San Diego County Juvenile Crime Defense Attorney

Is Your Teen Facing Criminal Charges? Call 24/7 to Start Building Their Defense

If you or a minor you care for has been charged with a crime, Vista and San Diego juvenile crime lawyer Peter M. Liss (State Bar #111128) can help. He has defended hundreds of juveniles (minors under 18) who have been arrested and charged with criminal offenses. Some of the most common juvenile crimes in San Diego County are:

Underage DUI, including DUI with accident, drug DUIs, and bike DUIs
Property destruction, including arson, vehicle tampering, throwing objects at cars, and vandalism
Driving offenses, including reckless driving, hit and run, and driving without a license
Drug crimes, including drug sales, transportation, and possession
Gang crimes, including drive-by shootings and carjacking
Sex crimes, including sexual assault, child molestation, and child pornography
Status offenses, including alcohol possession, marijuana possession, and truancy
Theft, including shoplifting, burglary, robbery, and joyriding
Violent crimes, including assault, battery, bullying, and weapons charges
Cyber crimes, including hacking, doxing, and swatting

Parents and grandparents often retain Mr. Liss to represent a dependent charged with committing a crime in San Diego County. If you need a juvenile defense attorney, please call Peter Liss today to start protecting your child’s future.

Fight for your child’s freedom without draining your wallet. Schedule a free consultation today!

What Happens if My Child is Arrested in San Diego?

Criminal charges against minors are handled in a drastically different manner from charges against adults.¹ For example, there is no bail in juvenile courts, although children may be released to their parents in many cases. Additionally, minors do not have the right to trial by jury but instead are convicted and sentenced exclusively by the judge hearing the case.

Juvenile Defendants Have the Right to a Lawyer

Always work with someone experienced in these specialized cases. Hiring a skilled San Diego juvenile defense attorney is one of the most important things you can do to help your child after their arrest.

How the Juvenile Legal System Works in San Diego

Minors are tried in the California juvenile court system. The police may pick up juveniles either for “juvenile delinquency” (committing a crime)² or a “status offense” (minor age-related offenses such as truancy or minor in possession charges)³.

Only individuals over 12 can face criminal charges.⁴ While there are many courthouses in San Diego County, the only juvenile court in this jurisdiction is next to the juvenile detention facility near the interchange between the 805 and 163 highways.

The Juvenile court system has six steps: ⁵

The filing of the petition
Intake
The detention hearing
The transfer hearing (if applicable)
Adjudication
The disposition hearing

Filing of the Petition

The filing of the petition is simply the juvenile equivalent of filing charges against an adult offender. The petition may request that the juvenile be charged in adult or juvenile court.

Intake

The intake process starts when the court receives the petition from the District Attorney. The court will request that the probation department prepare an initial report on the defendant.

In juvenile court, the warrant process is typically limited to juveniles who violate the terms of their probation or fail to appear in court. Instead, parents will receive a notice to appear if the child is not already in custody.

At the time of arrest or intake meeting, an intake officer (a juvenile probation officer) summarizes the police report, the juvenile’s school and criminal records, and the parents’ comments on the child’s well-being. There are four possible outcomes during these meetings:⁶

The child is released without further consequences
The child can participate in a voluntary program rather than being sent to court
The child is released, but the charges are sent to the District Attorney
The child is kept in custody, and the charges are sent to the District Attorney

“Most minors are released to their parents, even if charges are filed,” explains Liss. However, some youths are detained because they don’t have a stable residence or have been accused of a more serious offense.

The Detention Hearing

The detention hearing is the juvenile equivalent of an arraignment. If a minor is placed in custody, the District Attorney has 48 hours (excluding non-court days) to hold a detention hearing. If the hearing is not held within 48 hours, the minor must be released into the custody of their guardian. If the child is not in custody, the DA has 15 court days to schedule a hearing.⁷

The judge will decide whether they will be placed into parental custody or kept in the juvenile detention facility. The judge will base this decision on the report presented by the probation department, the defendant’s background and behavior, and the severity of the charges.

Minors kept detained in San Diego are held in one of two locations: the Youth Transition Campus, next to the Juvenile Court, or the East Mesa Juvenile Detention Facility, near the Mexican border. They are not placed in county jails with adults.

A San Diego juvenile defense lawyer can play a crucial role in helping a teen get released from custody. Start working on this process as soon as possible, as just being detained can have a devastating impact on a young person’s mental state.⁷

Transfer Hearing

If a child over 16 commits a grave offense, such as rape, murder, arson, or kidnapping, the court will hold a “transfer hearing” to decide whether the child should be tried in the juvenile or adult criminal court system.

In most situations, juvenile defense lawyers work to ensure their clients’ cases are handled in the San Diego juvenile courts, as sentencing generally is less severe for minors. “I always try to keep these matters out of adult courts,” says Liss, adding, “This is particularly important for those charged with sex crimes because teens who receive probation for sex crimes are not required to register as a sex offender.”

Adjudication

The adjudication process is the resolution of the defendant’s case. It can involve a plea bargain or a hearing with a judge. While minors do not receive jury trials, they can still defend themselves against the charges with a skilled San Diego juvenile crimes lawyer.

Disposition Hearing

If the judge decides that a minor is guilty of a crime, they will schedule a disposition hearing, which is similar to a sentencing hearing in adult court. At this hearing, the prosecution and criminal defense attorney will present arguments regarding what they believe would be the most appropriate sentence for the juvenile.

The ultimate goal of the juvenile justice system is to rehabilitate minors, not punish them. The judge will consider what they believe is the most appropriate way to teach the teen a lesson and remedy any wrongs incurred by the victim.

When Should You Hire an Attorney?

A juvenile defense lawyer can begin helping your child at any stage during this process. Still, it is typically best to obtain legal counsel as soon as possible to help protect your child’s rights.

What Rights Do Juvenile Offenders in Vista Have?

While the police must still read a minor their Miranda rights when making an arrest, minors have slightly different rights than adults accused of crimes. Here’s how:

A child’s parent must be notified when they are arrested or transported for questioning⁹
Juveniles must have an attorney present for questioning once placed in custody
Police cannot use threats, deception, or psychologically manipulative tactics while questioning minors⁹
Incarcerated juveniles cannot post bail
Minors do not have a right to trial by jury

Like an adult, a juvenile still has a right to silence, whether or not they are under police custody.

Minors are also protected from police searches on and off school grounds. Officers and school officials can search a minor’s property on school grounds if they have a reasonable suspicion of criminal activity. Police must have probable cause or consent to search a teenager’s vehicle, pockets, or bag. To search a juvenile’s home, a warrant or consent is required.

Watch for Violations of Your Child’s Rights

When a juvenile’s rights were violated, it is serious. If they were subjected to an illegal search, arrest, interrogation method, or any other rights violation, any resulting evidence may be withheld from the adjudication hearing. In some cases, this may be sufficient to result in the case being dropped altogether.

Sentences for Juvenile Offenders in San Diego Courts

gavel and children's magnetic letters spelling "juvenile justice."

Juvenile offenders face many of the same penalties as adult offenders. However, the juvenile system aims to rehabilitate, not punish. Juveniles can still face maximum sentences, and even misdemeanors can mean up to a year in detention.

Maximum Penalties for Juvenile Offenders

The potential penalties can be severe, depending on the charges in question and the child’s age:

A minor under age 16 can be incarcerated until age 21
A minor over 16 can be incarcerated until age 25 if charged as a juvenile
A minor charged as an adult can be sentenced up to life imprisonment, but cannot be sentenced to death

If someone over 16 is tried in adult court, they will still be held in a juvenile facility until they turn 18. At that point, they will be transferred to an adult jail or prison.

“In many cases, I can help ensure my clients are sentenced to probation rather than detention,” says Liss.

Diversion Programs Allow for a Clean Criminal Record

One of the most beneficial outcomes in a juvenile case is a diversion program. These alternative sentences allow for the deferred sentencing of the child if they agree to a behavior contract that includes activities such as counseling, outreach programs, community service, “scared straight” programs, and house arrest.¹⁰ As long as the program is fully completed, the charge will not appear on a person’s criminal record.

Avoiding an offense on a teen’s record is very beneficial for offenders just starting their lives, particularly since many financial aid programs are unavailable to those with certain criminal offenses on their record.

Out-of-Home Placement

Judges may also may avoid sending a minor to a juvenile detention center by ordering out-of-home placement at a group home, residential facility, training school, or foster home. An example is San Diego’s Cool Bed Program. This option is most commonly used in situations where the judge believes the child’s home life is too unstable.

Unique Driver’s License Penalties for Minors

Teens are sometimes subjected to specialized penalties, including driver’s license suspensions or the delayed ability to obtain a driver’s license. Judges can implement these penalties for most juvenile offenses, though they are rarely mandatory outside of DUI cases.

Peter Liss has found that judges in San Diego are more likely to include these penalties in cases involving motor vehicles, such as joyriding and driving without a license, or offenses related to drug or alcohol use. “In many cases, your juvenile criminal defense attorney may be able to convince the judge not to apply them in a particular case,” explains Liss.

Under the state’s zero tolerance law, a teen can lose their ability to drive if caught with a BAC over 0.01% alcohol in their system while driving, so even drinking kombucha or NyQuil can put them above this limit.¹¹

Your Juvenile Attorney Matters

Obtain a skilled juvenile court lawyer as soon as possible to obtain the best results under the particular facts of your child’s case.

What Defenses Are Used in Juvenile Court?

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 child’s juvenile defense lawyer may use any of the following strategies to reduce their potential sentence or dismiss the petition:

Present evidence to back up the defendant’s claims (for example, proving an alibi to show a teen wasn’t at the location of the crime)
Challenge the prosecution’s evidence or lack of evidence
Show the elements of the criminal charge were not met (for example, a theft defense could include showing that the teen never attempted to leave the store with the merchandise and, therefore, did not shoplift)
Establish that the teen is a good kid who made a mistake
Argue that the juvenile has had a rough hand in life and just needs guidance and a second chance
Show that there were mitigating circumstances to excuse the illegal activity (for example, driving recklessly to take an injured friend to the hospital)
Challenge the idea that the defendant was aware of the crime (for example, a defense attorney could argue that a juvenile accused of drug possession did not know a friend put a bag of drugs in their glove box)
Argue that because the juvenile’s rights were violated, the evidence should be suppressed or the petition dismissed (for example, if the police used manipulative tactics to secure a confession while interviewing a minor without an attorney)

Juvenile Record Sealing

Juvenile court determinations are not convictions but are called a “true finding.”¹² A true finding and record of the detention and arrest can be sealed upon the completion of juvenile probation or a diversion program. You do not need a lawyer to file a motion to seal these cases.¹³

When A Juvenile Court Attorney is Required to Seal Records

If a juvenile is not sentenced to probation or fails to complete the terms of their probation or diversion program, their record can be sealed at 18. This process is not automatic and does require a motion to be filed. There are some limited circumstances where a record cannot be sealed, including cases where the minor was found guilty of a violent crime or some sex offenses.

What Does it Mean to Have a Record Sealed?

Sealing the record means the offense will not appear on background checks and cannot be used against the individual when seeking employment or housing. There are only limited circumstances where a sealed record can be viewed, and the physical records will eventually be destroyed.

Your Teen’s Best Defense

Top San Diego Juvenile Attorney

Vista/san diego Juvenile defense attorney Peter Liss

Peter Liss has over 40 years of experience in law, providing much-needed help for teens and adults who have been arrested in San Diego, California. He has a proven track record of successfully defending adults and juveniles.

The Experience You Need

Peter Liss’ degree comes from the top-rated University of California, Berkeley Law School. He guarantees his clients will receive top-quality representation at reasonable rates. His clients consistently praise his work. His offices accept all major credit cards.

There When You Need Him

Thanks to Mr. Liss’ 24-hour-a-day live-answering service, all calls are answered no matter what time you call because he knows that when your child is arrested, you want to talk to someone immediately. When you contact the Office of Peter Liss, you will receive a prompt response.

Two Convenient Locations

Peter Liss’ two offices offer free parking. His primary office is located in Vista, just off the 78 highway and across from the North County courthouse.

He also has a satellite office in Carmel Valley, conveniently just off the 5 freeway near the 805 merge.

Dedicated, Personalized Service

Mr. Liss promises to personally handle your entire case and not delegate your criminal defense to a lower-level associate in his office.

Was Your Child Arrested?

Here’s What to Do

If your child was arrested, how you react in the upcoming days can have a dramatic impact on their future. Act quickly to protect their rights and freedoms.

Wait to Discuss Things

Parents are often left alone in the interrogation room with their child. Few realize conversations here may be recorded and used as evidence. Do not discuss the crime at the police station without a lawyer. Wait until your child is released.

Stay Calm and Be Comforting

You might be angry at your teen, the person who accused them of a crime, or the police officer who arrested them. While that feeling is understandable, it won’t help your child. When you’re at home together, let your child explain their side of events and tell them you want to help.

Listen closely —a key piece of information could help you fight the charges. For example, if school officials randomly searched your child’s locker without reasonable suspicion, this evidence may be withheld from the trial.

Collect Helpful Documents

Tracking down report cards, reference letters, and proof of positive achievements by your child can strengthen your child’s case by showing that they are a good student and responsible citizen. Give these items to your lawyer. Let your San Diego juvenile crime attorney know if your teen has a learning disability or mental illness that may affect their behavior, as this could aid their defense.

Seek Out Support

Get your child into counseling or rehabilitation for drug issues, if applicable. Work with your attorney to repair the property your child damaged if they were accused of vandalism. Taking action to address the issue preemptively will help the court see that your teen wants to make things right.

Help Them Stay Out of Trouble

Try to get your teen back to school as soon as possible and encourage them to keep their grades up. Discourage them from even minor transgressions, such as doorbell ditching, truancy, or making prank calls. These small actions can help sway judges.

Why Hire Mr. Liss

As Your San Diego Juvenile Lawyer

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 advising you on what to do as things progress.

Helping Your Family

When you hire Peter Liss, he will immediately start working to help your teen. If they have been placed in custody, he will work to have them released into your care. 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.

Working in the Courts

Peter Liss will always fight to keep a minor’s case out of the adult court system and seek to have the charges reduced whenever possible. Throughout the court process, he will file motions that may benefit your teen, including motions to suppress evidence obtained through illegal searches and to exclude improper testimony.

Throughout the court process, he will typically work to negotiate a winning plea bargain 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.

Minimizing the Damage

Whenever possible, Peter Liss will seek an alternative sentence, such as probation or a diversion program, to allow your teen to stay out of confinement and keep the charges off their record. He will always attempt to secure the lowest possible sentence.

Learn More

Peter Liss aims to help those who find themselves (or their children) in legal trouble. To help the public, he maintains a blog that features an array of practical information about California laws, Supreme Court decisions, and the rights of the accused. He also has a helpful guide on how to hire a criminal defense lawyer.

Call Mr. Liss Today

If you are a parent or grandparent of a child who has been arrested or charged with a crime, your child’s future may be at stake. Please call today to schedule a free consultation.

5 star review by Jacob Johnson who states Peter M. List is a great lawyer and represented me in my juvenile case and helped me get the outcome I was looking for….

Frequently Asked Questions About Juvenile Crime Charges in Vista and San Diego, CA

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 who has been 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 they are 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.

Can Minors Under 12 Face Criminal Charges in California?

Children under 12 cannot be processed through the juvenile justice system. Instead, parents and schools are primarily responsible for addressing the majority of behavioral issues exhibited by children this age. In more serious situations, community-based organizations, behavioral health organizations, and child welfare systems may become involved.

Can Minors be Questioned Without Their Parents’ Consent?

Officers often informally question juveniles at school because they can legally do so without the parent’s knowledge or consent. By questioning a teen without arresting them, the police can also bypass the need to provide a minor with an attorney or reading them their Miranda rights. Minors can invoke their right to silence in these situations and ask to speak with their parents or an attorney.

Can Charges Against Minors be Dropped or Diverted?

Yes. Just like an adult defendant, juveniles can have their charges reduced, dropped, or diverted in many cases.

Legal References

Navigating the Juvenile Court System (San Diego County District Attorney) ↩︎
Juvenile Justice (Delinquency) (Superior Court of California, County of San Diego) ↩︎
Juvenile Minor Offense (Superior Court of California, County of San Diego) ↩︎
Juvenile Procedures (San Diego Police Department) ↩︎
Juvenile Justice Court Process (California Courts) ↩︎
If a Youth is Arrested (California Courts) ↩︎
Types of Hearings (San Diego Health and Human Services Agency) ↩︎
The Dangers of Detention (Justice Policy Institute) ↩︎
Recommendations on Police Interrogation of Youth (Youth Law Center) ↩︎
New Law Prohibiting the Use of Certain Techniques When Interrogating Minors in Custody (California Department of Justice) ↩︎
Diversion Programs (Youth.gov) ↩︎
Driving Under the Influence (California DMV) ↩︎
Juvenile Case Process (San Diego Office of the Public Defender) ↩︎
Guide to Sealing Juvenile Court Records (California Courts) ↩︎