Process of a Juvenile Case

    When a juvenile (anyone under the age of 18 when the crime is committed) is arrested, many different things can happen, including handling the charges informally or having the charges filed in juvenile court and being detained in juvenile hall or with their parent(s) or guardian(s).

    When a juvenile is first arrested, the police may decide to handle the charges informally.  The police department may have the juvenile, and their parent(s), sign a contract where the juvenile promises to do community service, attend classes, etc., in exchange for not filing charges.

    The police may decide to refer the case to the juvenile probation department.  The juvenile, and his parent(s), then meet with a probation officer who can handle the case informally, or refer the case to the district attorney's office (prosecutor) for the filing of a petition.  The petition lists the charges and is called a complaint in adult court.

    The police can also take a juvenile to juvenile hall.  If the juvenile is kept in custody (detained), the prosecutor's office has 48 hours to file a petition.  If the juvenile is not detained, the charges can be filed at a later date and the juvenile is notified by mail.

    The first court appearance is called an arraignment.  If the juvenile is in custody, the arraignment is called a detention hearing. Typically, at this hearing the court appoints the public defender and sets a readiness conference date.  If the juvenile is detained, the court decides if he should stay in juvenile hall, or be released on house arrest, or with no restrictions.

    After the appointment of the public defender, the prosecutor's office begins sending the discovery to our office.  Discovery includes police and laboratory reports, photographs, video-tapes, audio-tapes and other evidence.  An attorney is then assigned to the case and begins reading the discovery, meeting the juvenile and preparing the case.

    The readiness conference is where the juvenile and the attorney decide whether to accept the prosecutor's offer, or set the case for another hearing.  If the juvenile is in custody, the case may have been 'fast-tracked' at the detention hearing. This means that the probation officer's report (social study) has been prepared and the juvenile knows what the probation officer is recommending. Many times the judge will follow the recommendations, so they have an idea of what the disposition (sentence) may be if they accept the prosecutor's offer.

    If the juvenile accepts the offer and 'fast-tracked' the case, the juvenile can change his plea and admit the charge(s).  The judge will ask a number of questions so he can decide if the attorney has explained everything to the juvenile.  The judge then accepts the plea, and enters a true finding (conviction), and proceeds immediately to disposition.  If the juvenile has not fast-tracked the matter, the case is set for a disposition hearing.

    A juvenile can reject the prosecutor's offer and set the case for a motion or adjudication hearing.  A motion is where the juvenile, through his attorney, asks the court, in a written document, to do something regarding the case.  For example, the motion can request informal probation, suppression of the evidence, or dismissal of charges.

    An adjudication hearing is a trial where the prosecutor's office must prove the charges beyond a reasonable doubt.  A juvenile has a right to a trial within 14 court days (holidays, court closures, and weekends don't count) of their detention hearing if they are in custody. An out of custody juvenile has a right to a trial within 30 court days of the date the petition was filed.

    A trial is where the prosecutor must bring the witnesses to court, have them take an oath to tell the truth and answer questions (testify).  At the trial the juvenile has an attorney who can cross-examine (ask questions) the prosecutor's witnesses.  The attorney can subpoena witnesses or evidence for the juvenile.  At the trial, the juvenile decides whether he wants to testify or remain silent.  If the judge finds reasonable doubt, the charges are dismissed.  If reasonable doubt is NOT found, the judge makes a true finding and the case proceeds to disposition.

    Disposition is where the judge decides what the sentence will be after it reads the social study and hears from the attorneys, parents and juvenile.  A juvenile can be sent home, placed in Juvenile Hall, sent to probation camps, put in residential treatment, or committed to the California Youth Authority.  In juvenile court, unlike adult court, the judge and attorneys are NOT allowed to negotiate the disposition. What that means is a juvenile does not know what their disposition will be until they are sentenced.

    After disposition, the juvenile is ordered to return to court for a review hearing.  A review hearing is usually 1 year after the disposition and is to see how the juvenile is doing on probation.  If the juvenile is doing well, the court can terminate probation. If the juvenile is NOT doing well the judge may extend probation to allow the juvenile to complete the conditions.  If a juvenile successfully completes their conditions of probation, they can petition the court to seal their records.

    The prosecutor's office can file a petition alleging a juvenile should be tried in adult court.  The juvenile is then entitled to a fitness hearing where a judge will decide if the person should stay in juvenile court, or be tried as an adult.   If the juvenile is kept in juvenile court, all of the above apply.

    If you are charged with a crime, DO NOT TALK TO ANYONE ABOUT YOUR CASE OTHER THAN YOUR ATTORNEY.  If you talk to other people about your case, they can be forced to testify against you.  Your attorney is the only person who cannot be forced to reveal what you tell them about your case.

To help your attorney, write the following items:

1. Any questions you have.

2. The names, addresses or telephone numbers, of any witnesses. Include their nicknames, or other names they may be called.

3. The names, addresses and telephone numbers of people who can tell the court something favorable about the facts of your case, or about you as a person.

    If you are out of custody, please telephone the Department of the Public Defender, Delinquency Section at 858-974-5757 a few days after the arraignment to make an appointment to discuss the case with the attorney.

    If you are in custody your attorney will visit with you before your readiness hearing.

Additional Information for Parents after a child has been arrested or cited