Contra Costa County Juvenile Crime Lawyer

You get a call from the police station. Your child has been arrested for shoplifting, vandalism, or some other crime. Where can you turn for help? The most effective step you can take at this crucial moment is to hire a lawyer who is experienced in juvenile law, an attorney who knows how to effectively defend your child against criminal charges. Your child’s future depends on it. Contact a criminal defense lawyer at O’Connor Law APC.

Juvenile Crime Lawyer Serving Clients in the Bay Area

While the goal of the juvenile court system is to rehabilitate rather than to punish juvenile offenders, the result is not always a positive one. An arrest for a juvenile offense can be a crossroads in a young person’s life. The experience can encourage a youth to stick to the straight and narrow, or it can become the first step down the wrong path.

At O’Connor Law APC, we have been helping young people navigate the juvenile court system for many years. We understand that young people sometimes make poor choices and we work diligently to see that a youthful mistake doesn’t prevent them from achieving their goals in life.

We use our knowledge of juvenile law to help clients understand the charges at hand and how we can best proceed. We strive to promote alternative sentencing when possible, such as home detainment, community service, or other rehabilitative programs. When a conviction is unavoidable, we assist clients with future expungement (record clearing) so that past mistakes do not continue to haunt them in the future and hinder their ability to pursue employment, college loans, and other opportunities.

Who is Classified as a Juvenile Under California Law?

In California, a juvenile is defined as any individual under the age of 18 at the time the alleged offense was committed. Juvenile delinquency cases are generally handled in the juvenile court system, which is designed to focus on rehabilitation rather than punishment. Delinquency jurisdiction generally begins at age 12, with children under 12 falling outside it except for a narrow set of the most serious offenses. However, the legal system can still impose serious consequences, especially for repeated offenses or crimes involving violence.

It’s important to understand that the juvenile justice system operates very differently from adult criminal court. The terminology, procedures, and even the goals of the court vary significantly. Juveniles are not found “guilty” or “not guilty.” Instead, a judge will determine whether the allegations are “true” or “not true.” Because of these differences, it is essential to work with an attorney who has specific experience in juvenile law and who can protect your child’s rights at every stage of the process.

How Does the Juvenile Process Work in CA?

The juvenile justice process in California begins the moment a minor is detained or arrested by law enforcement. From there, the case can follow several paths depending on the nature of the offense, the minor’s prior record, and the discretion of the authorities involved. Here is a general overview of how the process works:

1. Detention and Notification: After arrest, the minor may be taken to juvenile hall, released to a parent or guardian, or referred to a diversion program. Law enforcement is required to notify the parent or legal guardian, and the minor must be informed of their rights.
2. Intake by Probation Officer: A probation officer reviews the case to determine whether to dismiss the charges, handle the matter informally, or refer it to the district attorney for formal proceedings. For first-time or low-level offenses, diversion or informal supervision may be recommended as an alternative to court.
3. Petition Filing: If formal charges are pursued, the district attorney files a petition with the juvenile court alleging the offense(s). This is similar to an adult criminal complaint.
4. Detention Hearing: If the minor remains in custody, a detention hearing must be held promptly, generally within 48 to 72 hours. At this hearing, the judge decides whether the minor will remain in juvenile hall pending the outcome of the case or be released to their family.
5. Jurisdiction Hearing: This is the equivalent of a trial in juvenile court. The judge hears evidence and determines whether the charges in the petition are true. There is no jury — all decisions are made by the judge.
6. Disposition Hearing: If the petition is sustained (i.e., the charges are found to be true), a disposition hearing is held to determine the appropriate consequences. This may include probation, community service, counseling, placement in a group home, or, in more serious cases, confinement in a juvenile facility.
7. Review and Sealing: The court may periodically review the case to assess the minor’s progress. Upon satisfactory completion of probation or other court orders, the court may order the record sealed under Welfare & Institutions Code § 786, giving the minor a fresh start.

When Can a Juvenile Be Tried as an Adult?

A juvenile case can only reach adult court one way, and it is not the prosecutor’s choice alone. Since Proposition 57 passed in 2016, a district attorney can no longer file a case against a minor directly in adult court. The prosecution must instead ask the juvenile court to transfer the case, and a judge decides after a transfer hearing under Welfare & Institutions Code § 707. Older material sometimes calls this a “fitness hearing,” which is the term the law used before Proposition 57.

Two limits matter most for families:

• Age. A minor must have been 16 or 17 at the time of the alleged offense to be transferred. Children who were 14 or 15 cannot be transferred to adult court, with a narrow exception for cases where the person was not apprehended until after juvenile court jurisdiction had already ended.
• The prosecution’s burden. Since January 2023, the district attorney must prove by clear and convincing evidence that the minor is not amenable to rehabilitation while under the juvenile court’s jurisdiction. That is a meaningfully higher standard than the one that applied before, and if the court orders a transfer it must state its reasons on the record.

For a minor who was 16 or 17, the prosecution may seek transfer in any felony case — not only the most serious charges. In deciding, the court weighs the minor’s degree of criminal sophistication, whether they can be rehabilitated before juvenile jurisdiction expires, their prior delinquent history, how well earlier rehabilitation efforts worked and whether adequate services were actually offered, and the circumstances and gravity of the alleged offense.

A transfer hearing is often the most consequential stage of a juvenile case, because the outcome determines whether your child is facing rehabilitation-focused disposition or adult criminal penalties. We prepare for these hearings with the minor’s full background, school and treatment records, and evidence of what services have and have not been made available.

Contact a Pleasant Hill Juvenile Crime Lawyer Today

If your minor child has become involved with California law enforcement, please do not hesitate to contact a juvenile crime defense lawyer at O’Connor Law APC who has the experience in juvenile law needed to effectively handle your case.