What Happens if My Child is Charged With a Crime in California?

When a child breaks the law and is between the ages of 12 and 17, they will most likely face a wide array of penalties. However, California juvenile courts generally have jurisdiction over minors between the ages of 12 and 17, as Children under the age of 12 typically cannot be adjudicated delinquent except in limited circumstances involving certain crimes. Don’t make the mistake of navigating these waters alone, for your child’s future may be at risk. If your child is currently charged with a crime, you need a compassionate and seasoned Tehama County juvenile crimes lawyer on your side. Here are some of the questions you may have about the legal process ahead:

How Does the Juvenile Court Process Work in California?

When a child is accused of a criminal offense, the matter is generally handled through the juvenile court system rather than the adult criminal court. The juvenile system focuses on rehabilitating children rather than punishing them. However, there are still serious consequences that can arise anytime a child is charged with a criminal offense.

In California, juvenile delinquency proceedings are typically governed in accordance with Welfare and Institutions Code § 602, which grants the juvenile court jurisdiction over minors who are charged with criminal offenses. Under limited circumstances, Welfare and Institutions Code § 707 allows the juvenile court the authority to transfer the cases to criminal court.

California Juvenile Court Process

• A law enforcement officer arrests or issues a citation to a child
• The child may be released into the custody of a parent or guardian, or held in a juvenile detention center
• A detention hearing will take place to determine how long the child should be held
• The prosecutor will file a petition rather than criminal charges
• A hearing will take place to determine if the allegations in the petition are true
• If they are true, the child will become a ward of the court
• A dispositional hearing will then occur, in which the consequences are determined

What Happens at Each Stage of a Juvenile Case?

Following an arrest in Tehama County, the court process will proceed through a number of defined stages. Understanding what happens at each stage is critical to fight for the best possible outcome.

Detention Hearing

• The judge will determine if the child will remain in custody
• The court will consider:
  • The risk the child poses to the community
  • If the child is a flight risk
  • The severity of the alleged incident
  • If the child has a prior criminal record
• The child may be released to a parent or guardian under supervision

Jurisdictional Hearing

• Evidence will be presented by both sides
• Any witnesses may be called to testify
• The judge will consider the evidence and determine if the allegations are true
• If sustained, the child will be adjudicated as a Ward of the Court

Being declared a Ward of the Court essentially means that the juvenile court assumes legal authority and control over the minor’s rehabilitation and supervision. This allows the court to impose probation conditions, placement decisions, and program requirements.

Dispositional Hearing

• The judge will determine what consequences are appropriate
• Potential outcomes include:
  • Community service
  • Counseling
  • Formal probation
  • Treatment
  • Victim restitution
  • Placement in a Juvenile Hall
  • Commitment to a state rehabilitation facility

How Does California Categorize Children Charged with Crimes?

Because the California juvenile justice system functions independently of the adult criminal system, it’s important to understand that the language used in the juvenile court differs. As such, instead of being “convicted,” juveniles are “adjudicated.” Similarly, petitions, when successful, are considered “sustained.”

Categories of Juvenile Offenders

• Informal Probationers
  • Generally, those accused of less serious offenses
  • Typically, enter diversion programs like counseling or rehabilitation
  • May avoid formal adjudication
• Status Offenders
  • Curfew violations
  • Turancy
  • Incorrigibility
  • Generally handled through probation supervision
• Criminal Offenders
  • Charged with adult crimes
  • Subject to detention and court adjudication
• Juveniles Remanded to Superior Court
  • Considered unfit for juvenile rehabilitation
  • Can face adult criminal proceedings

Can a Child Ever Be Tried as an Adult in California?

In instances where a child is accused of a serious criminal offense, a minor may face adult prosecution. This is because California allows the transfer from juvenile court to adult court under limited circumstances.

When Transfer to Adult Court May Occur

• The child is 16 or 17 years old
• The court deems the child unsuitable for juvenile rehabilitation
• The offense is a serious or violent felony
• Crimes may include:
  • Rape
  • Murder
  • Attempted murder
  • Armed robbery
  • Kinapping

In the event a child’s criminal case is transferred to adult court, they can face adult sentences if convicted.

What Are the Potential Long-Term Impacts of a Juvenile Record?

While many juvenile records are confidential, meaning they are sealed and only accessible to law enforcement, social services, and those involved in the case, the impact of an adjudication can carry lasting impacts.

Collateral Consequences

• School disciplinary consequences
• Impact on admission to college
• Lost driving privileges
• Barred from military service
• Immigration consequences for non-citizens
• Potential enhancements for subsequent criminal offenses

What Happens in Tehama County Juvenile Court?

In most instances, juvenile petitins win Tehama County are reviewed and filed by the Tehama County Court District Attorney’s Office following an investigation by local law enforcement.

If your child has been charged with a criminal offense in Tehama County, the case will generally proceed through the Tehama County Superior Court Juvenile Division. As such, working with a local criminal defense attorney who is familiar with local processes and local prosecutors can help establish an effective defense strategy to fight for the best possible outcome.

Local Court Process Considerations

• Detention hearings are generally scheduled shortly following an arrest
• Probation officers have a considerable role in recommendations
• Diversion programs may be available for certain first-time offenders
• Judges will consider rehabilitation progress when determining disposition

Contact Our Experienced Tehama County Firm

If your child is facing a criminal charge, whether at the juvenile or adult-level, it is imperative to connect with an experienced criminal defense attorney with Cohen Criminal Law. Our team understands how difficult and overwhelming these matters can be, as well as the impact they can have on your child’s future. That is why our firm is committed to helping you fight for the best possible outcome. Contact us today to learn how we can represent your child.