Los Angeles Juvenile Defense Lawyer
Qualified and Experienced Juvenile Defense Attorney
Juvenile crimes in California are no minor matter and should be taken very seriously. If your child is charged with a crime, you should immediately contact a Los Angeles criminal lawyer who is experienced in the juvenile courts. Early intervention is very important in juvenile cases.
Every year lawmakers, voters, and the courts impose harsher and harsher penalties on children for conduct that used to be seen as “part of growing up.” Writing on the bathroom wall at school is now “tagging” and may raise suspicions that your child is in a street gang. Schoolyard fights and possession of small amounts of drugs are irrationally charged as felonies with potentially life-changing consequences. Certain crimes can never be expunged from your child’s record and may count as adult “strikes” under California “three strikes law.”
Even worse, minors do not have the right to a jury trial in juvenile cases. Judges or similar court officials decide a child’s guilt or innocence and decide the punishment. And make no mistake, the punishments can be severe.
Penalties and consequences of juvenile crime may include:
You may be angry at your son or daughter and you may want the police and the juvenile court to “teach your child a lesson.” But as a parent, you need to realize that if your child is caught up in the juvenile court system, the courts , the probation department, and the police will be keeping an eye on you too.
There are Three Phases of a Juvenile Delinquency Case: The Detention Hearing and Arraignment, The Jurisdictional Hearing and the Disposition Hearing.
Arraignment & Detention Hearing: At an arraignment and detention hearing, the court informs the parents and child of the charges that were filed against the child. The court also decides if the child will be detained in juvenile hall or sent home with the parents. Since bail is not posted in juvenile cases, the court decides , it is up to the court to decide whether or not to detain a minor in juvenile hall. In deciding whether to send the child home or not, the court considers the following factors:
1) The likelihood of flight
2) The protection of the minor
3) The safety of other people and protection of their property
To make this decision, the court uses a report prepared by the probation department. At the hearing, the court will also ask the parents questions about their child’s behavior and school performance. The response from the parents carry a great deal of weight. It is essential that your child’s attorney bring any positive evidence regarding your child to the detention hearing (favorable letters rom teachers or employers, report cards showing good grades, letters of support from people in the community).
Jurisdictional Hearing: This is the same thing as a trial in adult court. A child has a right to this hearing within 15 days of the detention hearing if he or she is detained in juvenile hall or within 30 days if he or she is not detained. Unlike adult court, there is no right to a jury. This means a judge (or similar bench officer) will hear the evidence and decide the child’s guilt or innocence.
Disposition Hearing: This is the equivalent of a sentencing hearing in adult court. At this hearing, the court decides what the “disposition” (or sentence) for the child will be.
PROBATION CONDITIONS IN CALIFORNIA JUVENILE DELINQUENCY CASES
In juvenile delinquency cases in Los Angeles County and throughout California, there are two kinds of probation: “Wardship Probation” and “Non-Wardship Probation.”
If Your Child is Declared a Ward of the Court
If the court declares your child a “ward of the court” then “wardship probation” will be imposed. If your child is allowed to stay in the family home, this is known as “Home on Probation or “H.O.P.” in the Los Angeles County Juvenile Court. Under wardship probation, the court has the discretion to impose a wide variety of probation terms as long as they are reasonably related to the nature of the offense and “rehabilitiaiton” of your child. These terms will always include school attendance, counseling (the court can order counseling for the minor and the parent), and curfew restrictions. The court may also order drug testing and payment of restitution to the victim.
If your child is a ward of the court, the court has the power to remove your child from the family home if one of the conditions under Welfare and Institutions Code 726(c) are met:
- The minor’s parent or guardian has failed to provide, or is incapable of providing, proper maintenance, training, and education;
- The minor has been on probation in the physical custody of his or her parent or guardian and has failed to reform; or
- The minor’s welfare requires removing the minor from the physical custody of the parent or guardian.
If the court orders the minor removed from the home, the court can place the child in a group home or foster home. If the court feels the need that the child needs more oversight from the probation department, your child could be sent to a probation camp.
Non-Wardship Probation
If your child is not declared a ward of the court, he or she can still be put on “non-wardship probation” under non-wardship probation, the court cannot remove your child from the family home. If the minor completes a non-wardship probation successfully, the charges are dismissed.
There are 4 non-wardship probation options
Informal Diversion. The police or arresting agency refer the case to an informal diversion program. A case is never filed and charges are never brought. The police will refer the case to a service agency that provides informal diversion (such as informal victim/offender resolution, “teen court” or other similar programs). Your minor will never see the inside of a courtroom, these matters are handled before the case is ever referred to a District Attorney. See Welfare and Institutions Code 626(b).
Informal Diversion Through The Courts (often referred to as “654″). If a case is filed, the District Attorney and/or The Court may agree to informal diversion. In this situation, a minor does not admit guilt of the charged offense and will have six months to complete terms and conditions of probation that the court will order. These conditions usually include psychological counseling, community service prinects, satisfactory academic performance in school, and possibly random tests for drugs and alcohol. If your child cannot meet these conditions within six months, the court will likely extend the informal diversion period as long as it does not exceed one year form the time the alleged crime was committed.
Six month Misdemeanor Deferred Entry of Judgment (often referred to as “725″) . If your child is charged with a misdemeanor, he or she may be available for a deferred entry of judgmenet period that will last six months. Your child will admit the offense (equivalent of a guilty plea in adult court) and the court will impose certain terms and conditions of probation which must be completed in six months. . If the terms and conditions of probation were not satisfied, the court may declare the minor a Ward of the Court and putting him or her on “HOP.”
One Year Deferred-Entry of Judgment (often referred to as 790). If your child is charged with a felony, that is not a “serious or violent felony” and your child has never had probation revoked previously, the court may order one year defeered entry of judgment. This works the same way as 725, but it lasts for 12 months instead of 6 months. The court does have the discretion to extend beyond 12 months. If the minor satisfied the court ordered terms and conditions of probation, the case will be dismissed. Otherwise, your child will likely be declared a ward of the court. To qualify for 790 the child must be at least 14 at the time of the first court date.
IT IS IMPORTANT TO ACT QUICKLY IN JUVENILE CASES.
The juvenile criminal system moves very fast, you should immediately contact a skilled and qualified juvenile criminal defense lawyer immediately to discuss your child’s case. Attorney Jerod Gunsberg is an experienced juvenile defense attorney with an in-depth knowledge of Los Angeles and California juvenile laws. Call 310-210-0744 for a free consultation about your child’s Los Angeles County juvenile case.
