Juvenile Crimes Attorney Los Angeles

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juvenile offenders

A person who is under the age of 18 is classified as a juvenile for legal purposes. However, a juvenile offender can easily be facing adult-like consequences in many circumstances. A criminal conviction can have very serious and long lasting repercussions for the youth, including limited employment opportunities and loss of driving privileges. If your child has been arrested, don’t wait. Call us now to get a skilled Los Angeles Juvenile crimes attorney on your side to make sure your child’s rights are protected.

In the Juvenile system, criminal conduct is recharacterized under the theory that juveniles are amenable to rehabilitation, and the system’s goal is to reform criminal behavior. Youth offenders tried in Juvenile Court are not found “guilty” like adults – the petition against them (the charging document) is either sustained or not sustained. That is not to say that a juvenile won’t be facing serious consequences for criminal conduct. If the petition is sustained, juveniles can be sentenced to probation, removal from the home, placement in a youth camp run by the probation department, or detention in California Youth Authority up to age 25.

If your child has been arrested, here is what will happen:

1.

After being arrested, the officer will bring him or her to the police station to evaluate the situation. The police will either:

  • Immediately release the juvenile;
  • Release the juvenile to parents with a citation to appear in court; or,
  • Transfer the juvenile to Juvenile Hall. There are some offenses that have mandatory detention, but by law, juveniles cannot be housed with adults.

2.

Once at Juvenile Hall, the youth is under the supervision of the probation department, who will then prepare a report about the juvenile and alleged crime, and can either:

  • Place the juvenile on informal probation;
  • Send the minor home on home supervision; or,
  • Submit a petition to the District Attorney to have the juvenile officially charged with the offense.

3.

The probation department can also continue the juvenile’s detention under the following conditions:

  • Lack of parental care
  • Homelessness
  • Unfit home
  • For protection of the minor and for protection of the public
  • Flight risk
  • By court order

4.

Once a Petition has been submitted to the District Attorney’s Office, they can reject the case, hold for further investigation, place the youth offender on probation, or file charges.

  • If charges are filed, there must be a detention hearing within 48 hours of arrest and 24 hours after filing.
  • Extremely violent offenses such as murder often require mandatory filing in adult court. The District Attorney has the discretion to file charges in adult court if the minor is charged with a crime that is punishable by life in prison or death, gun crimes, or the youth has a prior sustained petition for a gang-related crime, a hate crime, or a crime against a particularly vulnerable victim.

5.

If charges are filed, the next step is a Detention Hearing, where the juvenile court will decide if there is enough evidence the alleged crime.

6.

If the juvenile is charged with a serious or violent crime, the court will next hold what’s called a Fitness Hearing to determine if the youth should remain in juvenile court or be transferred to adult court. The judge will consider:

  • The degree of sophistication of the minor
  • Whether the minor can be rehabilitated before expiration of court’s jurisdiction
  • Any prior delinquent history
  • Success of prior attempts at rehabilitation, and
  • The particular circumstances of the offense.

juvenile justice system

If the court finds any one of these factors is demonstrated by a preponderance of the evidence, then the juvenile is “not fit” for juvenile court, and the case will be sent to adult court for adjudication.

Age, maturity and education are also factors the court may consider when deciding what to do with your child’s case, and an attorney is necessary for these facts to be properly presented to the court. Your child does not have the Constitutional rights that you have as an adult. For example, juveniles do not have the right to a jury trial and the proceedings are conducted in closed courtrooms, which means they are not subject to public review.

If your loved one has been arrested as a juvenile offender, contact us now and let our Los Angeles juvenile crime lawyer help you through this challenging time while fighting to protect your child’s rights.


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