SAN DIEGO JUVENILE Attorney: EXPERT DEFENSE For Minors ACCUSED OF Crimes

How the Juvenile Legal System Works

Minors are tried in the California juvenile court system. Juveniles may be picked up by the police either for “juvenile delinquency” (committing a crime) or a “status offense” (age-related offenses such as truancy or minor in possession charges). Only those over the age of 12 can face criminal charges, except in cases involving rape or murder. While there are many courthouses in San Diego County, the only juvenile court in this jurisdiction is located next to the juvenile detention facility near the interchange between the 805 and 163 highways.

The Juvenile Court system has five steps: 1) the filing of petition 2) intake 3) the fitness hearing (if applicable) 4) adjudication and 5) the disposition hearing

Intake

When the court receives the petition from the District Attorney, they ask the probation department to prepare an initial report on the defendant. This is when the intake process starts. In juvenile court, the warrant process is usually limited to juveniles who violate probation or miss their court appearance. Most minors are not detained in Juvenile Hall but released to their parents pending the filing of charges. If they don’t have a stable residence or are accused of a more serious offense, some minors are detained immediately or later arrested once the investigation is complete.

At the time of arrest, an intake officer (a juvenile probation officer) provides a summary of the police report, the juvenile’s school and criminal record and comments from the parents as to how the juvenile is doing. Within 48 hours of the time a minor has been arrested (excluding non-court days), the court must hold a detention hearing (the juvenile court equivalent of an arraignment), to review the recommendations of the probation officer. If this hearing does not occur within 48 hours, the minor must be released into the custody of his parents.

When a juvenile is brought in for a detention hearing, she cannot post bail. Instead, the judge will decide whether she will be released to her parent’s custody or kept in the juvenile detention facility. Before the detention hearing, the probation department will prepare a report making recommendations to the judge regarding whether to release or detain a minor. The judge ultimately has the final say in the matter and his opinion will be based on both the defendant and the crime in question.

Minors are usually detained in one of two locations, Juvenile Hall -next to the Juvenile Court or in East Mesa near the Mexican border. Unlike adult prisoners, they will not be detained in a county jail.

Adjudication

The adjudication process is the resolution of the defendant’s case. This can involve a plea bargain, like adult offenders might make with a prosecutor, or it could mean a hearing with a judge. Juveniles do not receive jury trials and their guilt will be determined by the judge, but they can still defend themselves against the charges with a skilled defense attorney.

What Rights Do Juvenile Offenders Have?

Minors Can be Questioned Without Their Parents

While many people think police need the permission of a parent before questioning a minor, that is not the case in California. Police can visit a school and question a minor without a parent’s permission, but like an adult, the juvenile has the right to refuse to talk to the officers.

Juveniles Have the Right to an Attorney

If a juvenile is 15 years old or younger, the police must provide a lawyer to consult with the juvenile before questioning. The lawyer will typically advise the minor to invoke the right to remain silent and not talk to the police. When a teen over 16 finds himself being questioned by police, he should ideally only answer questions related to his identity and request to speak with a lawyer.

Rights of Teens Who Have Been Detained

When detained, a minor has the right to call her parents and a lawyer. Parents are often left alone in the interrogation room with their child, but few people are aware that their conversations may be recorded in these rooms and these discussions can be used as evidence. If you and your child are in an interrogation room together, wait to speak to them about the crime until your lawyer is present or you leave the station when your child has been released back into your custody.

Search and Seizure of Minor’s Possessions

Minors should also decline a search of their possessions. Outside of a school setting, police must have probable cause or consent in order to search a minor’s personal property such as a backpack or his pockets. On school grounds, things can be a little more confusing as school officials and police officers can search a minor’s locker, pockets or backpack if they have reasonable suspicion of criminal activity. It is important to note that while this is a lesser standard of proof than probable cause, it still requires a reasonable suspicion that the student has violated a school rule or law, so random locker searches are not permitted.

If a teacher, principal, police officer or other authority figure aside from a legal guardian searches a minor’s possessions without reasonable suspicion or the juvenile’s permission, the search could be in violation of the child’s rights and any resulting evidence may be withheld from the adjudication hearing.