Los Angeles Criminal Attorney – (Juvenile Delinquency) Senate Bill 439
The California Juvenile Court Does Not Have Jurisdiction Over Children of All Ages
In September 2018, Governor Brown signed Senate Bill 439 into law. The law became effective in January 2019. According to the new law, the juvenile courts have jurisdiction over juveniles when:
The minors are aged between twelve and seventeen, and
The children break municipal ordinances, or U.S laws, or California laws.
Please note law doesn’t apply to children who commit oral copulation, sexual penetration, sodomy, rape, and murder. The juvenile court controls the offenses when you violate the law using menace, duress, violence, a threat of bodily injuries, or force.
In other criminal cases involving juveniles below twelve, Senate Bill 439 requires counties to develop less restrictive alternatives to the judicial system. This bill does not specify who should develop the alternatives. Health, community-based, and school services can provide alternatives.
What is the Rationale of Senate Bill 439?
The proponents of Senate Bill 439 support it for the following reasons:
Early interaction with the judicial system results in negative child educational and developmental outcomes.
There is a likelihood that when a child enters the criminal system early, they might become a chronic offender.
The law agrees with developmental brain science, which proves that a teenage brain requires more time before maturing into adulthood.
Laws Before SB 439
Per the California old laws, the juvenile justice system had jurisdiction over all persons below eighteen that broke a municipal ordinance, United States law, or state law. There wasn’t a minimum age where the juvenile court could not handle a criminal case.
Constitutional Rights in Your Juvenile Case
A minor in a juvenile court proceeding doesn’t have similar rights as those in courts in normal criminal cases. Before the 1960s, juveniles had limited rights. Since a juvenile court proceeding is formal, the courts and California have strengthened the juvenile’s rights.
Discussed below is an overview of constitutional rights in a juvenile delinquency proceeding.
The probable cause required to search you—Law enforcers should have probable cause to search and then arrest you when they suspect you violated a statute. Nevertheless, a public official in a quasi-parental relationship with a minor such as school personnel only requires suspicion of misconduct to search and detain you.
Entitlement to phone calls—Typically, you are permitted to make one call if you are detained, and there is no likelihood of being released quickly. You can choose to call your parents or guardians, who will consult with a lawyer. Alternatively, you can contact your advocate directly. By requesting to talk to your attorney or parent, you invoke your Miranda rights. Therefore, if the law enforcers ignore your request to talk with your attorney or parent, anything you say to them thereafter will not be used against you in court.
Not entitled to bail— Minors don’t have the right to post bail. However, most of them are released from detention to their guardians or parents before arraignment.
You are entitled to a criminal defense lawyer—In the re Gault case, the Supreme Court ruled that minor children are entitled to a counsel in their judicial proceedings. If you cannot afford a lawyer, a public defense attorney can represent you.
Entitlement to notice of your charges—After the re Gault case, the court also ruled that a minor should be given notice of their delinquency charges.
Right to cross-examine and confront witnesses—While the juvenile adjudication hearing isn’t formal, a juvenile is entitled to cross-examine and confront witnesses. That means you can question persons testifying against you and contest their testimony through your criminal defense attorney.
You are entitled to assert your Fifth Amendment privileges against incrimination of self.
California doesn’t permit a jury trial in a juvenile case.
The right to have a criminal charge established beyond any reasonable doubt— According to the United States Supreme Court, should a minor face adjudication as delinquent or incarceration due to a court proceeding, the state should establish the charge against the child beyond any reasonable doubt. If the penalties aren’t in question, the state should only establish the charge using the ”preponderance of evidence” standards.
An Overview of the California Juvenile Judicial System
The system ensures the protection and safety of the general public. The system also seeks to offer guidance, treatment, and care to juveniles who have violated the law. The treatment must be in line with the child’s best interest, hold the juvenile accountable for their conduct, and be suitable for the circumstances.
How Do You Get Into the California Juvenile Judicial System?
If the law enforcers believe that you broke the law, you might be taken into custody, and the arresting officer can:
Issue a warning before releasing you,
Refer you to a diversion or shelter service,
Cite you for a minor crime and issue a notice to appear, or
Take you to juvenile hall.
If taken to a juvenile hall, the probation officer has the discretion to book you. If booked, the probation department determines whether to bring a petition to a juvenile court.
The probation officer can decide the impose informal probation instead. You should meet all the qualification requirements for informal probation. During the probationary period, the probation department retains the discretion to bring a petition at any time.
The Juvenile Judicial System
After the petition is filed, the court process starts. The petition outlines the alleged crime. It also has a notice to your parents of their responsibility for your support and care.
If held in a juvenile hall, the petition should be brought within forty-eight hours of your detention. A detention hearing should be scheduled within twenty-four hours after the petition is brought.
You will be assigned a probation officer. The probation officer doesn’t represent you but reviews your case and determines how and whether to proceed.
You have no rights to a jury trial, only to a jurisdiction hearing. During the jurisdiction hearing, the judge will review:
The probation officer’s report
Your psychiatric and medical reports
Evidence by your defense attorney and the district attorney about your case
Then the court will determine whether the petition against you should be sustained.
If you are adjudicated a ward, the court decides where you will be placed during the disposition hearing. You could be:
Placed under the supervision of a probation officer
Committed to a juvenile camp or ranch
Committed to the Division of Juvenile Justice
Placed on formal probation
Different Sentencing Options in California Juvenile Cases
A juvenile who has committed a crime and whose petition filed by a prosecutor or probation department has been sustained can face any disposition or sentencing option below. The sentencing option is dependent on factors such as the seriousness of the crime, previous criminal record, whether the victim sustained severe bodily injury, and the alleged victim’s status.
Informal Probation
Informal probation per WIC 725 or 554, your petition is brought, but you might face informal probation. It could involve a supervision period that does not exceed six months, where you enter an alcohol or drug treatment program together with your parent’s engagement (s).
Otherwise, you could be put under supervision for
Six months
Require you to attend school
Have both your parents and you enroll in counseling programs
Comply with curfew rules except when accompanied by your legal guardian or parent
You could also pay restitution to the alleged victim and submit to drug testing. Your parent(s) should pay restitution if you aren’t working or can’t make the payment.
Generally, this sentencing option is for a non-violent crime like trespass or vandalism. After the probation period has elapsed and you have not violated any law and has complied with all probation terms, your petition is dismissed.
Division of Juvenile Justice Commitment
You will be subjected to this sentencing option if you have committed:
A serious felony
A crime under W&I Section 707(b)
An offense that requires sex offender registration
Sometimes, if the minor is above fourteen and has been charged with a 707(b) offense, the prosecutor could bring charges in adult court before the passing of proposition 57.
Formal Juvenile Probation
A ward could also face formal probation that could be served at home, camp, a relative’s home, or group home. During the probationary period, the court requires you to follow the following conditions:
Compulsory school attendance
Curfew restrictions
Performing community service
Not interacting with specific people
Restitution
Drug or alcohol counseling
Generally, juvenile camps are short-term programs and tailored to offer counseling, vocational training, educational services, recreational activities, and work experience.
You Might Face Diversion
Before your petition is brought, the involved parties could settle on a diversion disposition under W&I 654. A probation officer could develop a plan that includes your parents’ participation in an education or treatment program for a maximum of six months.
You could be sent to a community facility for ninety days. If you complete the diversion program, the case will be dismissed or dropped and no petition filed.
Deferred Entry of Judgement
A Deferred Entry of Judgement requires you to accept the accusation in your petition. The DEJ disposition allows the dismissal of the petition provided you complete the court-ordered program.
The sentencing option is for less severe crimes and does not include:
Sexual assault
Gang-related offenses
Offenses under W&I Section 707b list
Offenses involving firearms
Violent felonies
While under the DEJ disposition, you are subject to searches without a warrant of your residence, property, or person. Other terms include:
Submit to random alcohol testing
Curfew
Compulsory school attendance
Restitution
The court cannot dismiss the charge earlier than twelve months and not later than thirty-six months from the date of referral to the DEJ program.
Sealing Your Juvenile Criminal Record
California permits the sealing of a juvenile criminal record to protect children from prejudice stemming from the juvenile record. Contrary to popular belief, juvenile delinquency adjudication isn’t automatically sealed once you attain eighteen years. To have the criminal record sealed, you should bring a petition with the court. The court has the discretion to determine whether to seal the records or not. As a result, engaging a seasoned attorney increases your chances of successful case outcomes.
The public cannot access your convictions and arrests once they are sealed.
That means you can lawfully answer “No” to all inquiries about the conviction or arrest.
However, your records can be reopened due to the following situations:
You are party to a civil lawsuit.
The Department of Motor Vehicles might permit auto insurance adjustors to inspect the driving record to analyze your insurance risk and eligibility.
The prosecution could access your sealed record when finding and revealing exculpatory proof in your case.
You could begin the record sealing process after either:
At least five (5) years have elapsed after the court supervision, or
You have attained eighteen years and completed probation.
However, you do not qualify for the record sealing if you were found guilty of a crime under W&I 707(b) after you were fourteen.
The Sealing Process
The record sealing process per W&I Section 781 takes approximately eight months. The minor should file the petition in a court in the California county where they were found guilty.
While the minor’s defense attorney could appear in court, the judge might elect to interview the juvenile in person.
After filing the petition, a hearing date is set. During the hearing, the judge analyzes the petition and proof presented by you, the prosecutor, or the Department of Probation.
Once the court analyzes the evidence, the judge can decide to either:
Deny your petition, or
Grant your record and send copies of your order to every agency that has or can access your records ordering them to seal and destroy your records.
It is recommended to engage a seasoned lawyer who is well-versed with the juvenile judicial system. The attorney will work to ensure that the record sealing process is successful.
When Could a Juvenile be Tried as an Adult?
The judge decides whether you are fit for the juvenile criminal process in a fitness hearing. The judge will consider the following when determining whether you are likely to benefit from the rehabilitative services of juvenile court:
The seriousness of the crime
Whether you can be rehabilitated before the jurisdiction expires
Your prior criminal record
The level of criminal sophistication you showed
The success of prior attempts to rehabilitate you
If the judge decides that you won’t benefit from the rehabilitative services, you will be transferred to adult court. The prosecutor might start a transfer hearing when:
You are at least sixteen years and are alleged to have committed a felony or an offense in the W&I Code 707(b)
You are fourteen or fifteen when you allegedly broke a W&I Code 707(b) offense and weren’t apprehended until you are eighteen.
When your child is tried as an adult, they will face the same penalties as an adult found guilty of the same offense. It includes potential incarceration without parole depending on the seriousness of the crime. However, a minor cannot be sentenced to death under any circumstances.
What is the Role of the Probation Officer?
In an adult court, the proceedings’ significant players are the criminal defense lawyer, prosecutor, and judge. However, in juvenile criminal cases, the probation officer is another player involved in several aspects of your case.
Your Arrest Phase
When you are arrested, you will meet a probation officer. If the police believe the alleged crime is severe, they will take you to juvenile hall, and the probation officer will interview you. The juvenile hall can be likened to the county jail for minor children.
Adjudication Phase
The probation officer will also play other roles in the proceedings, such as:
Recommending whether the prosecutors should bring a petition against you
Recommending whether it is okay to be tried in the juvenile criminal process
Typically, the probation officer will consider the following factors before making a decision:
Whether the behavior involved threats of physical harm or physical harm to property or persons
Whether you have had a problem in the community, school, or home that shows formal court action is necessary
Your capabilities, maturity, and age
After the Sentencing
If the court sustains the petition against you, the officer is responsible for your oversight. It is especially true when committed to a camp or permitted to go home on probation.
Expungement- sealing of the record
Sentenced as an Adult
https://www.freeadvice.com/legal/sealing-juvenile-criminal-records-in-california-process-to-seal/
https://www.shouselaw.com/ca/defense/post-conviction/seal-juvenile-records/
https://aizmanlaw.com/sentencing-options-juvenile-cases/
https://www.shouselaw.com/ca/blog/laws/does-californias-juvenile-court-have-jurisdiction-over-children-of-all-ages/
https://www.nolo.com/legal-encyclopedia/constitutional-rights-juvenile-proceedings-32224.html
https://ylc.org/wp-content/uploads/2018/11/OverviewJuvenileJusticeSystem2014.pdf