Juvenile court proceedings begin when a minor is arrested. If law enforcement determines that detention is necessary, the minor may be taken to juvenile hall and face charges in juvenile court.
Who Can Be Charged in Juvenile Court?
To be charged in juvenile court in California, the individual must generally be under 18 years of age. However, in certain cases, a person who is 18 or older can still be tried in juvenile court if the alleged crime was committed when the individual was still a minor (under 18).
Can a Juvenile Ever Be Tried in Adult Court?
There are circumstances where a juvenile may be tried as an adult, particularly if the individual is 16 or 17 years old. For a 16 or 17-year-old to be tried as an adult, the crime must fall under the list of offenses specified in Welfare and Institutions Code section 707(b). Some of these “707(b) offenses” include serious crimes such as murder, rape, robbery, and arson.
Juvenile Court Uses Different Terminology
Juvenile court does not refer to the individual being charged as the “defendant,” but rather as the “minor.” Additionally, rather than a “complaint” with charges, there is a “petition” brought against the minor. These are just a few examples of the key differences in terminology between criminal court and juvenile court.
You Can’t Get “Bailed Out” of Custody as a Juvenile
While release conditions may apply, there is no bail in the juvenile court system. If a minor is detained in juvenile hall, their parents cannot bail them out. Instead, a “detention” hearing will determine whether the minor is released to their parents or placed into a program.
There Are No Jury Trials in Juvenile Court
In adult court, a defendant has the right to a jury trial, but this is not the case in juvenile court. If the case proceeds to trial (called an “adjudication”), the case is heard by a judge who will decide whether the prosecution has proven the charges beyond a reasonable doubt.
Hearings Are Not Open to the Public in Juvenile Court
Unlike adult court, where hearings are generally open to the public, juvenile court hearings are typically only for the involved parties and close family members. The intention is to provide privacy and confidentiality for the minor involved in the case.
Parents/Guardians Play a Significant Role in Juvenile Court
In juvenile court, it is common for the judge to ask parents or guardians about the minor’s behavior. These answers can significantly influence the judge’s decisions regarding the case. This is in stark contrast to adult court, where such questions are rarely posed to the defendant’s family.
Sentences/Punishments in Juvenile Court Are Less Harsh Than in Adult Court
In adult court, a minor may be sentenced to life in prison. However, juvenile court has a maximum jurisdictional limit. For example, if a minor is convicted of a serious crime, the court loses jurisdiction when the minor turns 21. In cases involving a “707(b) offense” (serious or violent felony), where the minor is committed to a juvenile prison, the court’s jurisdiction expires at age 25. This means the juvenile court system cannot impose a sentence that extends beyond these limits.
For instance, a 15-year-old convicted of murder (who cannot be charged as an adult because they are under 16 or 17) would be sentenced for no longer than ten years, as they would reach 25 years old before their sentence could legally extend further.
Minors under 14 years of age who commit nonviolent felonies may qualify for a “deferred entry of judgment program,” which could result in a complete dismissal of the charges after up to three years of probation. Additionally, informal probation may be available for minors younger than 14 charged with less serious crimes. These options can lead to the case being dismissed without the minor having to admit guilt.
Juvenile Criminal History Typically Cannot Be Used Against You in Future Convictions
Unlike adult criminal records, juvenile adjudications (or convictions) generally cannot be used against an individual in future criminal cases. However, California’s Three Strikes Law allows for serious or violent felonies committed by minors aged 16 or 17 to count as a strike, which can be used for criminal sentence enhancements in adult court.
Juvenile “Convictions” Do Not Count as Convictions for Immigration Purposes
Under the federal Immigration and Nationality Act (INA), non-citizens can be deported if convicted of certain crimes. However, juvenile “convictions” do not have the same immigration consequences as adult convictions. While juvenile adjudications are not technically considered “convictions” for immigration purposes, they may still be considered in deportation proceedings or as grounds for denial of entry.
If your child is facing charges in juvenile court, it’s crucial to understand their rights and options. The consequences of a juvenile conviction can have long-lasting effects, and you need an experienced attorney to guide you through the process. Contact Carolyn L. Oliver | Criminal Defense Law Firm at (858) 456-3572 to schedule a consultation today.
Dislaimer
The contents of this article and blog are intended for informational and marketing purposes only and do not constitute legal advice. Viewing and/or using this blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
