Juvenile Criminal Defense Lawyer
Violations by juveniles are referred to as delinquencies. Some juvenile matters such as shoplifting, assault and battery are similar to adult offenses, whereas crimes such as breaking curfew is unique to juveniles. To start a court proceeding against a minor, either the district attorney or the probation department will file a petition with the court and request that the child be declared a ward of the court. Once a petition has been filed in Juvenile court, an affidavit may be presented to delinquency court requesting that a child be taken into custody. Once a petition is filed, a detention hearing will be set, the minor’s parent will receive a notice and there may be a series of hearings.
601 Petitions are filed by the probation department who may state in a report to the court that child has broken a curfew or has run away from home and has not attended school.
602 Petitions are filed by the District Attorney’s Office stating that the child has committed a violation which is a crime under California law.
Detention Hearing
A detention hearing is held generally within 24 hours after being taken into custody. Here, the court decides whether the child should be released before the next court hearing. A juvenile is required to appear with a parent or guardian when he appears in court. The minor’s parent or guardian may explain mitigating circumstances to the court. The attorney for the government and defense counsel will attend the detention hearing. At the hearing, the child must be informed of the charges and facts may be shown as to the appropriateness of sanction against the child’s parent or legal guardian. After considering all factors, the court may release the child to the parent and may order that he be home on probation with certain conditions and restrictions. An experienced lawyer may help with the release of the child.
Pretrial Hearings
The district attorney and defense counsel will have the opportunity to discuss settlement of the case. Often times, with the help of a caring and experienced juvenile criminal lawyer in Los Angeles, a juvenile matter may be resolved in the early stages with no custody time. In juvenile matters, if the child admits the allegations in the petition, there won’t be an adjudication. But prior to adjudication hearing, a plan of proposed treatment may be submitted by the juvenile’s attorney on behalf of the child in lieu of a plea which will set forth the terms and conditions of such plan.
Transfer hearing
If a child is over the age of 14, he may be tried as an adult, especially if there is an allegation of a serious crime. In this case, the district attorney will argue that the child is unfit to be kept in juvenile court and the case will be sent to the adult court. If your child is tried as an adult, he will be subject to the rules of adult court and if convicted, your child could do time in county jail or in state prison.
It is important to understand that juvenile courts and rules that govern the juvenile process, especially for very young offenders, generally focus on probation and rehabilitation rather than incarcerating the minor. However, in more serious criminal cases or arrests such as rape and murder, a juvenile faces substantial custody time and the minor may be tried as an adult. In such cases. the matter could be transferred to the adult court. The decision to do so is based on the seriousness of the offense, the minor’s criminal sophistication, the child’s previous record, any previous attempts to rehabilitate the minor, and the court’s belief that rehabilitation will be unsuccessful.
Adjudication hearing
If the case remains in juvenile court, adjudication will be done by the court without a jury. This is equivalent to a trial in adult courts. District Attorney on the case will try to prove the case. Your defense attorney needs to be able to fight the case aggressively and present all possible defenses. If you have a good lawyer, the case against your child could be dismissed.
Disposition hearing
Here, the court needs to decide what is the proper punishment for the child. The court receives a probation officer’s report which will include the parent’s statements and other mitigating or aggravating circumstances. The court may also order mental or psychological reports or evaluations or diagnostic tests to aid him in fashioning an appropriate disposition. The judge will consider other evidence such as the child’s good behavior, suitability for rehabilitation, the juvenile’s available resources, prior juvenile record, and the interests of justice. After considering all factors, even if the court finds that your child violated a California law, he may place your child on supervised probation. The judge may also order the child to be placed in a home other than the parent’s home or in foster care. Other things that may be ordered are mental health or psychological counseling or parenting classes. Disposition may include restitution, community service, fines, or placement in an appropriate facility.
Review hearings
There could be a series of follow-up hearings for the court to determine if the minor is making progress if he is in placement.
Constitutional Rights in Juvenile Courts
Miranda rights, right to an attorney during questioning, right to know the charges, right against self-incrimination, and right to confront and cross-examine a witness all apply to juveniles as well as adults. A juvenile does not have the right to a jury trial in juvenile court.
If a minor or a juvenile (under the age of 18) is arrested or accused of a crime, the case is ordinarily adjudicated in Los Angeles juvenile courts. We are the Los Angeles Juvenile Criminal Lawyers handling criminal matters in all courts for minors. We cover Los Angeles juvenile court along with all other courts such as Pasadena, Van Nuys, and Long Beach. To avoid custody time or harsh punishment in juvenile court, it is important that an experienced juvenile criminal defense attorney is on your side and represents the minor. Don’t be left out.
We practice in all Juvenile Courts in Southern California including the following courts:
Eastlake Juvenile Court, Los Angeles: 1601 Eastlake Avenue, Los Angeles, CA 90033; Phone Number: (323) 226-8927
Inglewood Juvenile Courthouse: 110 Regent Street, Inglewood, CA 90301; Phone Number: (310) 419-5267
Long Beach Juvenile Courthouse: 225 Magnolia Avenue, Long Beach, CA 90802; In Governor George Deukmejian Courthouse. Phone Number: 562 256-2312
Los Padrinos Juvenile Courthouse: 7281 East Quill Drive, Downey, CA 90242; Phone Number: (562) 940-8681
Sylmar Juvenile Courthouse:16350 Filbert Street, Sylmar, CA 91342; Phone Number: (818) 364-2111
Northeast District, Pasadena Courthouse: 300 East Walnut St. Pasadena, CA 91101; Phone Number: (626) 356-5508
Los Angeles County Juvenile Court: 415 W Ocean Blvd, Long Beach, CA 90802; Phone Number: (562) 491-5922
Torrance Juvenile Court: 3221 Torrance Blvd, Torrance, CA 90503; Phone Number: (310) 222-8878
Our criminal defense firm and attorney Tony M. Seyfi have defended many juvenile matters and will provide the caring representation juveniles and parents need. If a minor has been charged with a criminal offense or is facing charges, to avoid time in jail, you need the assistance of the best experienced and aggressive criminal defense lawyer.
Free Consultation and Case Analysis
Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state-of-the-art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is a victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.