JUVENILE CRIMES

Like everyone else, children make mistakes.  For parents, learning that your child has been detained by the police or arrested for a crime is a shock and your worst nightmare.  Even though your child is young, decisions they make in their youth can impact the rest of their life. Depending on the charges, a conviction could mean jail time, fines, counseling, and an arrest record that may make it difficult to get jobs, attend schools or even qualify for higher education financing.

The best solution if your child is arrested or charged with an offense is fighting juvenile criminal charges proactively and aggressively with help from a skilled Santa Barbara juvenile defense attorney.  Christy Horowitz has extensive experience with the juvenile justice system as a former prosecutor and will compassionately but assertively represent your child as well as your family through the court process and system.

DIFFERENCES BETWEEN ADULT AND JUVENILE JUSTICE

California’s system of juvenile justice is different from the adult justice system in several ways.  Depending on the seriousness of your child’s offense, a police officer may either put your child in custody and send the case to juvenile court or handle minor offenses with a warning and release them into your custody.

ARRESTS

If the police arrest your child, they can be released to your custody and you will receive notice and direction to appear with your child at the probation department.  An arrest can also result in your child being sent to the police station or even juvenile hall for detention.  Parents and guardians have the right to be notified both of their child’s arrest and location of their placement.

CRIMINAL COURTS

The juvenile court system deals with minor children in California; however, a child 14 or older who commits a serious offense, like murder or rape, can be dealt with in adult court.  Thanks to changes in the law, charging a minor as an adult is difficult, except when serious felonies are alleged.

Juveniles whose offenses are not serious enough to merit an adult charge, but are serious enough for a juvenile court referral, will be dealt within one to three days by an intake officer:

• The offense will be dismissed
• The offense will be handled informally
• A formal petition is filed detailing allegations about your child’s conduct

INFORMAL JUVENILE CHARGES

If the officer decides your child’s offense should be handled informally, your child will appear before a juvenile judge or a juvenile probation officer. Informal proceedings can include several different outcomes such as:

• A stern lecture
• Mandatory community service
• Mandatory drug or alcohol treatment
• Restitution
• Probation

A knowledgeable Santa Barbara juvenile defense attorney like Christy Horowitz will seek informal resolution of your child’s case to avoid formal adjudication and resolve the matter as quickly and painlessly as possible.

FORMAL JUVENILE CHARGES

If your child’s offense is serious enough a formal petition is filed, he/she will be formally charged before either a referee or a juvenile court judge.  A skilled juvenile defense attorney will work to get your child’s charges reduced as much as possible or, in a perfect world, dropped entirely.

If formal charges are filed, procedurally the case works very similarly to adult criminal cases.  However, California treats juveniles differently.  The juvenile court will either take the case or set a “fitness hearing” if the prosecutor wishes to argue your child should be tried as an adult.  The decision is based on both the crime and your child’s characteristics.

If the case remains in juvenile court, your child may take a plea agreement for reduced charges, if one is offered and accepted.  If no plea agreement occurs, the case will be set for adjudication – a juvenile trial.  At adjudication, the juvenile judge will either find your child not guilty or sustain the petition and convicton the offense charged.

Disposition is the equivalent of adult court’s sentencing phase.  The juvenile judge will determine the appropriate disposition after sustaining a petition.  Judges have broad discretion – disposition may include consequences such as:

• Court monitoring
• Juvenile group home placement
• Time in the juvenile division of California’s Department of Corrections and Rehabilitation (CDCR)