Juvenile Crimes

Standing Up for Your Child: Aggressive Juvenile Crime Defense

Northern CA Juvenile Delinquency Attorney

Compassionate Support for You and Your Child in Dublin, Fremont, Oakland, Modesto, Pleasanton, & Surrounding Areas

At Jesse J. Garcia Attorney at Law, we take a personalized approach to defending juveniles and guiding families through every difficult step of the legal process. With 50 years of experience, our juvenile delinquency attorney are confident in the courtroom and knowledgeable about the juvenile justice system.

While the juvenile delinquency process may feel overwhelming, you can trust that our experienced attorney will confidently and efficiently represent your child and work to protect their future. Schedule a free consultation online or call us at (510) 782-7580 today.

Understanding the Juvenile Court System

In California, a child can face juvenile delinquency charges if they have committed a crime. To determine the appropriate legal consequences, the court considers factors such as:

The child’s age.
The seriousness of the crime.
The child’s criminal history.

Based on these factors, the court may order one of the following outcomes:

The child lives with their parents under court supervision.
The child is placed on probation and may be required to live with a relative in a foster or group home or an institution.
The child is placed on probation and sent to a probation camp or ranch.
The child is sent to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), or Division of Adult Operations (CDCR).

If sent to the DJJ:

The child will spend the first 30 to 90 days at a reception center, where they will be assessed for their education and treatment needs.
Afterward, they are typically sent to a correctional facility or youth camp.

What to Do After a Juvenile Arrest

Law enforcement has several options when a juvenile is arrested. Depending on the circumstances, the police may:

Make a record of the arrest and release of the child.
Send the child to an agency for shelter, care, or counseling.
Require the child to return to the police station.
Issue a Notice to Appear for the child and their parent/guardian.
Place the child in the juvenile hall (detention).

How Are Parents Informed After a Juvenile Arrest?

When a child is arrested, they have the right to make at least two phone calls within an hour. These calls can be made to:

A parent, guardian, relative, or employer.
A lawyer (privately hired or court-appointed).

Law enforcement is required to:

Inform the child of their Miranda rights, which include:
The right to remain silent.
The fact is that anything they say may be used against them in court.
The right to legal representation.
Inform parents or guardians when their child is arrested. They must explain the child’s location and rights.

Note: Juveniles 15 years old or younger must speak with a lawyer before waiving their Miranda rights or speaking with the police.

What Happens if We Receive A Notice to Appear After a Juvenile Arrest?

If law enforcement issues a Notice to Appear, the child must meet with a probation officer. The officer may decide to:

Scold the child and let them go home.
Require the child to complete a voluntary program (e.g., counseling, special classes, or community service) instead of sending the case to court.
Send the child home while referring the case to the district attorney, who will decide if court involvement is necessary.
Keep the child in detention and schedule a detention hearing for the next day, with the district attorney filing a petition (usually within two days of the arrest).

Minors in Adult Courts

While most juvenile cases are handled in juvenile court, serious offenses may result in a child being tried as an adult.

Under California’s three-strikes law, certain serious or violent crimes committed by minors can count as strikes in the future. For example, children as young as 14 years old may be tried in adult court for crimes such as:

Murder or attempted murder.
Arson.
Rape.
Kidnapping or carjacking.
Crimes involving weapons.
Drug trafficking crimes.
Escaping from juvenile detention facilities.

Important Notes:

A minor tried in adult court may be sent to adult prison.
However, most minors sentenced to adult prison remain at the Division of Juvenile Justice (DJJ) until they turn 18 years old.
Sometimes, a judge may allow the minor to serve their sentence at the DJJ if it ends before they turn 21.

Questions? Contact Jesse J. Garcia Attorney at Law Today

If your child has been charged with a criminal offense, don’t wait to seek legal support. The juvenile delinquency process can be complex, especially if your child is at risk of being tried in adult court.

At Jesse J. Garcia Attorney at Law, we have 50 years of experience defending clients in juvenile and adult courts. We are here to guide you through the process, protect your child’s rights, and fight for the best possible outcome.

Contact us today for a free consultation. Call (510) 782-7580 or reach out online to discuss your case.