In the past decade, it has become more common for children to be referred to adult criminal courts for trial. Juveniles are treated as adults in the court system, without the special protections given to juveniles. If your child has been charged with a crime, contact our firm today to schedule a consultation with an attorney who will respond aggressively to your child's juvenile law matter.
Southern California Juvenile Justice Lawyers
At McGlinn & McGlinn, Attorneys at Law, our attorneys advocate for children and youth in a wide range of matters. Our goal is to help young people who find themselves involved in the juvenile justice system in cases involving juvenile crime, DMV hearings and California's Child Protective Services (CPS). Read about juvenile matters in the paragraphs below.
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How the Juvenile-Justice System Works
The juvenile-justice system is based on the adult criminal justice system. The goal of juvenile court may differ from criminal court, but the processes have similarities in application. Both systems are based on protecting society and holding law-breakers accountable for their actions. Children may be sent to juvenile court through a variety of ways: arrest, truancy, "running away", curfew violations or referrals from teachers, victims or parents. Depending on the jurisdiction and the availability of programs, some youths enter alternative rehabilitation programs instead of the juvenile court system. If your child is in the juvenile-justice system, contact McGlinn & McGlinn, Attorneys at Law in San Diego, California, today to schedule a consultation with an attorney who can help you to navigate through the complex juvenile-justice system procedures.
Stages of a Juvenile Case
Once your child enters the juvenile-justice system, he or she will go through the intake process, detention, adjudication, disposition and aftercare. The intake process is known as prosecution in the criminal courts. The prosecutor or the court will decide whether to file the case in juvenile court. They look at factors such as: the evidence of the offense, the seriousness of the offense, the youth's previous criminal/court history and how successful rehabilitation measures have been for the juvenile in the past. Based on legal and social findings, the case may be dismissed, handled informally or a formal hearing may be requested. In an informal disposition, the juvenile will agree to certain conditions for a specific period of time. There will be a signed agreement and a probation officer will monitor the youths' compliance with the agreed upon conditions. Some examples of conditions may include curfew, restitution, attending school, individual counseling, family counseling or community service.
During processing or prior to a formal disposition, the juvenile may be held in a detention facility. A secure facility will be deemed necessary if it is determined to be in the best interests of the youth or the community. Once at the detention facility, a detention hearing will be held by the court, within 24 hours, to determine if continued detention is warranted and appropriate. Detention may extend to the formal hearing, or even after adjudication. Once the process reaches formal disposition, a waiver to adult criminal court may be filed.
Adjudication and Disposition
Once the case reaches the formal hearing stage, the prosecutor will file a delinquency petition or a waiver petition. The delinquency petition is to request an adjudicatory hearing in juvenile court and a waiver petition is to transfer the case to adult criminal court. The court generally considers whether the youth may be helped by rehabilitative treatment in the juvenile system, has already been adjudicated a number of times with unsuccessful results or if the crime committed was so serious that the juvenile-justice system cannot rehabilitate the youth in the time period available to the court. Once the court makes a determination on the petitions, the youth will either stay in juvenile court or transfer to adult criminal court.
If your child remains in juvenile court, a adjudication hearing will take place. The judge will make a determination based on the evidence presented to the court. If the child is adjudicated as a delinquent, the disposition hearing will follow. At the disposition hearing the court will consider a disposition plan, or probation recommendations. The prosecutor and the juvenile may also present any agreement they have reached to the judge for his or her consideration. The judge's disposition decision is based on the plans presented to the court. The disposition plan may contain a variety of requirements, such as: counseling, detention center confinement, community service or restitution. The plan may be for a specific time period or the length of probation may be determined by monitoring the youth's progress. Depending on the state, the judge may also order the child to a juvenile correctional facility for rehabilitation. If placement in a correctional facility is ordered, aftercare will be mandatory after release. Aftercare is similar to parole, the child will be monitored by the court or the corrections department and actions will be taken if the juvenile does not meet the requirements of aftercare. If your child is involved in a information proceeding or formal hearing, you should employ a lawyer to assist you.
Talk to a Lawyer
A child involved in the juvenile-justice system faces many of the same challenges that an adult faces in the criminal-justice system. The child needs skilled legal counsel to help guide them through this process. To make sure your child has skilled counsel, turn to an experienced and knowledgeable juvenile defense attorney at McGlinn & McGlinn, Attorneys at Law in San Diego, California
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