Juvenile Crimes

Juvenile Crime Defense

San Diego County

Parents whose kids have been charged with a juvenile crime are often angry. They know that their children will not be well-served by serious punishment. An attorney working in juvenile crime defense can inform them about the relevant laws and work with them to get the best possible outcome.

Selecting a juvenile crimes attorney should be based mostly on the attorney's experience in juvenile defense. However, your ability to work effectively and comfortably with the attorney is also an important factor.

At San Diego Criminal Defense, we believe our attorneys have both qualities: they own tremendous experience and work hard to make each client feel comfortable. Contact us to sign up for a free, confidential consultation with one of our lawyers.

The Law and Juvenile Crimes

You can retain a juvenile crimes lawyer at any stage of a case, whether it is during the investigation or the day before arraignment. You also have the legal right to represent yourself, but it is often a bad idea -- the laws can be complicated and even counter-intuitive. You need an attorney with specific experience with the unique aspects of juvenile charges.

Juvenile courts have their own special rules and procedures, and the process is very different than that of criminal courts for adults. Juvenile crime is called an act of "delinquency" and requires juvenile court intervention to correct the delinquency. Delinquency covers every kind of offense prosecuted in juvenile courts, including:

• Drunk driving (DUI)
• Underage drinking
• Drug charges
• Shoplifting, larceny, theft

Depending on the jurisdiction, juvenile courts handle cases involving children between the ages of 10 and 18. However, in cases of violent felonies such as murder, the state may choose to try the juvenile as an adult. In most jurisdictions, the decision to try the juvenile as an adult will depend on the judge's discretion.

Juvenile Rights

Juvenile rights are different from adult rights. For example, juveniles do not have a right to a jury trial. Nor in many cases do they have a right to a public court proceeding. Notwithstanding, juveniles are entitled to have a full notice of all charges against them, the right to a fair hearing, and the right to confront hostile witnesses.

Rehabilitation over Punishment

Since a judge, not a jury, will determine the fate of a juvenile defendant, it is common for the court to favor "rehabilitation" over "punishment." The jurisdictions vary widely on the quality and types of rehabilitation offered, ranging from incarceration to participation in community service activities. If incarceration is chosen, the juvenile, in most cases, must be released no later than his or her eighteenth birthday.

In most juvenile cases, the court will place a child on "diversion" for 6 months. Diversion is essentially a probationary period, in which the charges are suspended as the child does volunteer work. If the child manages to stay out of trouble during that period, the case will be dismissed and the child will have no record.

Juvenile Sentencing

A youthful offender is usually placed in the custody of the Department of Corrections. The maximum amount of time the child can remain in custody is four years. In addition to that time, the court has the authority to order the child to serve an additional two years of supervision following release from custody. The maximum period of time under the youthful offender program that a child can be imprisoned or supervised (or both) is usually a total of six years.

The court has the discretion to divide these six years into any pattern it believes is both appropriate and in the best interest of the child and society. A child treated as a youthful offender is handled differently by the prison system. In many cases, it is a helpful way to avoid mandatory prison sentences. Youthful offender sentencing, when appropriate, can be a tool that helps not only the individual charged with the crime, but also society in general, by giving young people a second chance and an opportunity to prove that they are not going to continue a life of crime.

Parents' Liability for Their Children's Acts

Normally, parents aren't financially liable for the negligent or clumsy acts of their children. Courts seem to recognize that parents cannot prevent most accidents and mishaps of childhood. However, parents may be liable if the injured person can show that the parent's failure to supervise the child directly caused the injury.
In addition, state statutes make parents liable for:

• Willful misconduct, including defacement of property with paint or a similar substance, can mean up to $25,000 for each incident. (Civ. Code § 1714.1.) If the child injures someone, liability is limited to medical, dental and hospital expenses, up to $25,000. The maximum liability figure increases every two years, based on the rise of the annual average of the California Consumer Price Index. Parents' insurance companies are not liable for conduct attributed to the parents beyond $10,000.
• Any injury inflicted with a gun that a parent let the child have or left where he or she could get it, up to $30,000 for the death or injury of one person or his property, or $60,000 for the deaths of or injuries to more than one person. (Civ. Code§ 1714.3.)
• Willful misconduct that results in injury to school employees, other pupils, or volunteers, damage to school property or damage to personal property belonging to school employees. Parents must pay up to $10,000 in damages and may also have to pay up to $10,000 as a reward to the person who reported the child. Parents are also liable for any school property loaned to a student but not returned. Grades, diplomas and transcripts may be withheld until any damage is paid for. (Educ. Code § 48904, Gov't. Code § 53069.5.)
• Stealing merchandise from merchants, or books or materials from libraries. Parents are liable to a merchant or a library facility for damages of $50 to $500, plus the retail value of the merchandise or fair market value of the books or materials, plus costs. The total damages may not exceed $500. (Pen. Code § 490.5.)
• A parent may also be financially responsible for graffiti created by his or her child. The city or county where the graffiti is located may even place a lien against the property of the child's parent or guardian in order to recover its cleanup costs. (Gov't. Code § 38772.)

Contact Us

For help with your juvenile crime matters, call 619.231.6577 or email us through our contact page. Our attorneys are available during weekdays, weekends or evenings. We have a 24-hour answering service ready to take your call.