Understanding the Juvenile Criminal Process: What Parents Need to Know
Understanding the Juvenile Criminal Process: What Parents Need to Know
As a parent, learning that your child has been arrested can be overwhelming. Understanding the juvenile criminal process is crucial for navigating this challenging time. At Michelle Trujillo Law, we’ve guided countless families through the juvenile justice system in Kern County. Here’s what you need to know:
1. Initial Detention
If your child is arrested, they may be taken to a juvenile detention facility. Unlike adults, juveniles don’t have the right to bail. Instead, a detention hearing must be held within 48-72 hours to determine if continued detention is necessary.
Key Point: Contact an experienced juvenile defense attorney immediately. Early intervention can often lead to your child’s release to your custody.
2. Filing of Charges
The prosecutor will decide whether to file a petition (equivalent to charges in adult court). Not all arrests result in filed petitions.
If your child is arrested, they may be taken to a juvenile detention facility. Unlike adults, juveniles don’t have the right to bail. Instead, a detention hearing must be held within 48-72 hours to determine if continued detention is necessary.
3. Detention Hearing
If your child is detained, this hearing determines whether they should remain in custody or be released to your care. The judge considers factors like the severity of the alleged offense and the child’s home environment.
4. Pretrial Proceedings
This phase involves negotiations between your child’s attorney and the prosecutor. Many cases are resolved at this stage through plea agreements or diversion programs.
5. Adjudication Hearing (Trial)
If the case isn’t resolved, it proceeds to an adjudication hearing. Unlike adult court, there’s no jury – a judge decides the case.
Important Difference: In juvenile court, a juvenile cannot be found “guilty.” If a judge believes the minor committed a violation of criminal law, the petition is found “true.” The child does not suffer from a “conviction,” but instead, he/she is “adjudicated delinquent.”
6. Disposition Hearing (Sentencing)
If the petition is sustained, the court holds a disposition hearing to determine the appropriate rehabilitation plan. This could include probation, counseling, community service, or placement in a juvenile facility.
Key Focus: Juvenile court emphasizes rehabilitation over punishment. Your attorney should advocate for programs and services that address your child’s specific needs.
7. Post-Disposition
Depending on the case, there may be ongoing review hearings to monitor your child’s progress.
Remember:
At Michelle Trujillo Law, we understand the stress and uncertainty families face during this process. With over 30 years of exclusive juvenile law experience, we’re committed to guiding you through each step, protecting your child’s rights, and working towards the best possible outcome.
If your child has been arrested or is facing charges, don’t wait. Contact Michelle Trujillo Law today for expert juvenile defense representation in Kern County.
Mario Garza
Mario Garza, having served with distinction for two decades in the Kern County Sheriff’s Department, brings a unique perspective to the juvenile law niche. As a former deputy sheriff, he spent a significant portion of his career as a bailiff in the Juvenile Justice Center, gaining invaluable insights into the intricacies of the legal system and the operations of the Kern County Superior Court. Mario is also a computer and iPhone programmer, web developer, and card-carrying geek. This rich background informs his approach to marketing for legal professionals.