Senate Bill 439

When minors face criminal accusations, they require special attention while undergoing the judicial system based on their age and vulnerable status. As a parent, you need to follow up on the available options in the legal system to help your child avoid facing harsh criminal punishments. Among the statutory provisions to go through is Senate Bill 439, which provides special measures to ensure minors facing criminal trials receive lenient punishments. With a skilled attorney’s help, you can better understand the most applicable provisions that allow your child to receive rehabilitative instead of punitive court orders.

At California Criminal Lawyer Group, you receive quality legal guidance based on specific case facts in your child’s juvenile delinquency case. Our team understands the importance of conducting thorough research on the minor’s criminal file to ensure they are eligible to face lenient juvenile delinquency court procedures. Your assigned attorney is also available to represent the minor during the trial to raise their chances of encountering a favorable case outcome. Our services are available for children facing criminal trials in Bakersfield, California.

What Senate Bill 439 Entails

The criminal law system regulates people’s conduct and upholds law and order. Based on this, anyone found violating the law is subject to the criminal system, which begins with arrest. After booking and detention in a police station, you are then subject to trial at a later scheduled date.

Anyone over eighteen faces trial as an adult if they fit the legal definition. However, minors are often in a more complex situation because they are considered vulnerable members of society. The law must, therefore, accommodate children’s needs to ensure they receive functional reform systems that allow them to reintegrate quickly into society.

Based on these concerns, lawmakers tabled Senate Bill 439 to increase the leniency given to minors in the criminal system. Specifically, the bill creates provisions for protecting minors under twelve years old set to face trial from harsh criminal punishments.

Minors facing criminal accusations need counseling and other professional services to promote a lasting effect on their character. As a result, Senate Bill 439 advocates for a diversion program for minors’ case hearings into the juvenile justice system. Criminal diversion is essential because it reduces the strictness and harshness of the laws applicable to minors facing trial.

The Objectives of Senate Bill 439

All bills must present rationales to create a clear goal for the enforcers and the general public. Understanding the rationale beyond Senate Bill 439 is essential, as it allows you to understand the system in which your child faces trial and possible penalties, depending on the case outcome.

Since the primary goal of the Senate Bill is to protect children under twelve years old from facing harsh punitive measures after trial, the following are rationales raised to support its implementation:

To Reduce Crime Recurrence

Among the multiple challenges in the criminal justice system is crime recurrence, where a convicted party returns to involvement in illegal activities after serving a full term in jail or prison. It is often a reflection of non-reform, indicating the need to establish new mechanisms to deter newly released persons from re-engagement in crime.

The Senate Bill proposes finding alternative and more effective sentencing programs for children found to be wards of court for committing a criminal offense. For example, instead of locking up a child in a correctional facility, the state can identify useful reform programs that address critical issues that push them into crime.

By working on the primary cause of crime involvement, the disciplinary methods have a more substantial impact on you, making you less likely to engage in criminal activities. Moreover, seeking alternative solutions is crucial in decongesting correctional facilities that house minors, as they would only be beneficial to accommodate those involved in severe crimes.

To Establish Formal Policies on Dealing With Minors Involved in Crime

Children under the age of twelve who engage in criminal activities fall into a notable offender group that requires keen attention. Senate Bill 439, therefore, encourages juvenile courts to formally determine their jurisdiction in handling cases involving minors in this specific age group for ease of reference.

By creating a streamlined hearing system and determining cases, juvenile delinquency courts are better equipped to issue less harsh orders after the trial concludes. Your child, therefore, stands to benefit from the bill as a minor facing criminal accusations because the established policies advocate for leniency even as the court pushes for behavioral correction.

To Introduce More Effective Rehabilitation Processes

Many juvenile delinquency cases involve minors forced into crime based on their circumstances, exposure to peer pressure, or parental neglect. Even where the minor’s behavior is predominantly challenging to manage, the presiding juvenile judge may observe the need for intensive rehabilitative services for the child to help them reform their behavioral patterns.

The Senate Bill thus strongly advocates for more effective rehabilitative services that do not involve isolation and retribution for minors under the age of twelve. Doing so is more counterproductive than practical, as the minor is still young and capable of adapting to newly instilled habits and principles.

The provisions in the bill, therefore, encourage rehabilitation processes that may also include medical interventions for affected children to help them deal with ongoing challenges. Often, the minor in question works with a court-appointed officer to observe their progress and recommend case closure when the minor’s behavior significantly improves.

To Promote Reintegration in Society

When a minor under twelve faces arrest and detention for allegedly committing a criminal offense, they are at risk of isolation from the general community. Losing touch with their loved ones and peers can harm their growth and development, making it essential to promote community reintegration.

Under the guidelines in Senate Bill 439, children involved in criminal activities can explore various options to rebuild relationships with aggrieved victims and other members of society. Some options include paying retribution to the crime victims, formally apologizing to them, and volunteering to participate in restorative activities.

The juvenile delinquency court oversees surveillance, ensuring constant communication with you and the victims. If the aggrieved parties report progress, you are more likely to have the case closed sooner, giving you a better chance of rebuilding your life and finishing school, among other objectives.

To Promote Better Funding in the Juvenile Delinquency Court Divisions

Since juvenile delinquency courts take over handling all criminal cases involving minors under twelve under Senate Bill 439, they are in a better position to receive more stable funding. Raising financial support from the government is critical, as it allows for the discussed objectives to materialize.

Further, funding promotes consistent service delivery, meaning no minor misses out on receiving the legal services required to determine their case outcomes. You also have a smoother time performing the court-issued orders towards reform as you receive the necessary support from relevant court officers.

Minors’ Rights Under Senate Bill 439

Even though they face criminal accusations, minors under the juvenile delinquency system have rights that the courts must adhere to. Senate Bill 439, therefore, emphasizes the need to uphold the rights of minors to promote the subsequent attainment of lenient case outcomes. These rights ensure you receive essential information that may inform your case trajectory. They also continue providing conducive conditions for a fair trial, resulting in an overall fair trial.

The following are the main rights that a minor is entitled to, regardless of facing criminal charges:

The Right to a Legal Arrest

Police officers are mandated to arrest anyone found violating the law, regardless of their age. Based on this, arresting officers must uphold proper arrest procedures when apprehending your child, especially because the minor is more impressionable and vulnerable to exploitation.

A proper arrest procedure begins by forming probable cause, which the officers should do with certainty. A probable cause may arise after a concerned third party reports your child for illegal activities. Alternatively, officers can form probable cause if they observe the minor engaging in unlawful activities, indicating the need for law enforcement intervention.

Informing the person in question that they are under arrest and citing the reason for the arrest is essential for a legal process, making it important to verify the details. Officers who fail to follow the process violate the arrested person’s rights, and your child has a rightful claim against the action.

Based on these factors, working with a skilled attorney who understands how to obtain the required information from the minor is essential. Their skills and experience make obtaining important details on whether your child faced a fair arrest process easier. This is especially important because the child may remember details differently or may have even failed to acknowledge what happened to them.

Right to Legal Representation

A fair trial also requires the accused to access legal representation, primarily to help them follow trial proceedings and prepare defenses. Minors facing criminal charges have a claim right after arrest, but they may require their parent’s or guardian’s intervention.

If you cannot afford legal services or the minor’s next of kin is untraceable, the juvenile delinquency court can provide a pro-bono attorney to represent them. On the other hand, you are in a better position to support your child by contacting a skilled and experienced criminal lawyer to handle the ongoing case.

After an attorney takes over the case, you can worry less about preparing defenses, counterarguments, or challenging the prosecutor’s case. This way, the child can worry less about how the trial will proceed, as the attorney is responsible for their overall case presentation.

The Right to Make A Phone Call After Arrest

Calling a trusted adult after arrest is crucial for minors, especially because they may be worried and confused about the ongoing events. Arresting officers should, therefore, inform your child soon after arrest of their entitlement to a phone call to a parent or guardian in the exercise of duties.

The officers should also explain that the minor has limited phone call rights, making it important to call someone who can react effectively to the situation. In informing them, the officers should use simple, understandable language to ensure your child understands the circumstances.

After making the phone call, the officers should also ensure the minor’s parent or guardian understands their situation and can react accordingly. For example, if the parent requires the station information and the minor is unsure, the officers should convey the details as accurately as possible.

The Right to Prepare a Defense

While the prosecutor has a legal duty to prepare a case against your child to show their guilt, the minor also has a right to a defense. In criminal matters, defenses are essential because they allow you to dispute the prosecutor’s case and avoid liability.

Since your child’s case proceeds in the juvenile delinquency division, your attorney should consider the circumstances on which the judge is most likely to dwell. For example, if the minor has a history of involvement in crime, your attorney must consider how to rationalize and justify the minor’s position.

The Right to Receive Information on the Nature of Charges

Although you may provide the necessary legal assistance by retaining an attorney for your child, the arresting officers must still inform them of the charge they face. Providing the details aligns with constitutional requirements to satisfy during an arrest, so failure to do so may invalidate the entire arrest process.

Provisions in the Senate Bill also advocate for conveying the information in a language the child understands for effective communication. Officers should also inform minors not to provide self-incriminating evidence after learning of the charges, especially because it may form part of the evidence used against them.

The Right to Conduct Cross-Examination of Witnesses

As part of fulfilling constitutional rights, a minor may choose to perform cross-examination of witnesses themselves. Despite this, they may require guidance from the juvenile delinquency court or a pro-bono attorney to promote effective questioning.

Since cross-examination may form a strong basis for the minor’s defense, you are in a better position when working with a criminal defense attorney. Their training and skills significantly help in highlighting contradictions in the prosecutor’s case. The case outcome will likely go in the minor’s favor upon finding sufficient details.

The Rights of Parents Whose Children are Facing Criminal Trial

Parents whose children are facing charges in the juvenile delinquency system also have rights, and Senate Bill 439 supports these rights to promote a fair trial and sentencing. If your child is set to face trial in a juvenile delinquency court, you need to conduct your research in advance and ensure you understand the nature of the charges, as well as possible mitigation avenues to pursue.

As a parent, the following are your rights as you pursue legal remedies on your child’s behalf:

• The right to be in court as your child’s case is ongoing.
• The right to protect your child’s privacy.
• The right to find legal representation to aid your child’s case.
• The right to receive information concerning your child’s arrest, their place of detention, and the charges they face within a reasonable time.

Senate Bill 439 Sentencing Provisions

If the court finds your child to be a ward of court after the trial concludes, the presiding judge moves to sentencing. Senate Bill 439 has caused a positive change in how judges issue sentences, giving your child access to lenient and constructive reform programs.

The following are the three main sentencing provisions issued to minors found to be wards of court:

1. Formal Probation

Juvenile delinquency is the equivalent of a formal crime charge when minors are involved. As a result, they are still subject to provisions like formal probation that apply in adult courts. Formal probation is a suitable alternative to detention in a facility, and it places the minor under the court’s direct supervision.

The presiding judge appoints a probation officer to observe your child's progress and report to court occasionally. Your child, therefore, must adhere to the court’s orders to avoid facing stricter measures that may limit their liberty.

Commonly issued orders in a formal probation sentence include:

• Mandatory School Attendance.
• Observing the issued Curfew.
• Avoiding Drug and Alcohol Use.
• Participating in Ongoing Community Projects.
• Paying Restitution to the Crime Victims.
• Attending Group and Individual Therapy.

2. Informal Probation

Alternatively, the judge may issue an informal probation sentence, giving your child fewer restrictions than formal probation. This is primarily because they do not report constantly to a probation officer but are under the court’s direct supervision. You can, therefore, expect only occasional inquiries on the reform's progress.

Nevertheless, your child must comply with the orders until they complete the mandatory six-month program. Although the court may choose to issue informal probation as a sentence, it is only available if the minor's charges are listed under Section 725 of the Welfare and Institutions Code.

Among the court orders issued in an informal probation sentencing are:

• Submitting to Random Drug Tests.
• Completing the Recommended Counseling Sessions.
• Mandatory School Enrollment.
• Pay Victim Restitution Fees.

3. Deferred Entry of Judgment

A deferred entry of judgment is a beneficial program that diverts minors from the juvenile delinquency system, giving them a chance to complete an education program. Since it is a lenient form of sentencing, it is exclusive to minors whose cases do not involve serious criminal offenses, especially those listed under Section 707(b) of the

Juvenile delinquency courts are mandated to ensure that your child’s education continues even after being accused of criminality. You can, therefore, expect the judge to propose a deferred entry of judgment whereby the minor admits to a fault in exchange for their liberty.

If your child agrees to the terms, they can return to their everyday lives, provided they enroll in a mandatory school program and report regularly to the court. The presiding judge may also inquire about school progress and impose an academic threshold to maintain.

Part of the deferred entry of judgment also requires the minor to agree to return home after completing the program. The court imposes these orders to ensure the child is less exposed to criminal activity by reducing their influence around them.

Court supervision is also constant until the program concludes, and the judge expects constant updates. If your child cannot meet these conditions, they are more likely to receive harsh orders that may reduce their freedom and access to opportunities.

Detention in a Correctional Facility

The last resort in a juvenile delinquency case is detention in a child correctional facility, and it often applies in cases where the minor has committed a grave offense. For example, committing murder or manslaughter, rape, assault using a deadly weapon, or acts of terrorism may warrant detention in a correctional facility.

Examples of these facilities include the Department of Juvenile Justice, where minors declared to be wards of court remain until they demonstrate a significant improvement in behavior. Your child continues to receive basic needs like education and occasional visitation rights on top of basic needs like food and shelter.

Despite this, they are subject to harsher conditions than formal and informal probation sentences, so your defense attorney should work to avoid this outcome. The judge stipulates the specific timelines within which your child will remain in custody until they demonstrate behavioral improvement and reform.

Contact a Criminal Defense Attorney Near Me

When minors face arrest and detention for violating the law, they may be subject to strict criminal orders that may affect their growth and development. The situation will likely arise, especially if they face trial and detention in adult courts, exposing them to harsh punitive penalties. Senate Bill 439 was therefore crafted to establish a less punitive judicial system that caters to minors facing criminal charges.

Redirecting the minors to juvenile delinquency courts is an excellent starting point for their positive rehabilitation. Working with an experienced criminal defense attorney to discover more about how the Senate bill affects your child’s case is therefore essential.

At California Criminal Lawyer Group, you will work with skilled and experienced attorneys who help you navigate the juvenile delinquency court system. With your lawyer’s help, you are in a better position to prepare adequately for the upcoming case and prepare your child for the trial. Our services are available for clients whose children are facing criminal accusations in Bakersfield, California. For more information on Senate Bill 439, call us today at 661-750-8230.