Your minor child can be arrested like an adult offender, but California will handle their situation differently. After the arrest, the probation department will have jurisdiction over the case. The Bakersfield officer can place the minor in an informal diversion program if it is a first-time offense. After completing probation, the officer will submit a report of your child’s report to the court, and the court will drop the case. Understanding the legal process of informal probation can be challenging and confusing. The California Criminal Lawyer Group can help you gain insight into what will occur to the minor during the informal diversion, allowing you to know your rights and the proper steps to take to protect your child.

Informal Juvenile Diversion Program Per WIC 654

An informal diversion program occurs when a probation officer chooses not to bring a specific case to the California juvenile court. Instead, the official sets conditions that, if met, will permit the delinquency charges against the minor to be dropped.

Suppose the probation department places your child on an informal diversion program consisting of community service. The judge will drop the case without proceeding to court, provided the minor serves the community. That way, the juvenile avoids a criminal record.

Juvenile delinquency cases are primarily minors and are prosecuted as California misdemeanors or infractions. Nevertheless, if a minor commits a severe crime like rape, murder, or other criminal activities considered serious., they might be prosecuted as an adult and face severe criminal punishment. If police have apprehended you, it is vital to employ legal assistance. Following the juvenile’s arrest, the police officer can either:

  • Warn and release your minor, or
  • Take the child to a detention center.

When in detention, some hearings are conducted. A juvenile judge may release the minor into your custody pending the resolution of their case or prolong their time in detention. Children do not have a right to bail, but as a parent or guardian, you should verify that your child is not a flight risk or a danger to others.

Typical sentencing options include placing the minor under house arrest, in a juvenile delinquent camp, or in a California detention facility. Another option could be informal probation under a probationary officer’s supervision.

The California probation department plays an essential role in every stage of a juvenile case. The probation officer interviews the child following their arrest and determines if the juvenile should be detained. During the minor’s case adjudication stage, the officer should know whether to file a formal petition against your child.

During their probation, the child should be in regular contact with the probationary official. The probation officer handling the case ensures the minor adheres to the conditions and writes a report after the probation. The seriousness of your child’s offense will influence the sentence they receive from the juvenile delinquent court.

Probation officials might supervise a child who violates California law without requesting the filing of a petition.

Typically, informal juvenile diversion lasts six (6) months. The probationary official should balance the child’s interests with the community's. In all juvenile cases, the probation department should make conscious efforts to place the minor on informal probation.

Eligibility for Informal Diversion

When determining whether to place the minor on supervision without bringing a formal petition per WIC 654, the probation department should consider the following factors:

  • Can the minor and their parents resolve the issue without involving the juvenile court?.
  • Is the minor’s condition or conduct considered serious?.
  • The minor’s history of delinquency.
  • The age, capabilities, and maturity of the minor.
  • The child’s and parents attitudes.
  • The existence of circumstances indicating informal supervision could benefit the minor’s well-being and the public’s safety.
  • Whether the probation department requires further evaluation before making a final decision.
  • The affected party’s attitude.
  • Whether the youth has issues in school, home, or their community that would necessitate supervision.

Importance of Juvenile Informal Diversion

The juvenile informal diversion program replaces typical types of sentencing, like incarceration. The juvenile delinquency legal system focuses on rehabilitating minors instead of imposing punishment. The law gives children a second opportunity because of their inability to make mature judgments.

The different components of the informal diversion program are as follows:

  • Receiving job skills training.
  • Attending classes dealing with the crimes committed.
  • Service-learning programs.
  • Taking regular counseling classes.
  • Evaluation and screening.
  • Crisis intervention.
  • Receiving treatment for drug addiction or mental health.
  • Family Counseling.
  • Mandatory community service.

The above mentioned components guide your minor away from criminal undertakings and towards becoming a law-abiding, productive citizen.

Juvenile Informal Diversion Elements

Here are the elements of juvenile informal probation:

  1. An Own Recognizance Release

Informal probation permits your minor to serve their sentence out of jail. Your baby will agree in writing that they will appear in court as instructed and not commit any other offense during that duration.

An O.R. release is typically available to children who have committed infractions for offenses like shoplifting and first-time young offenders.

  1. Paying Victim Restitution

Paying restitution means compensating the affected party (victim) for the crime. It consists of paying the alleged victim or their family the incurred financial losses.

Please note that you can continue paying restitution even after your child completes their diversion program if the judge finds it essential for rehabilitation if:

  1. It is a requirement for restoring the victim’s life.
  2. Your child's delinquent conduct resulted in the victim’s financial losses.

  1. Community Service

If your minor is eligible, they must allocate specific hours of their time and commit to working for a not-for-profit organization. Community service is best for young offenders who cannot afford to pay victim restitution.

  1. Informal Probation Terms and Conditions

There are specific conditions your minor should satisfy during their informal probation. You and your minor should engage in parenting, counseling, or an educational program. It also specifies that you and your child should receive treatment and care for any addiction or drug misuse.

If your baby fails to adhere to the requirements of the diversion program within sixty days, the probation department can file a formal petition to have your minor sentenced. They can also file a formal petition after 60 days if your young offender performs poorly in 6 months and ninety days after the juvenile informal probation ends.

What Happens When Your Child Violates Their Informal Probation?

While probation is a less severe penalty than incarceration, your child should comply with every probation term. The county can terminate their probation if any individual violates it. Nevertheless, the probation department should present enough evidence proving that the minor violated the conditions.

If your child failed to attend school or broke curfew while on probation, the court can continue with their probation. If the issue differs, the judge can revoke probation and declare your child a ward. The probation department should write a report on whether your child complied with probation terms. 

What Is Next After Completing Juvenile Informal Diversion?

In six months, the young offender should go back to court. 15 days before their completion, the probation department will present a report of the baby’s performance to the judge.

The court will dismiss your baby’s petition once they complete probation. The court can extend the probationary duration if their performance is dissatisfying. Formal petition court hearings resume if the young offender fails to complete probation. The judge has a maximum of a year after the probation department files a formal petition to restart juvenile delinquency hearings.

Informal Probation and Felony Criminal Charges

The probation department should refer some criminal cases to the prosecution for formal filing. If your child committed a California felony when they were at least 14, the court cannot place them on Welfare and Institution Code 654 except in unusual cases. Per this statute, the court can:

  • Find an unusual case where the interests of justice could be served.
  • Specify on the record the rationale for its decision.

Even when your son/daughter is older than 14, and they violate a California felony, the judge should make a finding of unusual circumstances. WIC 654 is better than the deferred entry of judgment because:

  • The young offender should not admit their crime.
  • The probationary duration is shorter.
  • Informal probation conditions are more lenient.
  • The baby can contest the issue if their probation performance is dissatisfying.

How a Formal Juvenile Diversion Program Differs From Informal Diversion Program

A formal diversion program starts when your minor enters the California justice system and gets sentenced to a juvenile diversion program.

Even though a formal diversion program can be challenging, it is better than the alternative, which is incarceration.

Your Rights As a Parent During Juvenile Diversion Program

When a child engages in criminal acts and law enforcers apprehend them, your family is likely to experience confusion and some trauma. As your minor is handcuffed, taken through court hearings, and held in custody for rehabilitation, you have power as their parent.

California laws provide you with authority over the educational, medical, and welfare verdict of your minor. Your parental rights are guaranteed if your child is legally in your custody. Unfortunately, some situations can terminate these legal rights. They consist of the following:

  • When your child is in legal trouble for committing an offense caused by their environment.
  • When a child is released for adoption due to their parent's negligent acts.

Additionally, your minor has certain constitutional rights through the judicial system. The first thing the arresting police officer should do before interrogating or questioning your child is read their Miranda rights. Miranda warns the  young offenders of the following:

  • The right to stay silent.
  • The statements can be used against them in juvenile court.
  • The legal entitlement to an attorney.
  • A constitutional right to have a court-designated attorney if unable to hire one.

Young offenders also have the right to ask for their parent's presence. Your parental rights in a juvenile informal program include the following:

  • The entitlement to visit your child during detention — Parts of your parental rights include visiting your child while in custody. However, you should know that your parental visits are not confidential, even though law enforcement agents exit the court. Your conversations should be brief because interrogation rooms have CCTV cameras that record conversations and videos.
  • The legal right to be informed of your minor’s arrest — Following your child’s accusations of wrongdoing, law enforcers should notify you of your child's whereabouts.
  • The legal entitlement to have information on your minor’s legal rights — Notwithstanding your child’s alleged offense, your minor has legal rights that law enforcers should respect throughout the juvenile delinquency system. Youth between the ages of 7 and 12 hardly understand their legal protections. Even as they are processed through the juvenile judicial system, many do not understand the consequences of their crime.

Understanding the minor’s legal rights permits you to advise your child accordingly. It also allows you to safeguard their baby’s rights if law enforcement officials violate them. Here are your child’s constitutional rights:

  • The legal right to a single phone call — After being detained, your child is allowed a single phone call to notify their parents or lawyer of their arrest. If this vital call is denied or law enforcement fails to read them their Miranda rights, any proof collected against them becomes inadmissible in a juvenile court.
  • The legal entitlement not to be searched or arrested when there is no probable cause — In cases involving an unlawful search or seizure, your defense attorney could argue against it and ensure the collected evidence is not used against the minor.
  • A constitutional right to hire a lawyer — The juvenile justice system process is complicated and intimidating. However, your baby is entitled to legal counsel for the much-required legal representation. Ensure you utilize the right and enlist a proven defense lawyer to fight for your child’s legal rights and interests.
  • The right to be informed of the charges against your baby — The minor should know why the police are arresting them and the criminal charges against them.
  • The legal right to make sure your minor’s case remains confidential —Your child’s delinquent record can influence many areas of their life, including their social life, future employment opportunities, and even their reputation.

The great news is that, as a parent, it is within your right to make sure cases and court proceedings remain confidential. It will ensure the following:

  • You safeguard your child’s reputation to avoid social stigma.
  • You protect the family from potential societal stigma from the leak of sensitive information.
  • Right to access the young offender’s court files and reports for probation — The court endeavors to safeguard children's reputations, meaning that proceedings are often confidential and closed to the general public. Other parties who have access to the records include the following:
  1. School officials.
  2. Police agents.
  3. State, city, and federal lawyers.
  4. Child protection agencies.
  5. Your minor’s attorney.
  • The legal right to attend your minor’s court proceedings — The juvenile judicial process has many hearings. As the minor’s guardian, you can attend all your minor’s court dates until their release or case dismissal.

Tips to Remember When Your Child Is In Legal Trouble

Here is what you should know before your child is arrested and placed on informal probation:

Your Minor Child is not an Angel

Even good children make mistakes. The minor can be with the wrong person at the wrong time and place. Sometimes, children do things out of character, and parents can mistake their babies’ character.

The Police Is Not on Your Child’s Side and Is Untrained to Work with Minor Children

Law enforcers respond to what they see and the complaints they receive. Generally, they attempt to resolve cases fast, which could include arresting them.

Respect and Cooperation Can Come in Handy

When talking with police officers, stay rational, collected, and calm. Do not lose control; your child requires you to protect their rights and be strong. Instead, be courteous, polite, and respectful, and avoid calling police officers names.

Your child should provide their name and identification when the police ask. Do not leave your license or identification with the police, though the law enforcer can take notes or make copies.

Finally, advise the child to mind their body language.

Do Not Play an Attorney

Parents can hurt their children’s cases by accidentally waiving their legal rights. The prosecution can use anything the minor says against them in a courtroom. You will likely convince your child not to claim something incriminating as a parent. You can also advise the minor to say the truth, and the minor is likely to say anything to:

  • End the awful process.
  • Please, either you or the police.
  • Because they are afraid.

All this will not help the minor.

Communication is Vital

Be open-minded about the matter and collect as many details as possible from all involved parties. Take notes on everything; you might need them in the future.

You should teach the minor how to communicate with your defense attorney and help them request that you be consulted and informed.

If the young offender has special needs that contributed to violating the law, the information can assist with case resolution. However, you should be careful about sharing the details with the probation department, the court, and the police.

Seek Experienced Legal Representation

Your child's mistakes should not haunt them even in the future. Children are vulnerable to acting impulsively and failing to think about the repercussions. Regrettably, a momentary lapse in judgment can have enduring and severe consequences. If your child is in legal trouble, hiring a defense lawyer can shape their life and future. Here is why you should consult a lawyer:

  1. Your Attorney Brings Seasoned Legal Guidance

A lawyer can analyze your child’s case details to determine the most effective legal strategy. Depending on the case facts and the alleged criminal offense, a legal professional can work to have the case dropped or dismissed. If the probation department has already placed your child on informal probation, the attorney can work to ensure the minor receives lenient terms and conditions, like serving community service.

Leveraging their experience and knowledge, your qualified attorney can stand with you throughout the California juvenile delinquency system. They can also ensure your family understands the process and your available legal options.

  1. Accelerating the Legal Process

Without legal representation, juvenile criminal cases can take months or even years. A legal professional can fight on your family’s behalf to ensure this does not occur to your child. They can accelerate the process so the minor is not on informal probation longer than required.

  1. Protecting Your Child’s Interests and Legal Rights

Being uneducated about your child’s rights can leave your child, your family, and you vulnerable. Your defense lawyer knows your family’s constitutional rights and can protect you against violations by the judicial system or police.

Additionally, they work with the young offender’s best interests at heart, helping your family make wise decisions. They can advise you on the advantages and disadvantages of taking specific legal options.

  1. Protecting Your Child’s Future

California Criminal Lawyer Group’s primary goal is protecting your child’s future. A young offender will likely become a repeat offender without proper representation and support. Your seasoned attorney knows the issues involved in the California juvenile delinquency system and can protect your minor child’s future.

Contact Juvenile Delinquency Criminal Defense Attorney Near Me

Juvenile informal probation is a program that allows young offenders to have their criminal charges dropped. The program involves complying with probationary terms like counseling, paying victim restitution, and community service. Facing California's juvenile delinquency system is not a walk in the park, and criminal charges can disrupt your child's life, education, and future. Time is of the essence; you should seek skilled Bakersfield legal representation once you learn your child is on the wrong side of the law.

California Criminal Lawyer Group’s comprehensive background allows our criminal attorneys to bring knowledge and a host of skills to the table so that we can defend minor children. Our legal team can work aggressively to maximize your child’s chances of acceptance into the program. Please contact us at 661-750-8230 to schedule your initial no-obligation consultation.