There is nothing more important in this world than your child’s well being. At times, good kids will get arrested or detained by the police. Please review some of the information below and then call my office to arrange a consultation. Not all criminal defense attorneys have handled a juvenile case—so make sure you ask plenty of questions before you hire your child an attorney.
The following information is summarized from the California Courts website. The court’s website is a good start to understanding the juvenile delinquency process.
Why is my child involved in a juvenile delinquency case?
If your child is involved in a juvenile delinquency case that means he or she is accused of breaking the law.
The court can make orders that:
* Let your child live with you under court supervision; or
* Put your child in an unlocked or locked facility.
The court will consider how old your child is, how serious the crime is, and the child’s criminal record if any.
My child came home after getting arrested. What happens now?
The probation department will probably contact you. They will ask your child to meet with a probation officer. You will get a “Notice to Appear” that says when you and your child have to go to the probation department. If the case is very serious, your child may get a Notice to Appear in juvenile court.
What will happen if my child was arrested and taken into custody?
If your child was arrested, the police can:
* Make a record of the arrest and let your child go home.
* Send your child to an agency that will shelter, care for, or counsel your child.
* Make your child come back to the police station. This is called being “cited back.”
* Give you and your child a Notice to Appear. Read the notice and do what it says.
* Put your child in juvenile hall (this is called “detention”). Your child can make at least 2 phone calls within 1 hour of being arrested. One call must be to a parent, guardian, relative, or boss. The other call must be to a lawyer.
Does my child have rights?
If the police want to talk to your child about what happened, the police must tell your child about his or her legal rights (called “Miranda rights”), which are:
* Your child has the right to remain silent.
* Anything your child says will be used against him or her in court.
* Your child has the right to a lawyer. If you or your child can’t pay for one, the court will appoint one.
The police may not necessarily explain these rights if your child is not going to be questioned.
You have rights, too. The police must also tell you as soon as your child is locked up. They have to tell you where your child is and what rights he or she has.
We got a Notice to Appear. What should I do?
Read the Notice to Appear carefully. It will probably tell you to go to the probation department to meet with a probation officer. Click here to find the local probation department.
Three things can happen at the meeting:
* The probation officer may lecture your child and let him or her go home.
* The probation officer may let your child do a voluntary program instead of going to court. The program could be special classes, counseling, community service, or other activities. If your child finishes the program, he or she won’t have to go to court. You may have to sign a contract that says what the child has to do. The contract can last 6 months.
* The probation officer may send the case to the district attorney. The district attorney will decide to file a petition or not.
Does my child need a lawyer?
Yes. Your child has the right to a lawyer who is effective and prepared. If you can’t pay for a lawyer, the court will get a lawyer for your child.
If your child doesn’t have a lawyer, talk to the public defender or contact the Law Office of Juan F. Dotson at 888-471-1377.
Does the parent a lawyer?
No, not usually.
The probation officer said the district attorney is going to file a petition. What does that mean?
A petition asks the court to get involved. It says what the state thinks your child did. It’s the judge’s job to decide if the petition is true.
There are 2 kinds of petitions:
“601 Petition.” The probation department files this petition.
It says that a child ran away, skipped school, broke curfew, or disobeyed his or her parents. If the judge decides the petition is true, the child can become a “ward” of the court and be called a “status offender.”
“602 Petition.” The district attorney’s office files this petition.
It says that a child did something that would still be a crime if he or she was over 18. This can be a felony, like car theft, drug sales, rape, or murder. Or a misdemeanor, like assault or drunk driving. If the judge decides the petition is true, the child becomes a “ward” of the court as a delinquent. The punishment depends on what the child did.
You have the right to get a copy of the petition. It says what your child is accused of. It doesn’t mean your child is guilty.
ALERT! Read the petition carefully. It is important for you to know what your child is accused of. If you do not understand the petition, please call my office for assistance.
What does the probation officer do?
The probation officer will write a report to tell the judge about your child. The judge will get this report at the disposition hearing.
The report:
Says what the probation officer thinks should happen if your child is guilty;
Has a copy of your child’s arrest record;
Talks about what your child did;
Has statements from your child, the family, and other people who know your child well;
Has a school report; and
Has a statement from the victim.
If your child is put on probation, the probation officer will enforce the court’s orders. The officer will keep an eye on your child to make sure he or she obeys the law and follows the terms of probation. The officer will try to get your child involved in school and community programs, and in job training or counseling. The officer may meet with your child once a month or up to twice a week.
If the judge decides your child shouldn’t go home, the probation officer must find a place for your child to live. This can be with a relative, in a foster home or group home, or in an institution.
What if my child is taken away from me?
If your child is put in a group home, probation camp, or sent to the California Department of the Corrections and Rehabilitation, Division of Juvenile Justice:
* Stay in touch with your child.
* Be supportive of the good things your child is doing.
* Understand what’s going on in your child’s life so you can support and protect your child when he or she returns home.
* Learn how to make your child responsible for his or her behavior.
Will my child be tried in adult court?
A child who is 14 years old can be tried in adult court for some serious crimes. Here are some examples:
* Murder and attempted murder,
* Setting fire to a building with people in it,
* Robbery with a weapon,
* Rape or Forcible sex offenses,
* Lewd and lascivious acts on a child under the age of 14 years,
* Kidnapping or carjacking,
* Crimes with guns,
* Drug crimes,
* Threatening or Dissuading Witnesses, and
* Escaping from a juvenile detention facility
Will my child go to the Department of Corrections and Rehabilitation, Division of Adult Operations (CDC) instead of the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ)?
Your child can only be sent to adult prison (CDC) if he or she is tried in adult court. If your child is tried in adult court, talk to a lawyer.
Even if your child is sentenced to adult prison, he or she will stay at the DJJ until he or she is at least 16.
If your child is at least 16, the judge can send him or her to adult prison. Or if your child’s sentence ends before he or she turns 21, the judge can let them stay at the DJJ the whole time. If the sentence is longer, he or she will go to the CDC on their 18th birthday.
Am I financially responsible for my child’s behavior?
Yes. You may have to pay the victim if the court orders “restitution.” Restitution is money to compensate for losses or damage caused by your child. For example, you may have to pay for what your child stole, or for the victim’s medical bills or lost wages.
In certain instances, the Law Offices of Juan F. Dotson can resolve your child’s criminal case with the district attorney and known victims, simultaneously, therefore avoiding the need to hire a civil defense attorney to handle any lawsuits stemming from your child’s actions.
Will I have to pay my child’s fees?
Yes. Unless you are the victim, you will get a bill and must pay for:
* Your child’s lawyer
* Juvenile hall services, like food and laundry
* Fees to keep your child with the California Department of Corrections and Rehabilitation, Division of Juvenile Justice , a probation camp, or in foster care
This can be expensive. You can talk to the court about your ability to pay these fees.
Law Office of Juan F. Dotson
445 S. Figueroa, Suite 2600
Los Angeles, CA 90071
Tel./Fax. (888) 471-1377