advisable to seek experienced legal services whenever your child is facing juvenile delinquency charges. A reliable attorney will help mitigate the severity of the allegations and the long-term impact of these charges. At California Criminal Lawyer Group in Sacramento, we have extensive experience assisting juveniles and parents navigate the complex California juvenile justice system and achieve the best results possible. Contact us today at 916-775-7660 and schedule an appointment with us.