Cases of children committing crimes are on the rise in California. The juvenile judicial system receives all kinds of cases, from minor infractions to felonies. Its goal is to treat and rehabilitate the minor, not punish them for their wrongdoing. This is a very different system from the justice system that handles adult criminal cases. One of the main distinguishing factors between the juvenile and adult criminal systems is parental involvement in all legal processes involving their children. For example, parents have the right to information and to hire a criminal defense attorney for their minors.

If your loved one is facing criminal charges in Bakersfield, it helps to understand your legal rights and how to protect yourself from violations. Our skilled criminal defense attorneys at California Criminal Lawyer Group can take you through the court process, explain and defend your rights, and fight with you for a fair outcome for your child’s case.

A Quick Look At The California Juvenile Judicial System

Adults are believed to commit most crimes in California. But the truth is that children, too, are not left behind. Cases of children engaging in crime are on the rise. They commit various crimes, from simple infractions to misdemeanors and felonies. However, the law does not treat a juvenile offender the same as an adult offender. Adult offenders are punished for their crimes. They receive hefty penalties, including incarceration, paying a hefty court fine, paying restitution, and participating in treatment and rehabilitation programs for which they pay. On the other hand, the law advocates for rehabilitation and treatment for juvenile offenders. It gives them a second chance to start life fresh and live a crime-free adult life.

But the juvenile system is more complex than it sounds. You need legal help to navigate it successfully if your loved one is accused of violating the law. The suspected offender will be arrested and booked in like an adult offender. After the booking, the police forward the matter to the prosecutor, and the child goes to the probation department. The prosecutor can file a petition against the minor or dismiss the case, depending on the case’s facts. If the prosecutor files a petition against the minor, they will do so in a juvenile court. The judge will hear the petition and give a final ruling.

The juvenile remains under the probation department until the judge decides whether to keep them in detention or release them to their parents. This is usually done during the detention hearing, which must be held within hours of the juvenile’s arrest. The judge considers several factors to make a ruling in this hearing, including the juvenile’s criminal history and the facts of the underlying case. If the minor poses a risk to the public or is likely to flee once released to the parents, the judge will order retention. But in most cases, minors are released to their parents pending the hearing and determination of their case.

A detention hearing follows a fitness hearing. In this hearing, the judge determines whether the minor can stand trial in a juvenile court. Again, it depends on the facts of the case and the minor’s criminal history. If a minor faces charges for a serious felony or any crime under WIC 707(b), the law requires them to stand trial in an adult criminal court. It means that the juvenile will be treated like an adult in every sense of the word. If the judge rules that the child is unfit to stand trial in a juvenile court, they will order their case to be transferred to an adult court.

But if the case remains in the juvenile court, the judge will proceed to hear the petition and determine the case. The judge can sustain the petition if the evidence against your child is overwhelming. When that occurs, they will give a disposition according to the details of the crime. Disposition is more like sentencing, whereby the judge decides what will happen to the juvenile following a sustained petition. If the prosecutor does not have sufficient evidence to support your child’s charges, the judge will dismiss their case and release them back to you.

The juvenile judicial system is complex and challenging to navigate without legal assistance. Parents are involved in every step of that process. You need help understanding what your rights, roles, and responsibilities are. You also need help determining what you can do to ensure your child receives a fair and favorable outcome for their case. Thus, you must engage the help of a skilled criminal attorney from the beginning of the journey.

Your Parental Rights in Your Juvenile’s Case

Parents are vital in their children’s lives. They provide, protect, and guide them. These crucial roles determine how a child turns out later in life. Sadly, life does not always turn out as most parents expect. Some children engage themselves in crime, much to the shock and against the expectation of their parents. When that occurs to your child, your parental rights and responsibilities intensify. You must do whatever is needed to ensure your loved one receives the care, protection, support, and treatment they need to reform. Then, they can live responsible and crime-free adult lives.

Your rights and responsibilities start immediately when your child is arrested for a crime. You have the right to know about your child’s arrest and where the police have taken them. You can accompany your loved one in every legal process they go through after arrest. You can also contest some of the lawmakers' decisions about your child. Above all, you can hire a lawyer to defend your child and help you navigate the legal process. The attorney will ensure that your minor’s best interests are considered in every process.

Here are the rights you must exercise and protect as a legal guardian:

Right to Information

Parents are their children’s legal guardians. The law considers you as your child’s legal representative until the child becomes an adult, when they will represent themselves. Thus, you must understand what happens in your child’s life, even after their arrest. The police must notify you of their suspicion that your loved one is involved in crime and the arrest. They must also inform you what will likely happen to the child once they take them to the police station.

Note that the police can release the child to you right after an arrest if the crime is minor. The arresting officer can give a warning and release the suspected offender. They will refer the matter to the probation department if the crime is serious. The officer must notify you of all this to ensure you know where your child is and what is happening to them at any given time. The officer must also prepare you emotionally for what will likely occur if your child’s case goes through the juvenile system.

Not knowing what is happening and what can happen after your child’s arrest can be stressful. The correct information enables you to decode and help the case, including hiring a criminal attorney.

Sadly, the police sometimes ignore or violate your rights or your child’s rights. For example, they can question a minor without your consent and in your absence. They do so to obtain evidence and strengthen the prosecutor’s case quickly. You must work alongside an experienced criminal attorney to protect those rights and those of your loved one.

Right to Know Your Child’s Rights

You have the right to know and understand your child’s rights in a criminal process. Remember that you are your child’s legal guardian. A minor cannot represent or protect themselves. When arresting adult offenders, the police must read and explain their Miranda rights. They must do the same to you when your child is charged. For example, you must know your child’s right to an attorney and their right to remain quiet to avoid self-incrimination. When you know your child’s rights, you can fight to protect them and ensure your child receives fair treatment throughout the legal process.

Everyone has rights under the Constitution. No one can violate your rights. While adults can understand and protect their rights against violations, children need the safeguarding of an adult. Also, children cannot understand their rights. Since your child is still protected and cared for, you must protect them and their rights from violation. Thus, you must understand your child’s rights after an arrest. You must also find ways to safeguard those rights. Children do not lose their rights just because they face criminal persecution.

Even when the police know your rights and your child’s rights, they will find every chance to violate them to their benefit. For example, an officer can use your absence to detain your child or obtain evidence from them. While the police can arrest suspected juvenile offenders, they must not keep a minor younger than twelve in custody. Only suspected juvenile offenders aged between twelve and seventeen can face prosecution in the juvenile system. Younger children must be helped while under their parent’s care. Older youngsters (from 17 years) are treated as adults when they commit crimes.

The justice system is incredibly challenging for children. Your child can be tempted or pressured to do many things, like fleeing or self-incrimination. It is easier when a guardian is with them at all times. Here are examples of your child’s constitutional rights when facing charges:

  • A police officer can only arrest your child when they have reason to believe your child committed a crime.
  • If your child is detained in your absence, the officer must allow them to make a call before questioning them.
  • The arresting officer must inform your child of the charges they face during the arrest.
  • Your loved one has the right to an attorney, especially if there is an indication that the prosecutor will file a petition against them.
  • They can ask questions and clarifications and cross-examine a witness during court hearings.
  • The prosecutor must prove your child's case beyond a reasonable doubt for the judge to sustain the petition against them.

Your Right To Confidentiality

Every parent wishes their children to turn out well, become law-abiding citizens, and live successful lives. When your child becomes involved in crime, it becomes a significant problem for you and everyone else around the child. Sadly, the legal matter does not end after the legal process. Your child’s criminal acts could haunt them for the rest of their life. The matter could keep coming up, even after successful treatment and rehabilitation. Thus, you deserve confidential treatment by law enforcement and everyone else in the juvenile judicial system.

Children who engage in crime are treated with suspicion by society, even if the allegations are untrue. Once a child is arrested, they are labeled criminals and will be treated so, even if the police, probation department, or judge dismisses their case. Your child is stigmatized right from the start and could remain under that stigma for life. The child’s dignity matters, even if they face serious criminal charges. Criminal cases involving minors must be confidential.

In that case, only you and your criminal attorney should know about your child’s arrest and their requirement to appear in a juvenile court. The police must handle these cases discreetly. The media is not allowed to broadcast criminal cases involving minors. If they do, they must safeguard the minor’s identity despite the crime's heinous nature. Juvenile courts must handle their businesses discreetly. Such confidentiality will protect your child’s reputation and dignity. When the public does not know of your child’s arrest and the details of their case, the child will be safe from public humiliation, and that will not affect their future.

Your Right to Participate in all Court Processes

The court process following your loved one’s arrest can be long and tedious. Your child will go through so many hearings and other legal processes. You have the right to be involved in all of them. If you want to participate in all court proceedings, the judge will honor your request and involve you in everything. They will provide all the information you need to decide on your child’s behalf. With your support and involvement, and without saying anything, you could influence your child to make better decisions in the future.

Your child will first attend a detention hearing after their arrest. The judge must first determine whether they can safely remain with you before the conclusion of their case or must be detained. You have the right to present evidence and arguments during this hearing to compel the judge to make the right decision per your child’s interests. If you want to attend any hearing but are unavailable on the judge's date, you can request the court make changes that suit your schedule. Your opinion on these matters is crucial since you are your child’s legal guardian.

You also have the right to attend the fitness and petition hearings and all other hearings the judge sets regarding your child’s case. Remember that the child needs your support and love to transform. Your involvement can also change the case’s outcome. During the petition hearing, the judge reviews the prosecutor’s evidence to decide whether or not your loved one is guilty of their charges. Your participation involves protecting your child’s rights and presenting evidence and arguments to counter the criminal allegations. You must fight to ensure that the court’s ruling is fair.

If the judge sends your child on probation, your involvement is crucial. Your child must attend review hearings periodically to determine their performance on probation. If they are making progress, the judge can allow them to remain on probation until the end of their case. Sometimes, judges terminate probation sentences early if the offender is completely rehabilitated. Your involvement in this period will be to ensure your child performs well and abides by all their probation conditions. You must provide a safe environment for them to foster positive behavioral changes.

Your Right To Review Your Child’s Legal Reports

So many reports about your child and their case will be written and compiled in every legal process they go through after their arrest. The police will have their report, and so will the probation department. The judge can order a psychologist or specialist to examine your child. They, too, will have a report regarding your loved one. The prosecutor will also prepare a report after every court hearing your child will attend. You have a right to review all these reports and any other court documents that pertain to our child’s case.

Even though court files, especially those regarding juvenile cases, are generally confidential, they must not be withheld from a parent. The parent can see every legal file regarding their child’s case. From there, you can tell how your child’s case is progressing and prepare yourself for what is ahead.

Other than the parent, juvenile courts allow others to access probation reports and juvenile court files. These people include:

  • Your child’s attorney.
  • Law enforcement officers.
  • School administrators where your child attends.
  • Federal, state, and local attorneys.
  • Child protection services.

You can ask your attorney to obtain all files and reports regarding your child’s case. They can also assist in interpreting those files and understanding the possible outcome.

The Right to Keep Your Child Home Before Their Case’s Conclusion

Remember that the juvenile judicial system is long as it involves multiple legal processes. Your child must undergo all those processes before the court concludes their case. That can take several weeks, months, and sometimes years since judges cannot end cases within days of arrest. Remember that the police need time to gather evidence, and the prosecutor needs time to prepare the case. You can keep your child home before the court concludes their case. If not, your child will be separated from you for a very long time.

Typically, the law advocates for your child to remain at home and attend all court hearings and other legal procedures from home. But in cases where the child poses a threat to the public or is likely to re-offend, the judge must consider placing them in detention pending their case’s conclusion. But you can contest the judge’s decision to detain your loved one with the help of your attorney. If the judge grants your request, you must commit to keeping your child safe and away from crime. Your child must also abide by some conditions the judge will set, including attending school, not going to some places, and not associating with some people.

If the judge concludes that your home environment is unsafe or conducive for your child, they will seek more favorable alternatives other than detention. For example, they can place your child with a relative or in a foster home. You can see and interact with them if you positively influence them.

On rare occasions, juvenile court judges order minors to remain in custody pending adjudication and disposition hearings. That could be the case if the minor is violent and will likely harm their family members or any other person. In that case, keeping the minor at home will not be safe. The judge will also detain a juvenile offender if they have previously violated probation or escaped detention.

Find a Competent Criminal Attorney Near Me

If your child is facing criminal charges in Bakersfield, it could be the most challenging time of your life. But your influence can change the outcome of their case. You can start by understanding your parental rights in your child’s case and what you can do to defend your child and their rights.

We can inform you and explain all your parental rights in your child’s juvenile case at California Criminal Lawyer Group. We can also work with you to protect those rights. We will develop a solid strategy to help your child’s situation and ensure that the juvenile court serves their best interests in all legal processes. Contact us at 661-750-8230 to learn more about us and your options.