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In juvenile law, the criminal process isn't
like that of adults. Instead of being charged with a
specific crime, juveniles are usually charged with being a delinquent
or engaging in delinquent
behavior. The case is brought before a juvenile court judge who
sentences the delinquent.
Juvenile court's sole purpose is no longer to rehabilitate;
it is to punish young offenders.
Juveniles have different rights than adults, too. They don't have
the right to a trial by jury. If a
juvenile is accused of committing a very serious offense, such as
murder or rape, the District
Attorney, with the judge's permission, may decide to try the offender
as an adult. The minimum
age for a juvenile to be tried as an adult is differs from state
to state, but can be as young as
fourteen. Helping a minor who is charged with a crime requires specialized
experience in order to
protect that person from the overwhelming power of the government.
The defense of a juvenile
case is a team effort: you and your attorney are that team.
If your child has been arrested, the first thing you need to do
is find out why he or she was
taken into custody and what needs to happen for the child to be
released.
A minor who is found guilty of committing a crime may be declared
a "juvenile delinquent,"
and the judge then determines what action would be appropriate.
The youth may be sent to
a reform school or another public institution, placed in a foster
home, or returned to his or her
parents and placed on probation.
If your child has been charged with a minor misdemeanor, and this
is his or her first offense,
it may not be necessary to retain an attorney. However, if your
child has been charged with
a felony, a major misdemeanor, or a second charge for any misdemeanor,
it is imperitive that
you consult with an juvenile defense attorney.
Make sure you choose someone who is dedicated to working in your
best interests and with whom you are comfortable.
Detention Hearing
A minor does not get released on bail but can be released on his
own promise to appear.
If you are taken into custody, the court holds a hearing to determine
if you will be released.
At this first court hearing, you are advised of your constitutional
rights:
1) You have the right against self-incrimination, known as the right
to remain silent.
2) You have the right to subpoena witnesses and evidence in your
own behalf, and to
cross-examine witnesses.
3) You have the right to an attorney.
4) You have the right to a court trial.
The criminal charges against you are called allegations and are
contained in the petition
presented to the judge. At the detention hearing, you must either
deny (plead "not guilty")
or admit to (plead "guilty") the allegations of the petition.
You may also be able to negotiate the
language of the petition.
Jurisdictional Hearing (Trial)
This is when the groundwork your attorney has prepared and his skill
in presenting your defense
to a judge come together. Your attorney needs to be an aggressive,
highly trained trial attorney
in order to protect you and your rights in the face of the oppressive
power of the government.
The prosecution must prove beyond a reasonable doubt that the allegations
of the petition are
true. If the prosecution does not accomplish this, the petition
must be dismissed.
Disposition Hearing
If the allegations of the petition are found to be true (i.e., that
you are guilty), the judge can
grant probation, give you time in Juvenile Hall, send you to Youth
Camp, send you to a Foster Care
Home, or send you to the California Youth Authority (Children's
Prison).
Juvenile Court was once used exclusively as a means of rehabilitation
for minors. Now it is also
used as a means of punishment. A juvenile can receive the same maximum
sentence as an adult
does for a crime. The only sentences the judge cannot give are the
death penalty or life without
the possibility of parole.
The disposition hearing is crucial because it can mean the difference
between probation or a
term in the California Youth Authority. Your defense attorney can
present witnesses, evidence
and even a "defense probation report" to help protect
you.
Remember, even if the battle of a trial is lost, the war can still
be won at the disposition
(sentencing) hearing. If you are guilty of a crime, the disposition
hearing is the entire war.
Your attorney must not only be a good trial attorney, but must be
expert at persuading the judge
to give you a favorable sentence.
Progress Reports
The judge monitors your case at six- month or one-year intervals
until you are released from
being a ward of the juvenile court.
Probation Violations
If you violate a condition of your probation, the judge can re-sentence
you up to the full term
in the California Youth Authority. The judge must decide if it has
been shown by a preponderance
of the evidence that you violated a condition of probation. If you
are found in violation of
probation, a new detention hearing is held.
Sealing Police Records
For sealing police records, all juvenile records are closed and
confidential at the court's discretion.
The juvenile court may expunge or destroy the records of a juvenile
at any time. However, in
many states, the juvenile court is usually required to destroy the
juvenile's court records when the
juvenile reaches legal age. The importance of destroying the records
becomes evident when
the juvenile attains legal age because the judgment in juvenile
court is wiped away and gives the
juvenile a chance at a fresh start.
There are very strict criteria for sealing police records or sealing
court records. Many jurisdictions
differ in the rules and criteria needed to expunge a felony. This
is why it is important to find a
criminal defense professional you trust, to walk with you through
the judicial steps of
expungement. An experienced juvenile defense lawyer can tell you
if you are eligible, how
long it will take to expunge the record and what it will cost.
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