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Juvenile Offenses in California

8/27/2013

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Los Angeles Juvenile Lawyer
LOS ANGELES JUVENILE DEFENSE LAWYER
Juvenile Justice can refer to two completely different judicial processes.  The juvenile dependency system is designed to protect juveniles from neglect and abuse by guardians.  The juvenile delinquency system covers cases where minors are arrested for crimes.

Juveniles are treated differently than adults when accused of crimes.  While a juvenile can be charged as an adult, generally speaking, offenders under the age of 18 will be charged as a juvenile.  The biggest difference between the adult and juvenile justice systems is the much greater emphasis the juvenile system places on rehabilitation.  It is important to note that like adults, juveniles have a right to be represented by an attorney at legal proceedings.

And while juveniles are afforded many of the same rights, there are no jury trials for juveniles.  The juvenile court process starts with a detention hearing (held within two court days of arrest), where it will be determined whether the juvenile must remain in custody pending a disposition of their case.  This is similar to the bail process for adults, except that bail is a right for adult offenders and juveniles do not have a right to bail.  The juvenile's attorney must demonstrate to the court that the juvenile is not a flight risk or a danger to him/herself and others.  If the judge does not release the juvenile, the hearing can be challenged and a re-hearing will be held within 3 court days. 

Serious offenses may proceed to a "fitness hearing" to determine whether the juvenile can be tried as an adult.  The juvenile version of a trial is called an adjudication.  A judge, not a jury, will be the fact-finder and determine whether the juvenile is guilty.  The government still has the burden of proving the juvenile guilty beyond a reasonable doubt in order for the judge to sustain the petition.  If the petition is sustained, the case will proceed to sentencing/disposition.  A sentence can be probation, fines, removal to foster care, and detention in camps or in a juvenile detention center.  If the petition is set aside, the no sentence will be imposed.

Even with the emphasis on rehabilitation, juvenile convictions can still be damaging.  In addition to fines and probation, sentencing for some juvenile offenses does include juvenile detention.  While most juvenile records can be sealed upon the minor turning 18, violent felonies cannot be sealed and can even be used as a strike during any future adult proceedings.

Juvenile cases are unique in several ways, but ultimately require passionate advocacy on behalf of the minor.  Prosecutors seek harsh punishments for juvenile offenders and it is important to have the best legal representation you can get.  Contact the Law Offices of Nicholas Loncar today for a free consultation with a Los Angeles Juvenile Criminal Defense Lawyer.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar


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