What Happens When a Juvenile Is Arrested in California

When a young person is arrested in California, many people mistakenly assume that the law will “go easy” on them and the consequences will be minimal. Unfortunately, that is often not the truth. The juvenile justice system can have an extremely negative impact on a young person’s life, so it is important to take steps that protect rights and advocate for consequences that instruct rather than those that punish. The goal should be to find ways to move upward and onward rather than to make choices that lead to a downward trajectory in the future.

Parents need to understand what happens when a juvenile is arrested in California and the steps they can take to prevent or minimize unwanted consequences, so the minor’s future can be protected.

Circumstances Affect the Process

The juvenile courts in California address many different types of cases. Some involve very minor offenses, but others can be extremely serious. On occasion, the young people in juvenile court are not even charged with committing a specific crime, but their cases are considered because they are missing school or are considered “beyond parental control.” Since circumstances can vary widely, procedures for handling juveniles vary significantly.

Generally, police will take one of the following actions after a minor under the age of 18 is arrested:

• The police may record the arrest and allow the minor to return home
• The police may send the minor to an agency for care or counseling
• The police may bring the minor to the police station
• The police may issue a Notice to Appear to parents (and the minor). The notice will have instructions about where the minor should go in the future to have their case reviewed and decided

The police may place the minor in juvenile hall for detention. When that happens, the minor is permitted to make a call to a lawyer, a parent, another relative, a guardian, or a boss.

It is important for the minor who was arrested and the minor’s parent or guardian to understand the rights and responsibilities that attach at this point. An attorney can ensure that the minor’s rights are appropriately respected at each stage in the proceedings and help families comply with all requirements to avoid compounding the offenses.

Rights and Responsibilities

Except in emergency situations, a minor arrested should be informed of their rights before being questioned, including the right to avoid self-incrimination by remaining silent. If a minor is in police custody, they have the right to speak with an attorney before answering questions. If the minor (or their family) cannot afford an attorney, the court will appoint one. This attorney will represent the minor, not the parents.

When a child is locked up, parents have the right to be informed as soon as possible. But parents also have responsibilities. They may ultimately be required to pay for damage or injuries caused by the minor. But the most immediate responsibility is a duty to comply with a Notice to Appear and related obligations, such as signing contracts and bringing the minor to court dates.

The Outcome After Receiving a Notice to Appear

In most cases, a Notice to Appear will order a minor to meet with a probation officer at a specific time and place. As a result of a meeting, the probation officer might simply lecture the minor and allow them to go with a warning. The probation officer might determine that the minor should have the option to participate in a volunteer program rather than going to court. If the program is completed successfully, then the case could be closed with no further consequences.

The probation officer could decide that the case should be sent to the district attorney, who would decide whether to file a petition, which is similar to filing charges in an adult criminal case. The probation officer might send the minor back home while awaiting the district attorney’s actions. Or the probation officer might keep the minor in detention. Then a detention hearing will usually be scheduled on the next day the court is open.

If the District Attorney Files a Petition

When the district attorney files a petition initiating a court case, the petition explains the offense for which the minor is being charged. The parents should receive a copy of the petition (and if the minor is at least 8 years old, they will be given a copy as well).

The first hearing held after the petition is filed is similar to an arraignment in an adult criminal case. The court names the charge, and the minor either admits to committing the offense or denies committing the offense. If the minor is being held in detention, the judge will decide whether to continue the detention or send the minor home to await the trial. This is similar to being released on bail except that no bail payment is required.

There may be one or several conferences and hearings after this where attorneys discuss evidence and negotiate to see whether it is possible to settle the consequences without a trial. When a defense attorney is prepared to present consequences that have a rehabilitative function, this can prove to be a beneficial outcome for the minor.

If the offense in the case is serious and the minor was at least 16-years-old at the time of the offense, then a hearing may be held to determine whether the case should be transferred to adult criminal court.

If the case is not settled, a trial is held in front of the judge (there is no jury). The district attorney presents evidence trying to prove that the minor committed the offense, and the defense attorney works to refute this evidence and present affirmative defenses. The judge may decide there’s not enough evidence to hold the minor responsible for the offense, and then the case would be dismissed. 

If the judge decides the minor committed the offense, then the judge may impose consequences or announce that a disposition hearing will be held later to determine the consequences. The minor may be allowed to return home with probation supervision, or the minor may be ordered to move to a foster home, institution, camp, or ranch for probation. In some cases, the minor may be detained in a Secure Youth Treatment Facility, or the case could be handled by the Division of Juvenile Justice.

Protect Your Child’s Future with a Strategic Defense from Berkowitz Law

Public defenders are dedicated professionals, but there is only so much they can do with the limited time and resources at their disposal. When the future is on the line, your child deserves a defense strategy implemented by an attorney with the experience and ability to advocate effectively for the most beneficial outcome under the circumstances.

At Berkowitz Law, we understand the unique opportunities and challenges of the juvenile justice system, and we work vigorously to secure the right results in every case. For a confidential consultation to learn more about the defense advocacy we can provide, contact us now.