Juvenile Court Proceedings: An Overview

March 14, 2011 (Press-News.org) Juvenile Court Proceedings: An Overview

Juvenile Court proceedings can be intimidating, but if you or your child has been charged with an offense or received a citation, it is helpful to be acquainted with the steps of a case in California Juvenile Court. In general, you and your child must attend all court appearances and hearings.

Detention and/or Arraignment Hearing

If a minor child is held in custody, there will be a detention hearing within three business days of his or her booking date. During the detention hearing the judge reads the charges against the minor and decides whether he or she will be kept in custody at Juvenile Hall, released, or placed on electronic monitoring or home supervision while awaiting trial.

If the minor is not held in custody, the probation department will notify him or her of the next court date for an arraignment, or reading of the charges.

Settlement Conference

The next step is a settlement conference, where the minor's attorney, the deputy district attorney and the judge attempt to negotiate a settlement to the case without a trial. If the minor admits guilt to the charges, a dispositional hearing will be held immediately or 10 days later.

If the minor does not admit guilt, the case proceeds to a jurisdictional hearing, which is the juvenile equivalent to an adult trial. During the jurisdictional hearing, evidence, witness testimony, and the deputy district attorney's and defense attorney's arguments are presented to a judge. Juries are not used in Juvenile Court proceedings.

After the jurisdictional hearing, the judge will determine whether the charges are true or not true. If the judge finds the charges not true, the case is dismissed. If the judge declares the charges true, the case then moves to a dispositional hearing.

Dispositional Hearing

A Juvenile Court judge will impose punishment and treatment during the dispositional hearing. After listening to testimony from any victims, witnesses and parents and reviewing the minor's social study report from the probation department, the judge determines how the minor will be rehabilitated, how the minor will repair the harm he or she caused to the victim and the community, and the type of punishment necessary for the minor.

Probation

In many cases, a minor is placed on probation when he or she admits guilt or his or her charges are found true. The conditions of probation vary according to each minor's offense and social history and may include:
-Community service
-Court fines
-Restitution or monetary repayment to the victim
-Electronic monitoring
-Home supervision
-Counseling or treatment


Regular attendance at school, drug testing, and law-abiding behavior are also required as conditions of probation. If not put on probation, a minor may be committed to Juvenile Hall or the Department of Corrections and Rehabilitation, Division of Juvenile Justice.

A Shortcut

The Juvenile Court takes jurisdiction of a case when it believes the parents have lost control of the minor. A motion under Welfare and Institutions Code Section 654.2 to request the Court place the minor on Juvenile Diversion is sometimes successful if the nature of the crime is not serious and the juvenile's attorney puts forth substantial evidence that the parents have control over the minor. Many experienced attorneys have had success with this motion in cases as serious as burglary of a school with destruction of school property.

If successful, the case is held in abeyance for a period of time, and the minor is required to perform certain services which show good citizenship, while the parents must show continued control of the minor's activities. After a set time, the case is dismissed without a conviction or true finding against the minor. This motion should be considered in all juvenile cases by competent attorneys.

The assistance of a knowledgeable criminal defense attorney is invaluable when navigating the California Juvenile Court system. If your child has been charged with a juvenile offense or received a citation, promptly contact a lawyer experienced in juvenile crime cases to discuss your situation.

Article provided by Jerrold M. Bodow, Attorney at Law APLC
Visit us at www.attorneybodow.com