Why You Need a Juvenile Defense Lawyer in Oakland, CA
With steep charges and everything riding on a court’s decision, a juvenile defense attorney is invaluable to your case.
Here’s how your attorney can help:
They’ll Fight to Dismiss Your Child’s Charges
Your juvenile defense attorney will work tirelessly to get the charges against your child dismissed. Whether that means challenging constructive or actual possession of drugs, lack of intent to commit theft, or lack of malice if accused of vandalism.
They’ll Work to Obtain Pretrial Diversion
Your child’s entire life should not be affected by one mistake. Your criminal defense attorney in Oakland, CA can work with the state’s prosecutor to enter your child into a pretrial diversion program. That way, they can avoid a criminal record and the consequences that come with it.
They’ll Challenge the Evidence Against Your Child
It may feel like the prosecution has substantial evidence against your child. However, your juvenile defense attorney can create reasonable doubt and have illegally obtained evidence thrown out.
Overview of the Juvenile Court System
California has no interest in prosecuting children for crimes. The juvenile court system processes minors charged with crimes as part of the civil law system. This means there are different rules and terminologies used in juvenile criminal cases.
For example, juveniles aren’t charged with a crime; they are petitioned. Suppose a judge determines that the juvenile defendant committed the crime. In that case, the judge will sustain the petition instead of convicting the juvenile defendant. Minors are not considered innocent or guilty under the law.
Criminal cases involving minors are also not tried; they are adjudicated. All proceedings are considered hearings as opposed to trials. Additionally, juvenile cases are only heard by a single judge. When minors allegedly commit a crime, they will face sanctions instead of criminal penalties.
The Morris Law Firm and especially Seth Morris made me feel safe and secure in such a difficult time in our lives.
What Type of Juvenile Offense is Your Child Accused of?
There are many crimes your juvenile could be charged with, including:
- Vandalism under California Penal Code § 594
- Assault in under California Penal Code § 240
- Burglary under California Penal Code § 459
- Petty theft under California Penal Code § 484
- Possession of graffiti tools under California Penal Code § 594.6
- Trespassing under California Penal Code § 602
- Grand theft auto under California Penal Code § 487
- Shoplifting under California Penal Code § 459.5
- Robbery under California Penal Code § 211
- Joy riding under California Vehicle Code § 10851
- 707(b) offenses
Penalties for Juvenile Criminal Convictions in Oakland, CA
In the juvenile court system, sentencing options are referred to as dispositions. When a child is found to have committed a crime in the California juvenile delinquency system, they could face several kinds of dispositions. The type of crime and other factors impact how your child is sentenced.
Common types of dispositions include:
Informal Probation
This may be available for first-time, non-violent offenses such as vandalism or trespassing. Under the Welfare & Institutions Code § 654 or W&I § 725, your child’s case may be diverted to probation before a petition filing occurs. Once your child has completed the terms of their probation, the charge can be dismissed, or your attorney could prevent an initial filing.
Informal Probation Requirements
Failure to adhere to the requirements of informal probation can result in the initiation of formal petition proceedings in California juvenile courts. Informal probation for minors cannot last longer than six months. If your child is placed on informal probation, requirements might include:
- Education
- Counseling
- Curfew
- Random drug testing
- Restitution
Deferred Entry of Judgment
Deferred entry of judgment requires a minor to admit that they are guilty of the petition’s allegations. However, once the minor has admitted guilt, the charges will be dismissed upon completion of the deferred entry of judgment (DEJ) program.
Only children who are first-time felony offenders that are not considered section 707(b) offenders will qualify. Generally, these programs last between one year and 36 months.
Formal Probation
Formal probation can occur at home or camp. If the minor is assigned a ward of the court, they may be placed in a relative’s home or a group home.
Formal Probation Requirements
Here, they must follow the terms of the program, including:
- Attending school
- Avoiding substance abuse
- Completing community service
- Adhering to a curfew
- Paying restitution
Types of Camps
Minors also can be placed in a probation camp. There are several types of camps across the state, including:
- Dormitory-based environments
- Wilderness camps
- Military-style boot camps
- Missouri-model camps
What is the California Youth Authority?
The California Youth Authority (CYA) is now known as the California Division of Juvenile Justice (DJJ). It is a division of the California Department of Corrections and Rehabilitation and houses minors prosecuted in adult court.
Juvenile offenders between the ages of 12 and 25 can remain committed at DJJ until they are old enough to be transferred to an adult facility or are eligible for release. Only minors who were adjudicated for a 707(b) offense or any other offense requiring sex offender registration can be sent to DJJ.
Oakland, CA Juvenile Court Process
The juvenile court process in California can vary on a case-by-case basis. However, the process generally consists of several types of hearings, and you could expect the following:
- The minor is arrested
- The minor is detained at juvenile hall
- The minor is arraigned and a petition is filed against them
- There is a transfer hearing in cases of 707(b) offenses
- The minor goes before a judge for a jurisdiction hearing
- If found to have committed the crime, a disposition hearing will occur
At any point in the juvenile court process, your juvenile defense lawyer may be able to work with the prosecuting attorney to resolve the case by entering into a plea agreement.
Oakland, CA Juvenile Court Process
The juvenile court process in California can vary on a case-by-case basis. However, the process generally consists of several types of hearings, and you could expect the following:
- The minor is arrested
- The minor is detained at juvenile hall
- The minor is arraigned and a petition is filed against them
- There is a transfer hearing in cases of 707(b) offenses
- The minor goes before a judge for a jurisdiction hearing
- If found to have committed the crime, a disposition hearing will occur
At any point in the juvenile court process, your juvenile defense lawyer may be able to work with the prosecuting attorney to resolve the case by entering into a plea agreement.
Defending Against Oakland, CA Juvenile Crimes
The juvenile court system in Oakland, CA strives to punish juvenile offenders through rehabilitative measures instead of criminal penalties. Therefore, instead of preparing a powerful defense strategy as you would in the criminal justice system, we review which options may be best suited for their needs.
Does Your Child Qualify for a Diversion Program?
Some factors to consider when determining whether a minor qualifies for a diversion program include:
- The conduct of the child
- The age and maturity of the child
- The child’s attitude towards you
- How the child’s attitude could affect victims
- Whether the child has a history of delinquency
How Your Child Benefits from a Diversion Program
Juvenile offenders may be eligible for multiple types of diversion programs. Your child could benefit from a diversion program in the following ways:
- Education services
- Crisis intervention
- Mental health counseling
- Family counseling
- Quality recreation time
- Rebuilding family relationships
- Job skills training
- Parental skills development
Pretrial Diversion Programs May Not Be Necessary
Suppose you can work with the state’s prosecutor to punish your child for their conduct on your own at home. In that case, the prosecutor might release your child on their own recognizance (ROR) and into your custody. If your child does not commit any further crimes when they are on ROR, the charges against them could be reduced or dismissed entirely.
Other Options for Juvenile Offenders
Community service and payment of restitution to the victims may also be an option for juvenile offenders. Community service allows youth offenders to raise money to afford the cost of their court-ordered restitution.
Facing Juvenile Charges? Call Morris Law P.C. Today
Facing juvenile charges in can be confusing and stressful for parent and child alike. The legal system can be complex, and a conviction could impact your child’s future forever.
Attorney Seth Morris has years of experience successfully representing juvenile defendants and is dedicated to protecting your child’s rights and future opportunities. Call 510-225-9955 today or contact us to schedule an initial consultation.