A minor who commits a crime in California goes through the juvenile justice system that seeks to rehabilitate rather than punish the minor. If the judge sustains the petition against a juvenile offender, several penalties can be imposed, including being declared a ward of the court. If the judge declares a minor a ward of the court, the court will have power and control over the minor. Another standard sentence made by the juvenile court is subjecting the minor to juvenile probation. While on probation, the minor must comply with the court's probation conditions. If your child faces criminal charges or is sentenced to juvenile probation, you need the guidance of an experienced attorney. At the California Criminal Lawyer Group, we have experienced attorneys in Bakersfield who can help you understand juvenile probation. Our attorneys will also represent your child throughout the legal process.

Understanding Juvenile Probation

Juvenile probation is an order that the court imposes on a minor facing charges under the juvenile delinquency system. Probation is an alternative to a jail term and comes with conditions the offender must comply with. Probation aims to rehabilitate minor offenders rather than punish them. While on probation, a minor can continue with work or school and remain part of society.

Here is what you should know regarding juvenile probation:

While On Probation

While on juvenile probation, a minor must visit the County Probation Department or Juvenile Services Office in their area. A juvenile must also complete an assessment and orientation if they are newly placed on probation. The probation officer usually conducts home and school visits and schedules meetings with the minor's parents and guardians to assess how the child is fairing.

Parents or guardians must carry the following at the first meeting with the probation officer:

  • The packet the parent or guardian received in court.
  • The minor's birth certificate.
  • Social security card.

The following factors will determine how long juvenile probation lasts:

  • The severity of the crime.
  • The juvenile's compliance during probation supervision.
  • Progress while on probation supervision.
  • Applicable jail term for the crime committed.

Types Of Juvenile Probation

The Welfare and Institutions Code (WIC) outlines the rules, laws, and regulations that govern juvenile probation. Probation can be either wardship or non-wardship. Wardship probation is where the court fully controls the minor, acting more like the minor's parent. Wardship probation allows the probation department to take the child away from their home if necessary. On the other hand, non-wardship prevents the probation department from taking the child away from their home. Therefore, the offender remains at home with their parents throughout probation.

Wardship Probation – Welfare And Institution Code 602

The court can place a minor on wardship probation if they are found guilty of committing a crime. The judge can recommend a formal probation whereby a probation department supervises the minor. In this case, the minor becomes a ward of the court and remains under the court's control until age 21. However, if the court commits a juvenile offender to the Division of Juvenile Justice, the offender remains under the court's control for up to 24 years.

Informal Diversion – Welfare And Institution Code 626(b)

Under this statute, law enforcement could put a minor under an informal program. The court cannot intervene because no charges are filed against the juvenile. The officer in charge of the case can also order the offender to show up in a teen court. Alternatively, the officer can also schedule a peacemaking meeting between the juvenile offender and the victim.

Informal Probation – Welfare And Institutions Code 654

The probation officer can put a minor under this diversion program if the program will benefit the offender. This is a voluntary deal between the juvenile, the probation officer, parents, or guardians. The juvenile can be under this program for a period that does not exceed six months. After completing this program, the probation officer can close and dismiss the juvenile case. However, the probation department could refer the offender to the District Attorney's Office for a formal petition to the juvenile court if the offender fails to complete the program.

Informal Probation – Welfare And Institutions Code 654.2

If the District Attorney's Office files a formal petition with the Juvenile Court, the judge could order the child to undergo this diversion program. In this case, the judge could put the case on hold instead of sentencing the juvenile offender. This allows the minor to participate in a six-month diversion program with the probation department. After completing the program, the judge can dismiss the charges and close the case against the child. However, if the offender fails to complete the program, the judge can sentence them for violating the law.

Non-Wardship Probation – Welfare And Institutions Code 725(a)

According to WIC 725(a), a juvenile could be guilty of committing a misdemeanor offense. In this case, the judge could put them on probation for up to six months. Several conditions could be imposed to ensure the minor completes the probation and undergo targeted rehabilitation.

Wardship Probation – Welfare And Institutions Code 725(b)

The court controls the minor under this statute but puts the offender on probation that does not exceed six months with specific conditions.

Wardship Probation – Welfare And Institutions Code 727

The court will exercise control over the minor. This usually happens if a minor is guilty of committing certain crimes. The court will preside over everything the juvenile does. The juvenile must also comply with the rules and regulations and avoid committing another crime.

Deferred Entry Of Judgment (DEJ) Probation – WIC 790

The court can place a minor on probation for committing a felony under WIC 790. However, before probation, the offender must comply with certain conditions. Some of the conditions can be as follows:

  • Should not be sentenced to the California Youth Authority.
  • Not above 14 years old during the hearing.
  • No record of probation revocation.
  • Have not been a ward of the court, and the underlying case is their first felony offense.
  • Must be eligible for probation under Penal Code 1203.6.
  • The offense of which the juvenile is convicted of is not one of the PC 707(b) offenses.

The offenses categorized under PC 707(b) are serious crimes. They include the following:

  • Murder.
  • Rape with force.
  • Sexual assault.
  • Attempted murder.
  • Assault using a firearm or any assault causing bodily injury.
  • Kidnapping, arson, or theft causing bodily injury.
  • Armed carjacking.
  • Forcible sex crimes.
  • Various violent felonies.

Probation permits the offender to serve part or all of the sentence out of custody as long as the offender adheres to various conditions. Most juveniles convicted of misdemeanor crimes, even repeat offenders, are eligible for summary probation according to PC 1203.6.

Summary probation does not include a jail term as long as the juvenile complies with other conditions, such as paying fines and restitution. The judge does not demand a probation officer report or opinion before granting probation. The judge can only request this report if the juvenile has committed a sex offense.

However, if a minor is convicted of a felony, it can be challenging for the judge to grant probation. Probation in felony cases is also more formal, unlike misdemeanor charges. Before determining whether juvenile offenders qualify for probation, they can request a probation officer's opinion or report. The court can deny an offender probation if:

  • The juvenile furnished PCP.
  • Killed or injured someone else in a drive-by-shooting.
  • Caused significant bodily harm to the victim.
  • Used a deadly weapon.

Violation Of Probation

Various probation facilities have rules and regulations that minor offenders must comply with. Failing to adhere to the set rules and regulations violates probation. The probation officer can file the violation in court. If this happens, the judge could revoke the probation and impose severe punishment, like incarceration.

Violation Of A Deferred Entry Of Judgment (DEJ) Program

The WIC 725 permits the judge to put a minor on a deferred entry of judgment program in juvenile court. This mainly happens when the judge sustains a petition against a minor. The judge could dismiss their charges if the minor completes the DEJ program.

On the other hand, a juvenile offender can be declared a ward of the court and placed on probation for violating the DEJ. The offender could qualify for a formal probation hearing after placement on DEJ. However, the qualification is based on the recommendation of the probation officer to revoke the DEJ. The offender can qualify for a formal contested disposition hearing if the court desires to remove them from their parent's home.

Violation Of Juvenile Probation

The probation officer will notify the court and the District Attorney about a minor's probation violation if the minor has been declared a ward of the court and put on home probation. Under WIC 777, the District Attorney has a right to file a petition against the minor to revoke and terminate probation. The probation officer's recommendations will determine whether the juvenile offender should be removed from the home. However, the minor can request a formal hearing to challenge the probation violation accusations.

Violation Of Non-Wardship Probation

When a minor is arrested for a criminal offense, the probation officer reviews their case. The officer determines whether to forward the case to the District Attorney's office for petition filing in juvenile court. The probation officer can grant the offender informal diversion under WIC 654 if convicted of a low-level offense. Informal diversion usually takes a period that does not exceed one year. During this period, the offender must comply with all the program conditions. The probation officer could refer the case to the district attorney if the minor fails to comply with the set conditions. The district attorney will then file a petition in juvenile court.

The Hearing Of Juvenile Probation Violation

The prosecutor will present witnesses during the probation violation hearing. The minor's attorney will also have an opportunity to cross-examine the prosecution's witnesses and will also present witnesses.

Hearsay evidence is legal as long as the judge believes it is reliable. Unlike during a trial, the witnesses have a lesser burden of proof during a probation violation hearing. The witnesses only have to prove that the juvenile offender violated the conditions of probation by a preponderance of the evidence.

The juvenile court can impose additional sentencing if it finds the juvenile guilty of violating the probation conditions. For example, the court has the offender continue on probation but with additional conditions. Some conditions can include loss of privileges, stricter curfews, and additional community service. The probation could also be revoked, and the offender could be sent to a probation camp or locked juvenile facility. However, the juvenile will have the opportunity to explain why he/she should remain at home before the court issues an order to remove them from their family home.

The Juvenile Offender's Rights At The Probation Hearing

If accused of probation violation, a juvenile must understand their legal rights to avoid severe repercussions. The following are some of the rights:

  • The right to have a non-biased judge hear the case.
  • The right to be notified of the violation through a written letter.
  • The right to legal representation.
  • The right to present witnesses and evidence to support their case.

A skilled and experienced attorney can evaluate the case and help you understand your child's rights.

Probation Officer's Responsibility In Juvenile Probation

The court will allocate a probation officer once it puts a minor on probation. The officer will monitor the juvenile to ensure compliance with the rules and conditions of probation. The offender will report to the probation officer regularly. The parents or guardians have a duty to notify the probation officer of any probation violation. The juvenile's parents work with the probation officer to ensure the minor complies with the conditions of probation.

Probation officers, like attorneys and prosecutors, are essential in the juvenile delinquency system. They guide how various juvenile cases should be handled. They also take care of minors serving probation and run the juvenile halls. They play an essential role in juvenile cases, from arrest to disposition.

Probation Officer's Duty During An Arrest

If a juvenile has committed a severe crime, the arresting officer will take them to the county probation officer for an interview. After the interview, the probation officer can do the following:

  • Order the police to put the minor behind bars until the judge determines their case, which could take no more than 48 hours.
  • Order a diversion program and permit the juvenile to go back home. In this case, the probation officer does not file the petition. Instead, the juvenile can sit with the probation officer and their family to deliberate the case.
  • Set a court hearing with the judge and put the offender in an alternative placement or allow them to return home.

Probation Officer's Duty During The Adjudication

After interviewing the juvenile offender, the probation officer can ask the prosecutor to do the following:

  • File for an adjudication petition.
  • Try the minor through the juvenile court system.
  • Send the minor to an adult court.

The prosecutor's filing is essential for all 707(b) charges. However, before the prosecutor recommends a filing, he/she could consider the following:

  • If the juvenile has any substantial issues within the family, community, or school.
  • If the offense the minor committed posed a threat to another person's physical health or if it involved violence.
  • The offender's age, capabilities, as well as maturity.
  • The juvenile's attitude and that of your family.
  • If there are deliberations about the minor's charges and if it has been decided that the dispositions of the court are necessary.

Probation Officer's Duty During Disposition

The judge will assign a probation officer once the court convicts a juvenile or puts them on probation. The judge will not necessarily assign the officer who recommended the petition filing. The juvenile must meet with the probation officer periodically while on formal probation.

Whenever the probation officer feels it is necessary, he/she will set up a meeting with the juvenile. There will be no frequent meetings with the probation officer if a minor is on informal probation. However, the probation officer could occasionally contact the minor and meet with them and their parents.

The probation officer's duties are to assist the juvenile in attending diversion programs and ensure that they comply with the conditions of probation. If the minor's caregivers discover any violation, they should report it to the probation office. The probation officer or the court will set specific conditions based on the seriousness of the crime and the juvenile's criminal history. The conditions imposed can include the following:

  • Participating in random drug and alcohol tests.
  • Removing tattoos.
  • Taking part in drug, alcohol, and anger management programs.
  • Not getting close or contacting the victim.
  • Movement restriction and being monitored electronically.
  • Attending school regularly without fail.
  • Paying for damages caused to the county or the victim.
  • Adhering to curfew hours.
  • Being banned from wearing gang colors, associating with gang members, or even involvement in gang activities.

Juvenile Probation And Drug Testing

The juvenile offender must give a urine sample to the probation department if the court places them on probation and orders them to go for a drug test. The purpose of the test is usually to check the presence of LSD, marijuana, cocaine, heroin, angel dust, meth, and ecstasy. The probation department could also conduct background research with the help of a drug recognition expert. The department could do this to ascertain the drugs the minor has been taking. An offender can exhibit the following signs that are associated with drug abuse:

  • Movements that show muscle rigidity.
  • Poor performance on the coordination tests.
  • Injection sites and needle marks.
  • Changes in the eyes, including a reaction to dilation, light, or construction.

Whether a Juvenile Record Can Be Expunged Or Erased

A minor should secure a Certificate of Rehabilitation from the court before requesting a pardon from the Governor's Pardon. The Certificate of Rehabilitation typically allows offenders to regain some civil and political citizenship rights. Securing a Certificate of Rehabilitation also serves as a plea to the governor for a pardon. The rights restored by a pardon are defined under Penal Code 4852.17.

An offender can also file a petition with the court to have their record expunged. However, the law only allows an offender to file a petition if he/she qualifies. A minor can file your petition with the superior court near them or the superior court in which they were convicted of a felony. A minor can also submit their request by petitioning the court, which dropped their accusatory pleading under Penal Code 1203.4. However, hiring a skilled and experienced attorney is advisable because this is a complicated and lengthy procedure.

Senate Bill 190

On October 11, 2017, former Governor Jerry Brown signed Senate Bill 190. SB 190 was a major juvenile justice reform bill aimed at improving youth rehabilitation and enhancing public safety. The law also stopped the aggressive and discriminatory practice of charging parents and guardians administrative fees for minors in the juvenile system.

Senate Bill 190 repeals county authorities from imposing fees on parents or guardians for the following:

  • Drug testing in the juvenile system.
  • Electronic monitoring.
  • Detention.
  • Hiring a public attorney.
  • Children probation supervision.

Some counties still impose one or more of these fees on parents and guardians today. California banned the charging of juvenile administrative fees. This supports families to succeed and reduces the barriers to youth rehabilitation.

Find a Criminal Defense Attorney Near Me

Having your child accused of a crime can be a confusing and overwhelming experience. After all, you only expect the best for your children. The thought of your child violating the law can be overwhelming. If your child faces criminal charges, you should contact an attorney immediately. An attorney will fight for your child's rights and negotiate for a favorable sentencing. At the California Criminal Lawyer Group, we have experienced attorneys in Bakersfield who understand everything about the juvenile justice system. Our attorneys will walk with you and your child from the commencement to the case's conclusion. Contact us at 661-750-8230 to speak to one of our attorneys.