Adults are not the only ones who make mistakes. Children and teens can also, and it’s too easy to find themselves on the wrong side of the law. Peer pressure, crimes of opportunity, or simply being in the wrong place at the wrong time could leave your child facing criminal charges.
In that instance, hiring an experienced juvenile defense lawyer is essential. Of course, most parents and guardians have little experience in this area. You can begin by searching online for a "juvenile lawyer near me," but understanding the criminal justice process will reveal what your child faces.
What should you look for when hiring a juvenile defense lawyer? How does the juvenile justice system even work? What should you know about your child going to juvenile court? These are just some of the questions you’ll need to answer. Below, we’ll outline what you must know about finding an experienced juvenile attorney to represent your child and fight for the best possible outcome.
What Happens If Your Child Is Arrested?
In California, being arrested as a youth has many different meanings. Multiple things can happen depending on the situation, your child’s actions and demeanor, and the discretion of the arresting officer(s).
For instance, the officer may decide to record the arrest but allow your child to go home. They will later be served with a Notice to Appear but will not otherwise be detained. The officer may also send your child to a juvenile facility/agency for shelter, care, or counseling.
The third option is that your child will be “cited back,” which involves making your child return to the police station. Finally, the officer can detain your child in a juvenile correctional facility. In this situation, your child is allowed at least two phone calls within the first hour. One of those calls must be to a parent or guardian. The second call must be to a lawyer.
Can My Child Hire a Juvenile Defense Lawyer?
The simple answer here is “no.” Minors under the age of 18 are not allowed to enter legally binding contracts, which means they cannot hire their own juvenile lawyer. The same principle is why juveniles under 18 cannot take out loans. However, they can contact an attorney to begin the representation process after an arrest.
It is up to the parent or guardian to hire a juvenile defense attorney for their child. If the parent or guardian does not or cannot hire a juvenile attorney, then the court will appoint a public defender. However, public defenders are not necessarily well-versed in juvenile law. Working with a skilled juvenile defense attorney is always a better idea.
Parents and guardians need to understand that while they are the ones hiring the attorney, a juvenile lawyer represents and speaks for their child. The juvenile lawyer does not speak for the parent or guardian. For some, this can come as a shock but understand that, while involved in the situation, it’s ultimately between their child and the juvenile court.
Does My Child Have Miranda Rights?
Yes, every American has Miranda rights. Your child is no exception. Any police officer wishing to speak with your child about the incident must first inform them of their legal rights.
If your child is 17 or younger, they must speak with a juvenile attorney before being questioned by police if they are being held in custody for interrogation. It’s important to understand that your child cannot waive this right. However, some situations supersede this right, including emergencies.
What Are My Rights as a Parent or Guardian If My Child Is Arrested?
While the arrest and subsequent process are between your child and the police and juvenile court, parents and guardians have rights in these situations. They are as follows:
- The police must inform you when your child is arrested/detained.
- The police must tell you where your child is located and their rights.
However, mitigating factors will come into play here. For instance, the location, type of crime, and time of day the arrest was made will all affect how soon police can inform you.
What Are My Responsibilities as a Parent or Guardian if My Child Is Arrested?
While parents and guardians have rights that must be respected if their child is arrested, they also have legal and financial responsibilities that may include:
- Arranging and paying for a juvenile defense lawyer.
- Paying the victim if the juvenile court orders restitution for loss or damage.
Who Is Considered a Juvenile in the Eyes of the Law?
Anyone under the age of 18 is considered a juvenile under the law. Even if your child turns 18 soon, they are still considered a juvenile. Additionally, as long as they were 18 when the crime was committed, they should still be tried as a juvenile when the case goes to juvenile court.
And yet, things are not always so simple. For instance, California law states that children under 16 cannot be tried as adults. However, that can be waived if the judge deems the child unfit for rehabilitation or educational consequences. Prosecutors can and will request fitness hearings if they feel the crimes are serious enough for your child to be tried as an adult.
The Most Common Criminal Charges for Juveniles
While the situation in each state differs, there are many commonalities regarding kids and the juvenile justice system. The most common criminal offenses are:
- Assault
- Larceny
- Illegal purchases
- Drug and alcohol crimes
- Violent crimes
- Sexual offenses
- Status-related crimes such as truancy
- Vandalism
Are All Juvenile Crimes Considered Minor?
Most juvenile crimes are considered misdemeanors, not felonies. Sometimes, though, juveniles may face serious criminal charges, including felonies.
However, the point of the juvenile justice system differs from the adult justice system. With adults, the goal tends to be punishment, and rehabilitation is often a lower priority. With juveniles, that is not the case. The goal is to rehabilitate and help young people learn and grow, avoiding an adult criminal history.
To that end, sentencing for juveniles is very different from adults. For instance, a juvenile might be sentenced to some time in a juvenile detention facility, as well as mandatory counseling, community service, and other activities designed not just to punish them for their infractions against the law but to learn and develop new skills and ways of thinking.
With that said, a conviction can have long-lasting ramifications for your child. This rings true even when the prosecution attempts to try the juvenile as an adult, in which case they receive no protection from the juvenile criminal code.
Understanding the Court Process
Your child’s court case will begin with the probation department or the district attorney filing a petition. This petition document explains what the state claims your child did and asks the juvenile court system to get involved. If the judge decides the petition is true, the case will proceed.
Depending on the situation, the probation department or district attorney’s office can file a 601 or a 602 petition. The former is less commonly used and is generally reserved for status-related charges, such as truancy, breaking curfew, and other charges that are only crimes because your child is underage. A 602 petition, on the other hand, is used when the alleged action would be a crime if they were an adult, such as theft, drug/alcohol crimes, murder, or rape.
The next step is usually a pretrial conference. During this time, the attorneys will discuss evidence, file motions to ask the judge to make decisions, or even promote a settlement agreement. A transfer hearing may also be held if your child is over 15 and is accused of a serious crime. This is when the judge decides if they should be tried as a juvenile or an adult.
A jurisdictional hearing is held next to determine if a trial is necessary. A trial may be avoided if your child admits to some or all the charges. If it goes to trial, there will be no jury. A judge alone decides your child’s guilt or innocence based on the evidence and arguments presented by both attorneys.
Finally, there is a disposition hearing. This is when the judge pronounces the punishment/outcome of the case and whether your child can remain at home or must be transferred to a probation camp/ranch, another relative’s home, or a secure facility.
Are Juvenile Criminal Records Sealed?
Yes, juvenile criminal records are sealed in the state of California. However, they are only sealed from the public. That means most people cannot access these records, but many others can and will use this information against your child in the future.
Just some of the people who will be able to access a juvenile criminal record after the juvenile offender becomes an adult include:
- Potential employers
- Landlords
- State licensing authorities
- School officials
- Judges
This means that a child convicted of theft as a teenager could be denied a job at age 21 because the employer considers them too risky to employ. A young adult could be denied a lease or rental agreement due to a juvenile offense. It might also prevent them from entering specific schools or embarking on a rewarding career.
The only way to ensure that a juvenile criminal record does not wreak havoc on your child’s life long into adulthood is to have the record sealed and destroyed under WIC 781.
In Conclusion
If your child has been arrested, they deserve experienced representation. Navigating the juvenile justice system is not something that parents and guardians should attempt on their own, and your child certainly should not be left to its mercy. A knowledgeable juvenile defense lawyer will help your child understand the situation and their options and work with you to achieve the best possible outcome for the child’s case.
Joseph T. Rhea has many years of experience as a criminal lawyer in Palm Springs, California. From simple vandalism cases to more complex situations, he will fight for your child’s rights under the law. If your child has been arrested or has been served with a Notice to Appear, contact the Law Office of Joseph T. Rhea to discuss your child’s defense.
Source:
https://www.weinsteininjurylawyer.com/criminal-defense/juvenile-crimes/
https://www.muscalaw.com/criminal-defense/juvenile-crimes
https://www.goldmanwetzel.com/florida-juvenile-defense-attorneys/
https://www.hg.org/legal-articles/most-common-juvenile-crimes-47362