Common Juvenile Crimes

Your teen may find themselves in juvenile court for behavior that would be illegal if they were adults. Any conduct that is a criminal offense in California can lead to charges for an adult or minor, including stealing, fighting, vandalism, and doing drugs. However, certain activities are illegal based on your child’s age, such as alcohol offenses, marijuana crimes, sexting, and skipping school. In California, the commission of a crime by a minor is known as juvenile delinquency.

A juvenile crimes lawyer at a qualified criminal defense firm can help your son or daughter with charges that include:

Theft (California Penal Code [PC] § 484, 488, 459.5)

Your child can be charged with petty theft, shoplifting, or grand theft. Depending on the items allegedly stolen and their value, they could face misdemeanor or felony theft charges. Teens are often arrested and entered into the juvenile justice system for shoplifting small items.

Assault and Battery (PC § 240, 242, 234(d), 245)

If your child gets into a fight, they could face assault and battery charges, or aggravated assault or battery charges. While many of these are misdemeanors, there are times when they could rise to the level of a felony. If your teen is accused of assault or battery that included a dangerous weapon or led to serious bodily harm, contact a juvenile defense attorney right away.

Vandalism (PC § 594)

If your son or daughter is found spray painting, defacing, or destroying property, they will be charged with malicious mischief, which most people refer to as vandalism. This could include egging someone’s home or car, as well.

Alcohol Possession (Business & Professions Code § 25662)

Your child cannot lawfully purchase, possess, and drink alcohol until they are 21 years old. If they are caught with alcohol in any public place, they can be charged with a crime. If your underage son or daughter was caught with alcohol and is facing charges, as a result, contact a juvenile crimes lawyer right away.

Underage DUI (Vehicle Code § 23136, 23140)

Your child can be arrested and charged with DUI if they have any detectable alcohol in their system while driving. A blood alcohol concentration (BAC) of .01 percent or higher will lead to charges because California has a zero-tolerance policy for this offense. If your teen had a BAC of .05 or higher, they face even harsher charges and penalties.

Marijuana Possession (Health & Safety Code § 11357)

To use marijuana recreationally in California, you must be over 21 years old. If your teen is caught with marijuana, they could get into trouble with the law. However, possessing small amounts of marijuana is an infraction, and upon a first offense, your child may be forced to complete drug education and community service.

Sexting (PC § 311 or PC § 647(J)(4))

California does not have sexting-specific laws; however, it could still be illegal for your minor to participate in this activity. If your teen sent nude photos of themselves, received and kept nude photos of other teens, or sent another person’s nude photos to friends, they could be in trouble. Even if the photos were consensually taken, sent, and received, they may constitute child pornography. Also, if the nude photos were not consensually shared, they may violate the state’s “revenge porn” statute.

Rape (PC § 261–269)

Teenagers may be accused of sex offenses, including rape. If your child has been accused of sexually assaulting another person, whether it is an adult or a minor, contact a juvenile crimes lawyer immediately.

  1. Common Juvenile Crimes
  2. An Overview of the Juvenile Justice System Process
  3. Potential Penalties for Juvenile Crimes
  4. When a Juvenile Can be Tried as an Adult

An Overview of the Juvenile Justice System Process

As a parent dealing with the California juvenile court system for the first time, it is important to understand the process you’re about to go through. The juvenile court process has many stages, though it will move much faster than the adult criminal process. You can expect your teen’s case to move forward in a matter of weeks. Many teens get to their disposition hearing (the juvenile version of a trial) within 30 calendar days.

Arrest & Intake (Welfare & Institution Code § 625–631, 652–665)

A police officer can take your child into custody without a warrant as long as the officer has probable cause that your teen committed a crime. The officer has some discretion in what to do next, though the most common step is for the officer to deliver the minor to a probation officer.

If the cop takes your child to a probation officer, they must provide a written statement of probable cause. The probation officer will then investigate the situation and determine whether to release or detain your teen. If the probation officer believes there is not enough evidence to move forward with a case, they will release your teen to you or another parent or guardian.

If there is enough evidence to move forward with charges, then your child will either be detained or released on home supervision. There is no such thing as bail for minors in the juvenile system. Under California law, the probation officer can only detain your minor child if:

When your child is placed under home supervision, they must follow certain restrictions and appear at their detention hearing in the coming days or weeks.

For help understanding your son or daughter’s legal options following an interaction with a police or probation officer, contact an experienced criminal defense attorney to speak with a juvenile crimes lawyer right away.

Informal Disposition or Petition in Juvenile Court

The probation officer has another choice to make. After deciding there is enough evidence that your adolescent may have committed a crime, the probation officer must determine whether an informal disposition is appropriate, or whether to ask a prosecutor to file a petition in juvenile court.

Informal disposition means your child does not go through the juvenile court system entirely. Instead, for up to six months, you and your teen must abide by certain conditions. If all goes well during this period of time, your teen may be able to move forward without any further proceedings or findings against them. However, if your child fails to abide by the rules, the prosecutor has the discretion to file a petition against your child, which means they will move forward with criminal charges.

Detention Hearing (Welfare & Institution Code § 632, 635)

If a probation officer decides to detain your teen, then there must be a hearing to determine whether your child should continue in the court’s custody or be released. A detention hearing must be held within 48 hours of a warrantless arrest for a misdemeanor that did not include violence, a threat of violence, or possession or use of weapons, if the minor is not currently on probation or parole. Or, a detention hearing must be held before the expiration of the next judicial day after a juvenile court petition is filed.

In order for your child to continue being detained, the prosecution must show that your child returning to your home is contrary to their welfare, and that at least one of the factors is true:

A juvenile crimes lawyer at a qualified criminal defense firm will do everything we can to ensure your child is released and returned to our care.

Arraignment Hearing (Welfare & Institution Code § 700)

Whether or not your child is released, if the prosecutor filed a petition with the juvenile court, then your child must show up for their arraignment. This is the hearing during which your child will hear the charges against them and learn about their rights during the proceedings. In some situations, detention and arraignment hearings are combined.

Before your child submits a plea, the judge will ascertain whether they understand the allegations and the nature of the proceedings. If the judge is satisfied with your child’s understanding of the situation, then your child must:

Your child should have a lawyer at their arraignment. An attorney with knowledge of juvenile law can help your teen understand what is happening, and the consequences of any plea they submit.

If your child denies the allegation, then the court will set a date for the jurisdiction hearing, This is the juvenile equivalent of a trial.

Pre-Trial Proceedings

Your teen’s case may not go directly from the arraignment to a jurisdiction hearing. There are several pre-trial proceedings that may occur, including:

Plea Bargain Negotiations

After a petition has been filed and before a jurisdiction hearing, your child’s juvenile crimes lawyer may recommend negotiating with the prosecution. By working with the prosecuting attorney, your son or daughter’s charges may be reduced. Alternatively, your child may be able to obtain an advantageous plea bargain.

Jurisdiction Hearing (Welfare & Institution Code § 657, 701.1)

If your child were an adult and had been charged with a crime, they would have a trial. In the juvenile court system, this hearing is known as a jurisdiction hearing. It is presided over by a judge who will make the final determination. There are no jury trials in the juvenile system. This hearing must be scheduled within 15 court days of the detention hearing, or within 30 calendar days of when the case is filed.

During a jurisdiction hearing, the prosecution presents evidence to the judge. Once the prosecution’s turn is finished, your child’s juvenile crimes lawyer can proceed with their defense. Often, your son or daughter’s attorney will immediately ask the court to dismiss the case based on insufficient evidence. If the court denies the motion to dismiss, then your child’s lawyer will present evidence on your child’s behalf.

In the end, the judge will determine whether the allegation of your child’s alleged criminal conduct is true or false. If the judge believes the evidence shows beyond a reasonable doubt that your child committed a crime, then this is known as a “true finding.”

Disposition Hearing (Welfare & Institution Code § 702, 725.5)

If the court hands down a true finding, then the next hearing is in regard to your child’s punishment. For adults, this is known as a sentencing hearing. For an adolescent, it is known as a disposition hearing.

The disposition hearing can occur right away, or the judge may delay it:

The judge will review the entirety of the circumstances to determine an appropriate disposition for your child.

Subsequent Proceedings

After your child’s jurisdiction and disposition hearings, the case may not be over. Their juvenile crimes lawyer may recommend appealing the decision or punishment. You must file an appeal within 60 days.

If the situation has changed or new evidence has been obtained, then you, your child, or other interested parties may file a petition for modification. This petition may ask the court to change its judgement or penalty or to terminate its jurisdiction over the matter.

Also, five years after your child’s penalty is complete, or anytime after your child turns 18, they can petition the court to seal their case records.

  1. Common Juvenile Crimes
  2. An Overview of the Juvenile Justice System Process
  3. Potential Penalties for Juvenile Crimes
  4. When a Juvenile Can be Tried as an Adult

Potential Penalties for Juvenile Crimes

If the judge makes a “true finding” in your child’s case, then the judge has the discretion to penalize your child in a variety of ways. Overall, there are three types of dispositions: Dismissal of the case, temporary probation without wardship, or wardship.

Dismissing the Case (Welfare & Institution Code § 782)

There are situations in which despite the allegations being true, the judge does not believe your child should be punished. The judge may find it is in your child’s best interests to dismiss the case. You should work with an experienced juvenile crimes lawyer to determine if this outcome is possible.

Probation Without Wardship (Welfare & Institution Code § 725, 729.2, 729.10)

The judge may sentence your child to probation for up to six months without making them a ward of the court. If your child is required to go through probation, both you and your son/daughter must follow a number of conditions. You may be required to participate in educational programs or counseling, with or without your child. Your child may need to abide by a curfew. Your child must attend school without any absences, and they may be required to complete drug or alcohol education or counseling. If they fail to adhere to the rules of probation, a juvenile court judge may make them a ward of the court.

Wardship (Welfare & Institution Code § 726–731.1)

Wardship means the judge makes your minor child a ward of the court. The court can continue to exercise authority over your child as if it were a parent. During a wardship, your child may be able to stay at home with you, or they may be removed from the home. There are many potential penalties a judge can utilize under wardship.

Wardship — Removal from Home

The court may order that your child be removed from your home. This typically occurs if the court deems you or the child’s other parent or guardian incapable of providing appropriate care, your child has failed to reform while on probation in the past, or your child’s welfare requires that custody be taken away from you or the other guardian. If your child is not committed to a juvenile hall, camp, or ranch, or confined to a juvenile detention facility, then they may be placed in foster care, a community care facility, or with a relative.

Wardship — Juvenile Camp, Ranch, or Hall

When your child is deemed a ward of the court, the judge may decide to send your child to a juvenile camp, ranch, or juvenile hall for a period of time. After they complete their time at this facility, they may be able to return home, or they might be required to go to foster care, a relative’s home, or a community care facility.

Wardship-Supervised or Unsupervised Probation

As a ward, your child may be required to undergo supervised or unsupervised probation while living at home or a facility. If your child is on supervised probation while at home, they may need to check in with a probation officer or the court on a consistent basis. You may also be required to participate in a counseling or education program with your child.

Wardship — Confinement

If your child is at least 11 years old and committed certain serious crimes, then the judge may order that they are confined to a Department of Juvenile Justice facility for a specific or undefined period of time.

Restitution and Fines

Your child may be ordered to pay restitution to the victims, a restitution and/or a wardship fine to the court. These fines can amount to hundreds of dollars, or more than $1,000. Your child could also be required to pay fines they could be charged if they were found guilty of the offense in an adult court. Additionally, as a parent or guardian, you can be found jointly and severally liable for these costs. You may be required to pay the fees if your child cannot. If you cannot afford to pay these fees, you should work with a juvenile crimes lawyer to show the court your inability to pay.

Additional Penalties for Juvenile Cases

There are other consequences that you and your child should know about, including:

At a qualified criminal defense firm, our juvenile defense lawyers will ensure you and your teen are fully aware of the potential consequences of a conviction. An experienced attorney will also explain how a true finding can lead to collateral consequences, such as registration requirements, firearms restrictions, educational and career difficulties, and much more.

  1. Common Juvenile Crimes
  2. An Overview of the Juvenile Justice System Process
  3. Potential Penalties for Juvenile Crimes
  4. When a Juvenile Can be Tried as an Adult

When a Juvenile Can be Tried as an Adult

Proposition 57 passed in November 2016, and it changed how charges against minors are filed in juvenile court. A prosecutor may file a motion to transfer a juvenile case to the adult court system if:

These offenses listed in Welfare & Institution Code § 707(b) include, but are not limited to:

When a judge is deciding whether your child’s case should move to the adult court system, they will consider:

Your Child’s Rights During a Juvenile Court Case

The juvenile court system is very different than the adult court system, and your teen does not have all of the same rights as they would within the adult courts. However, your child still has many rights, which should be protected and promoted by a juvenile crimes attorney.

Your child has:

As a parent or guardian, you also have rights during the process, including:

Contact a Juvenile Crimes Lawyer Immediately

If your adolescent child is in trouble with the law, it is best to call a lawyer right away. At experienced criminal defense attorneys, an experienced attorney will thoroughly review the allegations against your child. Then an experienced attorney will determine the best course of action. An experienced attorney will fight to:

To learn more about what you and your child are up against, visit SPCRC's Recommended Lawyers to schedule a free consultation with a juvenile crimes lawyer.