Bay Area Criminal Law Attorney

Juvenile

Even though the juvenile justice system is separate from the adult criminal justice system, there are similarities between the two.  Both systems are concerned about public safety, have a list of punishments in place if the individual is found to have violated the law, and offer the accused the right to protect his or her interests. 

Rights of Juveniles

If you are under 18 years of age and are arrested for committing a criminal offense, you should be aware that you have rights under the law.  In most circumstances, these rights are the same rights that adults have in the criminal justice system. 

Below are some of the rights to which juveniles who are arrested are legally entitled:

• Right to remain silent:  You have the right to not answer questions that the officer asks you.  You also have the right to have an attorney present during police questioning, and if you can't afford a lawyer the court will appoint one for you.  You can also ask to have a parent present during the questioning. 
• Right to privacy:  You have the right to privacy of your room and closed containers inside your room.  This means that the police cannot search your room or search closed containers unless you grant them permission to do so, not even if your parents have authorized the search.
• Right to have a petition filed:  If you are being held at juvenile hall, you have the right to have the prosecutor file a "petition" within 48 hours of your arrest.    Once this petition is filed, you have the right to appear before the judge by the end of the next court day.

Key Differences Between Juvenile & Adult Criminal Justice Systems

Unlike adult defendants, juveniles do not have the right to bail or a jury trial.  A juvenile court judge will decide whether the child should be detained in juvenile hall or released to his or her parents under the supervision of the court.  The minor is not entitled to a jury trial because the juvenile court judge acts as "the jury" and decides what happens to the minor after listening to the evidence. 

In certain circumstances juveniles can be tried as adults.  A child who is 14 years of age or older can be tried as an adult if the crime is serious.  Serious juvenile delinquency crimes include murder and attempted murder, robbery with a weapon, rape, kidnapping, carjacking, and escaping from a juvenile detention facility. 

Potential Consequences for Juveniles

If the juvenile is found to have committed the crimes charged in juvenile court, the judge could do any of the following:

• Place the juvenile on probation and have him or her live with a relative, in a group home, or in an institution;
• Place the juvenile in foster care and send the minor to a probation camp or ranch; or
• Send the juvenile to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) (formerly known as the California Youth Authority), where juveniles receive a variety of training and treatment services.

If the juvenile is tried as an adult and convicted of the offenses charged, then the juvenile will in most circumstances be sent to the Department of Corrections and Rehabilitation Division of Adult Operations.  However, in some situations the child can be permitted to stay at the DJJ until he or she is 16 years of age, even if the minor was tried as an adult.  More information on the California juvenile justice system can be found here.  The laws regarding juveniles can be found in California's Welfare and Institutions Code. 

As a former Deputy Public Defender, Attorney Jeffrey B. Hayden has tried over 300 juvenile cases and numerous jury trials, giving him a concrete understanding of juvenile court processes, practices, and regulations.   For a committed criminal law attorney with a wealth of experience in juvenile crimes, contact the Law Offices of Jeffrey B. Hayden today.