Is Your Teen Facing Criminal Charges? Call 24/7 to Start Building Their Defense
Juvenile criminal cases are fundamentally different from adult criminal cases, with the juvenile justice system placing greater emphasis on rehabilitation and the child’s circumstances. If your child has been accused of a crime in San Diego County, you need a juvenile defense attorney experienced in this unique court system to help protect your teen’s rights and future.
Lawyer Peter M. Liss has over 40 years of experience representing teens and young adults accused of offenses ranging from vandalism to drive-by shootings. If your child has been accused of a crime, call (760) 643-4050 to schedule a free initial consultation at his Vista criminal defense office.
What Types of Juvenile Cases Does Peter Liss Handle?
Vista and San Diego juvenile criminal defense lawyer Peter M. Liss can represent clients accused of all types of criminal offenses, including:
- Juvenile DUI
- Property Crimes, Including Vandalism and Arson
- Drug Crimes, Including Marijuana Possession
- Driving Crimes, Including Driving Without a License
- Violent Crimes, Including Gang Crimes, Bullying, and Assault
- Weapons Offenses
- Sex Crimes, Including Sexual Assault
- Juvenile-Specific Offenses, Including Minor in Possession and Truancy
- Theft Crimes, Including Shoplifting and Joyriding
- Cyber crimes, including hacking, doxing, and swatting
Why Hire a Juvenile Defense Attorney?
Always work with someone experienced in these specialized cases. Hiring a skilled San Diego juvenile defense lawyer is one of the most important things you can do to help your child after their arrest.
Peter Liss is dedicated to his clients —juvenile and adult alike. As your attorney, he can help you in many ways, starting by keeping you updated on the status of the case and what to expect as it moves through the courts. He can also assist you by:
Protecting Your Child’s Rights
While juvenile offenders have different rights than adults, they still have several constitutional protections, including the right to silence and freedom from unreasonable searches. In fact, they are legally required to consult with an attorney prior to any in-custody police interrogations.
Fighting to Keep Your Family Together
When you hire Peter Liss, he will immediately work to secure the most favorable possible outcome. When a minor is placed in custody, he can work to have them released to their parent or guardian. As the case progresses, he can also advise you and your child on how to support your defenses and avoid further legal issues.
Working to Keep Cases in Juvenile Court
Juvenile courts focus more on rehabilitation than adult courts and are typically more lenient than adult courts. For this reason, Peter Liss will always fight to keep a minor’s case out of the adult court system whenever possible.
Seeking Reduced Charges and Alternatives to Detention
To minimize your child’s sentence, attorney Peter Liss will work to have the charges reduced or obtain alternative sentencing, such as probation, community service, or house arrest. In many cases, he can help clients enter diversion programs that prevent the teen from being confined and result in the charges being dismissed once the teen completes the program’s terms.
Building a Defense Around Your Child’s Circumstances
Mr. Liss will work with you to develop the most robust possible defense and collect evidence to support your case, including interviewing witnesses and police. Throughout the court process, Peter Liss may file motions on your child’s behalf, including motions to suppress evidence obtained through illegal searches and to exclude improper testimony.
As the case progresses, he will work to negotiate a favorable plea agreement before the matter goes to adjudication (trial in juvenile court). When this doesn’t work out, he will fight to present the best defense for your child.
What Happens After a Juvenile Arrest?
The California juvenile justice process is different from the adult criminal process.1 For example, there is no bail, and minors do not have the right to trial by jury but are instead decided by a judge.
Depending on the circumstances, a child may be released to a parent or guardian or remain in custody while the case proceeds. Juvenile cases can involve intake, a petition, a detention hearing, adjudication, and disposition. In serious cases, the court may also consider whether the case should proceed in adult court.
Here’s more information on how the juvenile court process works.
What Should I Do If My Child Is Arrested?
“If your child was arrested, how you react in the coming weeks and months can dramatically affect their future,” warns Liss. Act quickly to protect their rights and freedoms, and always:
- Avoid speaking (or allowing your child to speak) with the police.
- Try to remain calm.
- Call a lawyer with experience working in the juvenile court.
- Collect relevant documents and evidence, as well as proof of your child’s positive achievements or psychiatric evaluations.
- Don’t discuss the case online —and prevent your child from doing so as well.
- Keep your child in school and out of trouble.
Here’s more information on what to do if your child is arrested.
What Are the Possible Outcomes of a Juvenile Case?
Juvenile offenders face many of the same penalties as adult offenders; however, the maximum sentence will be capped based on the juvenile’s age. The judge will base the sentence on the specific charges, the circumstances around the charges, the child’s age, their criminal history, and other factors. Overall, the juvenile system emphasizes rehabilitation, and the court may consider alternatives to detention whenever appropriate. Sentencing may include:
- License suspension or delay in driving privileges
- Community service
- Detention
- Diversion
- Probation
- Out-of-home placement
Juvenile Defense Strategies
Every criminal case is different. Your child’s defense will be based on the exact circumstances of the crime, their background, and more. “The most important thing to consider with a juvenile case is that the child’s attorney is there to advocate for their client’s best interest, not their parents,” says Liss.
Your juvenile child’s criminal defense lawyer may use any of the following strategies to reduce their potential sentence or dismiss the petition:
Challenging the Prosecution’s Evidence
If the prosecution does not have sufficient evidence to prove all the required elements of a criminal charge, your attorney may be able to have the charges dismissed. If a search was performed illegally, for example, a defense lawyer may file a motion to dismiss all related evidence.
Providing Evidence to Support the Juvenile’s Story
If there is proof the minor did not break the law, such as an alibi or video footage, their attorney may introduce this evidence to support their defense.
Present Mitigating Circumstances
If there are any circumstances in the teen’s life that the prosecutor or judge should know about because they may reduce the minor’s blame, a defense attorney may introduce these factors. For example, a judge may implement a lighter sentence if an impoverished teen stole a toy for his little brother’s birthday present.
Establish Lack of Knowledge or Intent
If a minor was unaware of their wrongdoing, they may not be legally responsible. For example, showing a teen was unaware of the drugs in their car because their older sister put them in the glovebox when she used the vehicle.
Claiming the Juvenile’s Rights Were Violated
If the police violated a minor’s rights through an illegal stop, search, or interrogation, or the use of excessive force, an attorney may be able to have resulting evidence suppressed or even have the charges dismissed depending on the severity of the rights violation.
Show That the Teen Made a Mistake
“Juvenile courts understand that everyone makes mistakes at this age,” explains Liss. While it won’t erase the teen’s responsibility, sometimes, showing that a juvenile gets good grades, supports charity, or otherwise acts as a model citizen can help reduce sentencing.
Juvenile Records and Future Consequences
Having a criminal record at such a young age could dramatically harm a young person’s employment prospects and educational opportunities. To protect the future of juvenile offenders, California allows most people under 18 to seal their record —sometimes automatically.
Sealing the record means the offense will not appear on background checks and cannot be used against the individual when seeking employment, college admissions, or housing. A sealed record can only be viewed in very limited circumstances, and the physical records will eventually be destroyed.
Most cases resolved through a diversion program or probation will be automatically sealed without an attorney’s assistance.2 If a juvenile is not sentenced to probation or fails to complete the terms of their probation or diversion program, a lawyer may be able to file a motion to have their record sealed at 18.
“There are some limited circumstances where a record cannot be sealed,” Liss warns, “including cases where the minor committed a violent crime or some sex offenses.” If you have any questions about whether your record can be sealed, please speak with a juvenile crimes attorney about your case.
Begin Your Defense Today
The sooner you hire a lawyer like Peter Liss to represent your child against juvenile crimes, the sooner he can start working to protect their rights and present the best defense for their individual circumstances. Call (760) 643-4050 now to schedule a free initial consultation.
Frequently Asked Questions About Juvenile Crime Charges in San Diego
Do Juveniles Have a Right to an Attorney?
Yes. Like adults, those under 18 have the right to a defense lawyer to represent them in court. Additionally, they cannot be interrogated while in custody without first consulting a lawyer.
Can Juvenile Charges be Dropped or Diverted?
Yes. Like adult defendants, juveniles can have their charges reduced, dropped, or diverted in many cases.
Can a Juvenile Be Tried as an Adult in California?
Yes. But only those who are 16 or older and accused of a serious offense, such as rape, murder, or kidnapping.
Will a Juvenile Case Affect My Child’s Future?
They could if they are not sealed. Fortunately, California automatically seals the records of most minors sentenced to probation or diversion. Most other findings may be sealed with the help of an attorney. Some serious offenses are ineligible for sealing. Please ask your attorney if you have any questions about record sealing.
Are Juveniles Required to Register as Sex Offenders?
Not always. Not all sex offenses require registration, and only offenders over 14 are subject to registration. Additionally, anyone tried in juvenile court and sentenced to probation is exempt from sex offender registration. Juvenile court defendants who are not granted probation are required to register for a minimum of 5 to 10 years after being released from custody. Juveniles tried as adults are subject to the same rules as adult sex offenders; however, their information will not be listed on the public Megan’s Law website until they turn 18.
Legal References
- Navigating the Juvenile Court System (San Diego County District Attorney) ↩︎
- Guide to Sealing Juvenile Court Records (California Courts) ↩︎