Anyone can break the law, including children, particularly during their teenage years because they are curious to try out everything. At the teenage stage, a child can make wrong decisions, which can put them in trouble with the law, leading to criminal charges. As a parent, you would likely be emotional and confused to hear that your child has been arrested for an alleged crime. Several sentencing options are available under the California juvenile court system, and the judge can use their discretion to settle on the appropriate sentencing. Usually, juvenile court judges recommend sentencing options that rehabilitate a child rather than punish them. The judge made this ruling during the juvenile disposition hearing. As your child faces a juvenile disposition hearing, you should seek the services of a competent attorney for the best possible outcome. At the California Criminal Lawyer Group, we have experienced attorneys who can assist your child in preparing for the hearing and represent them at the hearing in Bakersfield, CA. 

Understanding The Juvenile Disposition Hearing

Lawmakers understand that juveniles differ from adults. Thus, juvenile sentencing differs from adult court sentencing. If your child commits a crime, the law does not allow them to go through the regular justice system for adults. The charges that your child faces remain in the juvenile justice system. A judge in the juvenile court will listen to your child's case to determine whether the allegations against the child are true. The judge can either suspend or sustain the petition against a minor.

Unlike in the adult criminal justice system, the legal terms applied in the juvenile justice system are different. For example:

  • In the juvenile delinquency court, the word ''disposition hearing'' means ''sentencing hearing'' in an adult court.
  • In the juvenile delinquency court, the word ''adjudication hearing'' means ''trial hearing'' in an adult court.
  • In the juvenile delinquency court, the term ''sustained petition' means the accusations your child is facing are true, and it is similar to a conviction in an adult court.
  • In the juvenile delinquency court, the term ''delinquent act'' means an offense or wrongdoing.

Usually, your child’s case will proceed to the disposition hearing if he/she loses at the adjudication hearing or trial. At this hearing, the judge in the juvenile court will determine the appropriate sentence or disposition for your child’s sustained petition.

Several disposition options are available in the juvenile justice system. In this case, the judge will consider some factors while deciding the appropriate disposition for your child’s charges. Some of the factors the judge considers include the following:

  • Whether your child is psychologically or mentally impaired.
  • Your child’s attorney mitigating claims.
  • The kind of disposition that the probation officer recommends for your child’s case.
  • The past delinquent record of your child.
  • The gravity, severity, and facts of the said delinquent act.
  • The age of your child.

Your child's disposition hearing can happen immediately after the adjudication hearing if the juvenile court has all the details required to make a disposition decision. On the other hand, the hearing could be postponed for the following reasons:

  • When the judge is waiting for a mental or psychological assessment of your child.
  • When the judge is waiting for you to present necessary information or documentation, which can assist in portraying the child in a better light,
  • When the judge is waiting for the recommendation from the probation officer on the proper disposition of your child's charges.

If the child is still behind bars, the disposition hearing should happen within ten days after the child's trial hearing. The law allows your child to testify at the disposition hearing. Still, you should let the child understand that their statements can positively or negatively influence the judge's disposition decision. An experienced criminal defense attorney can guide your child regarding how to testify, particularly what to say and not say in court for the best outcome.

When The Disposition Hearing Takes Placement

If the juvenile court judge has all the necessary information regarding your child's case, the juvenile disposition hearing can occur immediately after the trial concludes. However, the hearing can be delayed if the judge waits for the probation officer's report. This report contains the probation officer's recommended sentence for your child. The hearing can also be delayed if the juvenile offender's parents would like to submit additional information to better portray the juvenile. In this case, the judge can postpone the juvenile disposition hearing until all the relevant information is available.

The judge can also postpone the hearing if the minor has mental health issues. The additional time will allow the child to undergo the necessary psychological evaluation.

However, the waiting cannot continue indefinitely; the hearing occurs within ten days if the minor is in custody. The victim can testify or provide a written statement at the disposition hearing. The juvenile offender also has a right to testify at the.

Disposition Options Your Child Could Face During Disposition Hearing

Several factors will determine the type of disposition your child will face. The judge will impose a sentence or disposition that rehabilitates, disciplines and gives your child essential tools to grow as a productive citizen. If the court sustains the petition, your child could face the following dispositions:

Informal Probation

Your child could qualify for informal probation or a diversion program under WIC 654 or WIC 754 if their delinquent act is not violent or severe. For example, the judge could sentence your child to WIC 654 informal probation for a sustained petition for a non-violent crime like vandalism under Penal Code 594.

If the court grants your child informal probation under WIC 654, the child will be lucky because the prosecutor cannot file the alleged charges. The court could appoint a probation officer to formulate a probation program that your child will participate in. The following services could be in the probation program:

  • School attendance.
  • Drug education, and
  • Counseling.

On the other hand, the prosecutor could file a petition against your child for a diversion under WIC 754. However, the judge can suspend the petition until your child completes the required probation successfully. Completing successfully means your child did not commit any crime or violate any condition of probation.

The court could dismiss your child's case after completing the probation successfully. However, failure to comply with the required conditions or poor performance during probation can lead to termination of probation. The prosecutor could file a formal petition against your child if this happens. The judge in charge of the case would then choose the sentence the court deems best for the child. Your child must typically prepare and challenge the accusations at the adjudication hearing. This could lead to severe punishment if the judge sustains the petition.

Formal Probation

Even if your child is declared a ward of the court, there is still hope. During the disposition hearing, your child's attorney can persuade the judge to sentence the minor to formal probation. Formal probation is a lesser sentence than spending time in a Division of Juvenile Justice (DJJ) detention facility.

The court assumes the primary responsibility for determining the proper treatment for your child if the juvenile is declared a ward of court. The judge will decide whether your child should live with a relative or in a foster home during the formal probation period. The court could impose specific terms and conditions on your child if it grants them formal probation. The following are the conditions that could be attached to probation:

  • Put on a monitoring device.
  • Pay restitution to the victims.
  • Mandatory school attendance.
  • Enroll for substance abuse counseling session.
  • Participate in community service.
  • Remove particular graffiti.
  • Refrain from speaking with certain people.
  • Comply with curfew restrictions.

In more severe cases, the court can sentence your child to a probation camp for three months or one year. The court could impose a similar sentence if your child requires substantial treatment and rehabilitation. The probation camps could have structured daily programs offering treatment and education programs, which your child must adhere to during probation.

Placement At A Division Of Juvenile Justice Facility (DJJ)

Your child could be placed in a DJJ rehabilitation system if convicted of a serious or violent felony. WIC (b) crimes and any sex offense listed under Penal Code 290.008 are serious offenses that can qualify your child to enroll in a DJJ facility. The severe crimes include:

  • Arson.
  • Assault with a gun.
  • Discharge of a firearm at an inhabited building or structure.
  • Attempted murder.
  • Robbery.
  • Murder.
  • Rape.

Typically, DJJ is part of the Department of Rehabilitation and Corrections. The detainment and correctional facilities the judge will order your child to use to serve their sentence are severe, just like adult prisons.

The aim of putting a child in a DJJ facility is not punishment but to rehabilitate the child. However, if detained in these facilities, your child's social life could be negatively influenced. Generally, your child will spend their youthful stage with other juvenile criminals. The juvenile court judge will consider the following factors when deciding whether to send your child to a DJJ facility:

  • The importance of paying damages for the injuries of the victim.
  • Community and public safety.
  • Your child’s best interests.

The prosecutor is also required to prove beyond a reasonable doubt that:

  • Your child will be amenable to treatment offered under the DJJ system.
  • Lesser sentence options are not appropriate for your child’s sustained petition because of the severity of the charges.

Usually, every child's case is unique, and the court will assign a convicted child a specific DJJ facility based on the following factors:

  • The maturity level of your child.
  • Your child’s educational requirements.
  • Your child’s risks and individual needs.
  • The age of your child.

The maximum period your child will spend in a DJJ facility could be similar to that of an adult convicted of a similar offense.

Deferred Entry Of Judgment (DEJ)

Under Welfare and Institution Code 790, your child is required to admit the accusations to face this disposition. The judge will then drop the child's charges after completing the designated DEJ programs successfully. If your child is a first-time felony offender, the judge will sentence them with a sustained petition for non-WIC (b) crimes to a DEJ program that can take one to three years.

However, sentencing options at the disposition hearing typically depend on the circumstances of the case. It also depends on the severity of a minor's unique delinquent act.

Additional Severe And Lasting Repercussions Of A Sustained Juvenile Petition

Sadly, a sustained petition can negatively affect your child in the future. It is always advisable that you seek the services of an attorney to help your child fight the accusations, secure lesser charges, or have the charges dismissed. A sustained petition can generally lead to the following lifelong detrimental repercussions:

Strike Under The Three Strikes Law

The voters passed the Three Strikes Law, Penal Code 667, in 1994. This law was enacted to punish repeat offenders who are not ready or unwilling to learn from their previous mistakes. Under PC 667, a sustained petition for particular severe crimes will also amount to a ''strike''. In this case, an adult court will consider a minor's delinquency history while making sentencing or probation decisions for any new crime the child commits in the future. The minor could face a jail term that does not exceed 25 years to life in prison for future convictions if the offender has two or more strikes on their record under this law.

On the other hand, the court could double your child's sentence for any future offense conviction if the juvenile has one sustained juvenile petition for a qualifying severe felony. The following are serious felony offenses, which will count as a strike according to PC 667:

  • Robbery.
  • Kidnapping.
  • First-degree burglary.
  • Oral copulation.
  • Carjacking.
  • Murder.
  • Rape.
  • Arson.

Inclusion In Sex Offender Registration

According to Penal Code 290, individuals who commit sex offenses must register as sex offenders with the nearest law enforcement agency to their residence. In the past, a sustained petition for any sex crime required permanent registration as a sex offender. However, after the passing of Senate Bill 384, people convicted of particular sex offenses, including children, will have to comply with the registration duties for only ten to 20 years.

According to SB 384, only individuals with sustained petitions involving severe crimes like rape must adhere to lifetime registration duties. If your child is a registered sex offender under PC 290, the juvenile must let the local police know of their whereabouts, including the workstation, the school, and the residence. Your child will have five working days upon receiving a disposition to register their address with a local law enforcement agency.

The juvenile offender must update their registration status within five working days of a residence change or birthday. Besides the requirement of registration, inclusion in the sex offender registry can negatively influence your child's life in the following ways:

  • Your child cannot stay near parks.
  • Your child cannot reside near schools.

After A Disposition Hearing

Several things could happen after a juvenile disposition hearing, including:

Filing An Appeal

Your child could file for an appeal if they are unsatisfied with the ruling or how the process ended. The juvenile could file an appeal with the help of their attorney if there was a disregard for their rights. The attorney is required to file an appeal notice before the actual appeal. If your child decides to appeal the verdict of the disposition hearing, the appeal must be within 60 days after the judge's ruling. Sometimes, if the district attorney is not happy with the verdict of the case, an appeal is possible.

Request The Judge To Set Aside The Court Order or Findings

A juvenile, with the help of an attorney, could also ask the judge to change or cancel the court order. This usually occurs when there is new proof or if your child's situation changes.

A More Strict Or Restrictive Disposition

The judge can order a juvenile offender to comply with specific conditions and requirements after the disposition. Your child could be ordered to return to court for failing to do what the court requires. This can attract severe or more restrictive sentencing.

Sealing The Child’s Records

After five years, your child could request the sealing of their juvenile records. This occurs if the juvenile does not commit other offenses or has other issues in the juvenile court. A minor can request the sealing of their juvenile records by contacting the probation officer. However, your child can only request the sealing of their records after turning 18 if the initial hearing occurs in front of the judge. The probation officer or the minor could ask the judge to seal the following:

  • Arrest records.
  • Probation records.
  • The court file.
  • Records from other agencies that could have records concerning the child’s case.

Your child must fill out an application requesting the sealing and pay a fee.

The Probation Department And The Sealing Of Children's Records

The probation department plays a significant role in sealing the child's juvenile records. The department will consider the request and do the following:

  • Assist in filling and filing the petition.
  • Let the district attorney’s office know.
  • Decide if the child should petition the court.
  • Book a court date.
  • Assist in making and submitting a report to the court.

The judge will assess the petition and the report and decide about sealing the child's records. The judge will consider the following factors to determine whether to seal the child's records:

  • If there are pending cases in court about the child’s incident or case.
  • If your child completed their jail term and rehabilitation.
  • The crime your child committed.

When A Child Is Treated As An Adult

When a child commits a crime, the child will go through a juvenile justice system. However, some exceptions exist, whereby the child could be handled like an adult and be taken to the adult court. There is no juvenile disposition hearing if a juvenile case is handled in an adult court. California changed the way it handles certain children in 2000. The probation officer will determine what happened after taking and screening the child and before the petition is filed. The district attorney can file the case in adult court directly rather than going through the juvenile system. The district attorney will consider the following factors when deciding whether to file charges in an adult court:

  • If the child committed a sex offense through force.
  • Whether the child committed a serious felony crime and fired a firearm.
  • If the offense was an aggravated kidnapping whose punishment is life imprisonment.
  • Whether the juvenile offender engaged in attempted premeditated murder.
  • Whether your child is facing first-degree murder charges.
  • If your child has a prior criminal record and was 16 or 18 years old when committing the offense,
  • Whether the child was 14 when committing the offense.
  • If the child is already a ward of the court because of the prior felony crime.

If the district attorney files the case in adult court, the juvenile offender will be handled just like an adult offender. The minor will also face similar laws and legal procedures as an adult and will have the same rights as an adult. The offender could face a similar sentence if convicted of the same offense as another adult. Sometimes, however, the court could decide that the child should still receive juvenile judgment at the end of the case.

Find A Criminal Defense Attorney Near Me

If your child is accused of a delinquent act or crime, you need to seek the services of a competent attorney with a thorough understanding of juvenile delinquency matters. You should consult an attorney to help you fight the accusations for the best outcome of your case. At the California Criminal Lawyer Group, we understand what is at stake when your child is arrested for an alleged crime. Our skilled attorneys will help you create a winning defense strategy. We have helped many clients fight juvenile delinquency charges, including representing them during juvenile disposition hearings in Bakersfield. Call us at 661-750-8230 to speak to one of our attorneys.