When a child commits a crime, they also face consequences, just like adults. However, children go through a different court system than adults. Juvenile delinquency courts are designed to handle criminal cases involving minors. They are presided over by judges, who hear the evidence presented against a child to determine the proper disposition. Judges in juvenile delinquency courts do not sentence minors to punishment but treatment and rehabilitation. The goal is to give a juvenile offender a second chance to start life afresh, free of crime.
If your child is facing criminal charges in Palm Desert, the juvenile delinquency court process could be overwhelming to navigate alone. However, our competent criminal attorneys at Desert Defense Lawyers can help. We can also help fight for your child’s rights and best interests throughout all court processes.
An Overview of Juvenile Delinquency Courts
Juvenile courts are committed to adjudicating misdemeanor and felony crimes committed by juveniles or minors. They also handle status crimes like curfew violations and truancy. Status offenses are actions that only become crimes when juveniles commit them. Juvenile courts mainly handle criminal cases involving individuals aged between 12 and 17. Sometimes, they handle crimes by minors younger than 12. When children are involved in crime and are arrested by the police, their cases do not go through the same system as adult offenders. A juvenile court judge takes over the matter to determine the right course of action against the juvenile offender.
Typically, juvenile courts are a branch within the criminal justice system. However, they are part of a civil justice system that adjudicates cases. During juvenile delinquency or Section 602 proceedings, the judge hears and determines cases instead of a jury. They review the facts of the case, the evidence presented by a prosecutor, and the circumstances of the violation to determine the proper treatment or rehabilitation for the minor. The juvenile offender can defend their actions, which could influence the judge’s decision.
Judges do not declare minors innocent or guilty based on the evidence presented in a juvenile delinquency court. If the child is innocent, the judge dismisses the petition brought to the court by the DA. However, if they are guilty, the judge sustains the petition. If the latter happens, the judge will choose one among the many dispositions available under the juvenile justice system. Dispositions are like sentences or penalties in an adult criminal justice system. However, they differ from penalties or sentences because they are not meant for punishment but rehabilitation and treatment.
The juvenile justice system has many dispositions that judges choose from after sustaining petitions. The least of them all is informal probation, whereby a minor is allowed to serve probation while still under their parent’s care. If the probation ends successfully, the judge dismisses all allegations against them. In severe cases, minors are committed to detention facilities or juvenile halls. Although detention seems extreme for a minor, they must continue schooling and engage in other rehabilitative activities. Once the detention period is over, minors are released back to the community to begin a new life as reformed individuals.
Sometimes, a juvenile court can make a particular minor a ward. This means the court takes over the responsibility of the juvenile, including primary care, treatment, and decision-making. The parents of the court’s ward can participate in decision-making regarding their child, but the court has the final ruling regarding the minor. Wards of the court can serve a probation sentence at home with their parents. If not, the minor can be sent to a group home, foster care, or probation camp. This all depends on the nature of their violation and the circumstances of their case.
Remember that juvenile delinquency courts are mandated to rehabilitate juvenile offenders, not punish them for their crimes. Rehabilitation brings about changed behavior and attitude. It allows juvenile offenders to correct their behavior and start life afresh. It also helps them live a crime-free adult life. Thus, minors are allowed to receive treatment, get an education, and receive any service they require to move past the crimes. They are also reunited with their immediate family and reconciled with their communities.
However, there are sanctions in the juvenile justice system. Sanctions for juveniles who commit crimes are not designed to punish or for retribution. The court can sanction your child for impermissible behavior to discipline them and prevent similar conduct. Examples of sanctions you can expect once your child is taken to a juvenile delinquency court include the following:
- Participating in community service.
- Paying a court fine or restitution to victims.
- Attending victim impact classes.
- Being placed in foster care.
- Serving probation or parole and having to deal with stringent conditions and requirements.
- Being committed to a juvenile camp, hall, or ranch.
Juveniles Who Go Through Juvenile Delinquency Courts
Generally, individuals who commit crimes under 18 face trial in juvenile courts. However, there are exceptions, whereby some minors face trial in adult criminal courts. This exception applies in severe cases and only affects older juveniles (aged 16 and 17).
WIC 602 gives juvenile delinquency courts jurisdiction over crimes committed by juveniles or individuals under 18. Some adults can face trial under this system for crimes they committed when they were minors. For example, if your child committed a crime and was not arrested until 21, they will face trial in a juvenile court.
WIC 707(b) recommends some minors face trial as adults and not in a juvenile court under specific circumstances. If these circumstances apply to your child, a prosecutor can recommend a transfer to the juvenile court judge to transfer the case to an adult criminal court. The judge will hold a transfer hearing to determine the juvenile’s fitness in the juvenile justice system. If the hearing determines the minor is unfit for the juvenile system, the prosecutor will file charges against the minor in a criminal court. If found guilty, the minor will face sentencing and penalties as provided for adult offenders under the law.
However, your child has to be 16 and older to face trial as an adult in a criminal court. They must also face charges for grave felonies listed under WIC 707(b). Examples of these grave felonies include:
- Murder.
- Arson.
- Robbery.
- Sodomy.
- Lewd acts with a minor.
- Rape.
- Oral copulation through violence or force.
- Kidnapping for robbery or ransom.
- Attempted murder.
- Forcible sexual penetration.
- Assault using a deadly weapon.
- Assault causing a significant bodily injury.
- Discharging a firearm in an occupied space or structure.
- Voluntary manslaughter.
Additionally, the judge must consider other factors to determine a juvenile’s fitness to go through a juvenile justice system. These other factors include the following:
- How sophisticated the juvenile’s crime was.
- If there is a possibility for the minor to be treated or rehabilitated before the court’s jurisdiction over their case expired.
- The minor’s history of delinquency.
- How successful the court has been in the past to rehabilitate the juvenile.
- The gravity and circumstances of the offense the minor is alleged to commit.
Remember that juveniles below 16 cannot face trial in an adult criminal court. However, if your child committed a grave felony when they were 15 or younger and were not arrested until they were over 18, they can be tried in an adult criminal court and face sentencing as adult offenders.
Remember that a juvenile delinquency court has jurisdiction over your child’s case as long as they are minors. This jurisdiction terminates once your child turns 21. If your child commits one of the crimes listed under WIC 707(b) and is consequently committed to a juvenile detention facility, the court has jurisdiction over their case until the juvenile turns 25.
An Overview of Juvenile Delinquency Court Processes
Juvenile court processes in California start when a minor commits a misdemeanor or felony. The police arrest juvenile offenders the same way they do with adult offenders. However, they treat minors differently after that. The police can dismiss a juvenile offender if the violation is not severe or the circumstances of the case do not warrant an arrest. When that happens, the case ends right there. However, the case will turn out differently if the violation is severe. The arresting officer can hand the minor’s case to the probation department. This could result in the prosecutor filing a petition in a juvenile court.
Filing a petition against a juvenile offender is the same as filing a criminal case against an adult offender in a criminal court. The judge will review the case and hold a hearing to determine the circumstances and possible outcome of the matter. Several hearings follow the filing process, including the following:
- A detention hearing, whereby the judge decides if to detain the minor or release them to their parents pending the determination of their case.
- An arraignment, mainly for minors who are not in police or probation department’s custody.
- A transfer hearing to determine the minor’s fitness to face trial in a juvenile court. This mostly happens if the juvenile faces charges for a crime under WIC 707(b).
- A jurisdiction hearing, or the actual trial to determine the circumstances of the violation and the evidence against the offender.
- A disposition hearing to determine the course of action against the minor based on the evidence presented in court.
Each procedure must occur within a timeline after a minor’s arrest. Parents can attend all hearings and access information regarding their minor’s cases. In each process, the DA (and judge) will strive to reach an agreement with the juvenile’s attorney. The most preferable outcome is for the two teams to agree on the proper disposition against the minor. If any mistake is made during any of these processes, it could result in more hearings.
Possible Outcomes of a Juvenile’s Case in a Juvenile Delinquency Court
If the judge dismisses your child’s petition after a jurisdiction hearing, they will return the child to you. However, they will be warned against future conduct that could result in an arrest and petition filing. However, if the judge sustains the minor’s petition, there will be a disposition hearing to determine what will happen to the minor afterward. The juvenile delinquency court system has various dispositions or sentencing options for minors found guilty of criminal offenses. They include the following:
Informal Probation
This is usually considered for lenient cases. Judges often combine informal probation with diversion under WIC 725 and WIC 654. Your child can be placed on probation as the department monitors their progress and behavior change. The court will dismiss all their charges if they perform well during probations. Informal probation is usually available for lenient offenses like trespass and vandalism. The judge puts the minor’s case on hold to await a report from the probation department about the juvenile’s performance on probation.
Diversion programs are usually available before disposition to allow the juvenile to correct their behavior and attitude before stern action is taken against them. The judge dismisses the juvenile's case if the probation department achieves the desired results within the diversion period. The diversion program includes counseling and education. If the juvenile does not perform well, the probation department can initiate a formal proceeding with the court for the case to proceed from where it left off.
Deferred Entry of Judgement
This requires juvenile offenders to admit wrongdoing to the allegations against them. However, the court agrees to dismiss their charges if they enroll and complete a court-recommended program. This works almost the same as informal probation in that the judge puts the disposition on hold to allow the minor to receive the necessary rehabilitation and education. If they complete the program without incidents, the judge dismisses their case.
Juvenile courts use deferred entry on judgment for first-time felony offenders. However, the offense the minor is alleged to commit must not fall under WIC 707(b). The program lasts from 12 to 36 months.
Formal Probation
Juvenile courts also use formal probation to ensure offenders receive the necessary treatment and support to rectify their behavior and develop better attitudes. Formal probation mostly happens after a minor is declared a ward of the court. In this case, the court can place them on probation for a particular period, whereby they can return home or be placed in a group camp. Sometimes, courts place minors with their relatives if their home environment is unsuitable. Formal probations are followed by a list of probation terms and conditions for the minor to adhere to. Examples include the following:
- Curfew restrictions.
- Mandatory requirement to attend school.
- Mandatory drug and substance abuse or addiction counseling.
- A requirement to avoid meeting up or hanging out with some people.
- Participating in community service.
- A requirement to remove graffiti.
- Paying restitution to the crime victims.
If your child requires a higher level of structure, the court can send them to a probation camp for one year or less. These camps are usually dormitory-based and have structured daily schedules involving treatment and education programs.
Note that juvenile delinquency courts do not send minors to adult prisons. A minor can only be sentenced to prison if tried as an adult after committing a grave felony under WIC 707(b). However, juvenile courts use detention facilities, which are more or less like adult prisons. When your child is locked up in one of these detention facilities, they must remain there for the court-recommended period. However, these facilities are different from prisons because minors continue their learning and engage in other activities to transform their behavior and attitude.
Long-term Consequences of Juvenile Adjudication
Sadly, juvenile adjudications follow minors into their future and can impact all aspects of their lives. Although some processes, like an arrest of a minor, can be sealed and not resurface in their adult life, other processes, like sustained petitions, can resurface and affect the minor’s future. For example, a sustained petition for a grave offense can be a strike under the Three Strikes Law. This means it will affect the minor’s future sentencing if they commit another grave felony in their adult life.
Additionally, some court rules allow adult criminal courts to consider juvenile adjudications when determining some cases. A judge can use your juvenile criminal record to determine your sentencing or probation qualification.
Some juvenile adjudications can also result in a requirement to register in the sex offender registry. Your loved one can also be labeled a sexually violent predator when they are still minors. Labels like these do not quickly disappear and will impact the minor’s future.
Find Competent Criminal Defense Services Near Me
Is your child facing criminal charges in Palm Desert, and are you worried about the outcome of their case?
Partnering with a skilled criminal defense attorney should be a priority. An attorney will ensure you understand all juvenile delinquency court processes, what to expect in every process, your rights, options, and your child’s rights. They will also help you develop a defense strategy that will compel the court to rule favorably in your child’s case.
At Desert Defense Lawyers, we understand how difficult it is for you and your family for your child to face criminal charges. We can work with you to ensure you remain calm and well-informed about your child’s case. We can also use the best defense strategies to compel the court to rule fairly in your child’s case. Call us at 888-293-0396 to learn more.
