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San Diego Juvenile Crimes Defense

In the State of California juveniles (persons under the age of 18) will generally have their criminal cases heard in juvenile court. Juvenile Court, in many ways, is very different than adult criminal court. Most notably, since the juvenile court system places strong emphasis on rehabilitation – juvenile offenders are much more likely to receive a penalty:

• Serving the community’s best interests
• Serving the minor’s best interests
• Focused on rehabilitation over incarceration

The differences between adult and juvenile court, and the remarkably different approach the two courts take to sentencing, mean a minor will almost always fare better if their charges are kept within the juvenile court system, rather than being upgraded to adult court.

Differences Between Adult and Juvenile Court in California

Along with different sentencing motivations, adult and juvenile courts share significant differences you will want to know about prior to your first appearance. While juvenile defendants share many of the constitutional protections afforded to adult defendants, several notable exclusions include:

• Juveniles DO NOT have the right to a jury trial – juvenile cases are decided by a judge.
• Juveniles DO NOT have the right to drug treatment in lieu of confinement.
• Juveniles DO NOT have the right to a preliminary hearing in felony situations.
• Juveniles DO NOT have the right to bail out of jail, or to be released on their own recognizance (OR) pending their case’s outcome.

Even though juveniles are not afforded many of the rights of their criminally accused adult counterparts, they still maintain the constitutional protections:

• Juveniles DO have the right to competent defense counsel.
• Juveniles DO have the right to protection against self-incrimination.
• Juveniles DO have the right to be properly notified of their charges.
• Juveniles DO have the right to confront and cross-examine the witnesses appearing against them.

Common Juvenile Offenses in San Diego

The juvenile justice system in San Diego County handles thousands of cases each year. Our firm regularly defends minors against various charges, including:

Alcohol and Drug Offenses

Minors in San Diego frequently face charges related to:

• Minor in Possession (MIP): Having alcohol while under 21
• Fake ID possession: Using false identification to purchase alcohol
• Drug possession: Having controlled substances, including marijuana (despite adult legalization)
• Drug sales or distribution: Particularly common in school settings

Even though California has legalized recreational marijuana for adults, possession remains illegal for those under 21 and can lead to juvenile court proceedings.

Property Crimes

Property offenses represent a significant portion of juvenile cases we defend:

• Shoplifting and retail theft: Often prosecuted under Penal Code 490.5
• Vandalism and graffiti: Including tagging and property damage
• Burglary: Entering structures with intent to commit theft
• Auto theft: Taking vehicles without permission

What might seem like a youthful prank or momentary lapse in judgment can result in serious consequences without proper legal representation.

Violent Offenses

While less common, violent offenses carry the most serious potential consequences:

• Assault and battery: Physical altercations, often stemming from school conflicts
• Robbery: Taking property through force or fear
• Weapons charges: Possession of weapons on school grounds or in public
• Gang-related activities: Association with known criminal street gangs

Violent offenses are more likely to trigger attempts to transfer juveniles to adult court, making skilled defense representation essential.

School-Related Offenses

Many juvenile cases originate at school:

• Fighting on school grounds: Leading to both disciplinary and legal action
• Threats against students or staff: Increasingly monitored in the digital age
• Bringing weapons to school: Even if no intent to use exists
• Cyberbullying: Electronic harassment that substantially disrupts the school environment

These cases often involve both school administrative proceedings and juvenile court, requiring defense strategies that address both arenas.

Technology and Cybercrime

With increased technology use, we’re seeing more cases involving:

• Sexting: Sending or receiving sexually explicit images of minors
• Computer crimes: Unauthorized access to school or other systems
• Identity theft: Using others’ personal information
• Online harassment: Targeted digital bullying

These offenses can carry unexpected consequences, including potential sex offender registration requirements in certain circumstances.

The Juvenile Court Process in San Diego

Understanding the juvenile court process helps families navigate this challenging time more effectively.

Initial Contact with Law Enforcement

The juvenile justice process typically begins with police contact. Officers have several options when encountering a minor suspected of criminal activity:

1. Warn and release: For minor infractions, officers may simply warn the juvenile and release them to parents
2. Citation: Issue a citation requiring the minor to appear in court
3. Arrest: Take the minor into custody for more serious offenses

Even at this early stage, what your child says can significantly impact their case. Teaching your child to respectfully assert their right to remain silent and request a parent and attorney can protect their future.

Detention and Intake

If arrested, juveniles face an intake process where probation officers determine whether to:

• Release the minor to parents/guardians
• Place the minor in home detention with monitoring
• Detain the minor in juvenile hall pending a detention hearing

Unlike adult court, juveniles don’t have the right to post bail. Instead, within 48-72 hours of detention, a detention hearing determines whether continued detention is necessary.

Petition Filing

The District Attorney decides whether to file a petition (equivalent to criminal charges). The petition will allege either:

• Status offenses: Acts that would not be crimes if committed by adults (truancy, curfew violations)
• Delinquent acts: Acts that would be crimes if committed by adults

Court Appearances

Juvenile court proceedings in San Diego County include:

1. Detention hearing: Determines if the minor should remain in custody
2. Arraignment: Formal reading of charges where the minor can admit or deny allegations
3. Pre-trial hearings: Address evidential issues and potential resolutions
4. Adjudication hearing: The equivalent of a trial, but decided by a judge, not a jury
5. Disposition hearing: Similar to adult sentencing, determines consequences if allegations are found true

Throughout these proceedings, having an experienced juvenile defense attorney is crucial to protecting your child’s rights and future opportunities.

Potential Outcomes in Juvenile Cases

In many juvenile cases, the charges are either cleared completely or resolved using one of two methods: Informal Probation and Deferred Entry of Judgment.

Informal Probation

Informal Probation is often used for the sentencing of minor juvenile offenses. Governed by California Welfare and Institution Code 654, informal probation is often casually referred to as “654” probation. Under this sentencing structure, minors are placed on informal probation for a designated time prior to admitting any wrongdoing. Juveniles who successfully complete their “654” conditions may earn a dismissal of the charges.

Deferred Entry of Judgment (DEJ)

Deferred Entry of Judgment (DEJ) is generally reserved for cases where there is at least one non-violent felony involved. Through the Deferred Entry of Judgment process, Juveniles avoid spending time in a detention center but must meet with a probation officer, pay any fees and fines, and complete any court-ordered programs. Probation under DEJ is considered formal probation, lasting between one (1) and three (3) years.

Home on Probation

When a judge determines a minor can safely remain in their home while serving probation, they may order “home on probation” status. This typically includes:

• Regular meetings with a probation officer
• Mandatory school attendance
• Curfew restrictions
• Community service
• Counseling or treatment programs
• Restitution to victims

Placement Outside the Home

In more serious cases, the court may order out-of-home placement:

• Group homes: Structured living environments with varying levels of supervision
• Foster homes: Placement with specially trained foster families
• Residential treatment facilities: For juveniles with mental health or substance abuse needs

Commitment to DJJ (Division of Juvenile Justice)

For the most serious offenses, minors may be committed to the California Division of Juvenile Justice (formerly California Youth Authority). This represents the most restrictive option and is typically reserved for violent offenders or those who have failed less restrictive interventions.

Juveniles who complete these programs without violating their conditions will have the benefit of a sealed court record and a fresh start having learned from their mistakes. In cases where these programs are not an option, or if the minor violates the conditions of their probation, incarceration in a juvenile detention facility may result or the case may be moved to adult court. Parents who can afford an attorney knowledgeable and experienced in San Diego juvenile law will help protect their child or loved one from their youthful mistakes, giving them a second chance.

Transfer to Adult Court

In certain circumstances, the prosecutor may request that a juvenile case be transferred to adult criminal court. This process, formerly known as a “fitness hearing,” now requires the prosecution to file a motion for transfer.

Criteria for Transfer

The court considers five factors when determining whether to transfer a minor to adult court:

1. The sophistication of the alleged offense
2. Whether the minor can be rehabilitated within juvenile court jurisdiction
3. The minor’s previous delinquent history
4. Success of previous rehabilitation attempts
5. The circumstances and gravity of the alleged offense

Offenses Eligible for Transfer

Not all juvenile cases are eligible for transfer. Generally, only those involving:

• Minors 16 or older at the time of the alleged offense
• Serious or violent felonies as defined by California law
• Certain specified offenses listed in the Welfare and Institutions Code

Having experienced defense counsel is critical when facing potential transfer, as the consequences of adult prosecution are significantly more severe than juvenile outcomes.

Record Sealing and Expungement

One of the most significant advantages of the juvenile system is the ability to seal records upon reaching adulthood, giving young people a fresh start.

Eligibility for Record Sealing

Generally, juvenile records may be sealed when:

• The person is 18 or older, OR the juvenile court jurisdiction ended at least five years ago
• The person has not been convicted of a serious or violent felony as an adult
• The person has no pending civil litigation related to the juvenile acts
• The person has demonstrated rehabilitation

Benefits of Sealed Records

Once sealed, juvenile records are treated as if they never existed. This means:

• Employers cannot access or consider the records
• Housing applications will not reveal the juvenile history
• College applications and financial aid will not be affected
• Professional licensing boards cannot consider sealed offenses

Our firm has helped many former juvenile clients successfully petition for record sealing, allowing them to move forward without the burden of childhood mistakes.

Long-Term Consequences Without Proper Defense

Without skilled legal representation, juvenile offenses can lead to long-lasting consequences:

• Educational impacts: School disciplinary actions, college admission difficulties, and scholarship ineligibility
• Employment barriers: Background checks revealing juvenile adjudications
• Housing obstacles: Difficulty securing rental housing or qualifying for loans
• Military service restrictions: Certain juvenile adjudications may disqualify potential recruits
• Immigration consequences: Potential deportation or inadmissibility for non-citizen juveniles

These collateral consequences often far outweigh the court-ordered penalties, affecting opportunities well into adulthood.

Contact Our San Diego Juvenile Law Attorneys NOW

At David P. Shapiro Criminal Defense Attorneys, we know the juvenile court system. We understand how the prosecution builds a juvenile case, the tactics they will use against a minor, and how to successfully respond to the allegations. If your son, daughter, or a juvenile you know has been arrested or charged with a crime, you need skilled legal representation fighting on your side. Do not let the courts intimidate your child into accepting a plea agreement out of fear or inexperience with the juvenile system!

Our approach to juvenile defense is comprehensive, addressing not just the legal charges but also:

• School disciplinary proceedings that often run parallel to court cases
• Mental health and substance abuse issues that may contribute to delinquent behavior
• Family dynamics that impact rehabilitation potential
• Educational and developmental needs that require specialized intervention

We believe in second chances and that youthful mistakes shouldn’t define a person’s entire future. Our goal is always to secure the most favorable outcome that promotes rehabilitation while minimizing long-term consequences.

We want to talk to you about your case, help you understand the juvenile court process, and answer your questions. Contact David P. Shapiro Criminal Defense Attorneys today for your consultation. We believe you deserve answers, and we are standing by to give them to you.

Juvenile Crimes in California: Frequently Asked Questions