Juvenile Proceedings

California has taken a “kids are different” approach to its juvenile justice system. Unlike the adult criminal justice system, which ordinarily focuses on punishment, the juvenile justice system seeks to rehabilitate minors, promote family preservation and facilitate reintegration into the community. (Welfare and Institutions Code section 202.)  These principles stem from psychological and neurological research showing that adolescents have not fully matured, cannot appreciate long-term consequences, and are susceptible to peer influence and impulsive behavior.  

The juvenile justice system provides escalating responses to offenses with varying levels of intervention, which might include individualized and family-based treatment programs, community supervision, or detention and incarceration. When determining which prevention program or deterrent method is appropriate, justice-system partners consider the youth's risk factors, the seriousness and sophistication of the alleged offense, criminal history, family support and access to treatment and other resources. 

First communications with law enforcement agencies will often determine, in large part, the outcome of a juvenile case.  Parents or guardians of minors who have had any contact with law enforcement, probation, or the District Attorney's office should immediately contact Nolan Barton Olmos & Luciano for an explanation of their child's rights and the juvenile court process.  

Youth Miranda Rights

California law requires that all youth, ages 17 and under, who are detained by law enforcement must be permitted to first speak to a lawyer before an officer may question them or before any waiver of Miranda rights. There is no exception to this requirement. Unlike adult suspects, juveniles cannot waive their Miranda rights without speaking to a lawyer first. (Welfare and Institutions Code section 625.6.)

Probation Assessments and Pre-Filing Diversion

In most situations, a juvenile's assessment begins with the county probation department, which is tasked with overseeing the operating functions of the local juvenile hall, county ranches and juvenile camps.  A probation officer must investigate the minor and the circumstances of the offense and decide the next appropriate step. (Welfare and Institutions Code section 652.) 

The probation officer’s options include: 

* Counseling and releasing the minor without further action (Welfare and Institutions Code section 628.1);
* Referring the minor to a community program and closing the case if no further action is necessary (Welfare and Institutions Code section 654);
* Placing the minor on a program of informal probation or supervision in lieu of prosecution (Welfare and Institutions Code section 654.2); or
* Referring the case to the prosecutor for filing of a juvenile petition. 

The minor may be offered the opportunity to enroll in diversion, which consists of participation in an early intervention program where the youth is monitored for up to six months. As appropriate, the minor may be directed to engage in counseling, perform community service and pay restitution.  If the minor successfully completes the program, a petition is not filed in juvenile court and the probation file is closed and destroyed. (Welfare and Institutions Code section 654.) 

In anticipation of a probation interview, attorneys at Nolan Barton Olmos & Luciano will craft a plan to rectify the minor's behavior and address public safety concerns through education, appropriate disciplinary action and other measures that demonstrate the youth's rehabilitation, such as treatment, participation in prosocial activities, and payment of restitution.   

Juvenile Delinquency Proceedings

If pre-filing diversion is not offered and the District Attorney chooses to file a petition in juvenile court, the minor and the minor's parents or guardians will receive a notice requiring the minor to appear in court.  (Welfare and Institutions Code section 602.)  After a petition is filed, the court may order the probation department to make recommendations as to a minor's suitability and amenability to supervision and treatment. Attorneys at Nolan Barton Olmos & Luciano will help the minor and the minor’s parents prepare for the probation interview, we will appear in court with the minor and we will advocate for the minor’s interests and rights.  We will review charges and evidence against the minor, evaluate the merits of the case and make evidence-based recommendations likely to produce favorable outcomes in court, while also reducing the likelihood of recidivism.  Attorneys may file pretrial motions and, if necessary, represent the minor in a court trial, as a minor is not entitled to a jury trial.  Alternatively, attorneys may negotiate a resolution involving some level of supervision or probation that will eventually lead to a dismissal of the petition.

Types of Juvenile Supervision and Probation

There are five types of juvenile supervision or probation with increasing levels of intervention:

* Pre-filing diversion pursuant to Welfare and Institutions Code section 654;
* Informal supervision pursuant to Welfare and Institutions Code section 654.2; 
* Formal probation without wardship pursuant to Welfare and Institutions Code section 725(a); 
* Deferred Entry of Judgment pursuant to Welfare and Institutions Code section 790; and
* Formal probation with wardship pursuant to Welfare and Institutions Code section 725(b).  

The period of supervision or probation ranges from six months to one year and, with the exception of formal probation without wardship, can be extended for an additional six months to two years.  In cases of wardship—the most serious level of supervision—the court assumes primary responsibility for the control and treatment of the minor.  In these cases, supervision can be extended until the minor reaches the age of 21.  

Juvenile Records

Lifelong and stigmatizing consequences for conduct that occurred prior to a minor reaching adulthood run counter to the rehabilitative objectives of the juvenile court.  As such, juvenile records are largely confidential. (Welfare and Institutions Code section 827.)

California sealing statutes further protect juvenile records, providing a vehicle by which a minor may petition the court to have the record sealed.  Once the court dismisses and seals the record, the arrest and other proceedings in the case are deemed never to have occurred and the person may reply accordingly to any inquiry by employers or educational institutions. (Welfare and Institutions Code sections 781(a)(1)(A), 786(b), 793(c).)

Under Welfare and Institutions Code section 781, an individual must wait five years from the termination of the juvenile court's jurisdiction before petitioning the court to seal a juvenile record. Alternatively, they may apply at any time after reaching the age of 18. In addition, the person must demonstrate rehabilitation to the court’s satisfaction and must not have been convicted of a felony or of any misdemeanor involving moral turpitude. (Welfare and Institutions Code section 781(a)(1)(A).)  By contrast, Welfare and Institutions Code section 786 permits juvenile courts to automatically seal juvenile records upon satisfactory completion of supervision or probation. (Welfare and Institutions Code section 786(a).)  Adjudications for the most serious juvenile offenses, enumerated in Welfare and Institutions Code section 707(b), are eligible for sealing only under limited circumstances. (Welfare and Institutions Code section 781(a)(1)(D).)

Transfers to Adult Court

For juveniles alleged to have committed the most serious offenses, a prosecutor may seek to try the minor as an adult. Prosecutors cannot initiate adult-court prosecutions by filing a petition directly in adult court or by a grand jury indictment. Instead, cases against minors must commence and remain in the juvenile court unless the juvenile court orders the matter transferred to adult court following a transfer hearing. (Welfare and Institutions Code section 606.)

At a transfer hearing, the court examines five factors: the criminal sophistication exhibited by the youth, whether the minor can be rehabilitated before the expiration of the juvenile court’s jurisdiction, the minor’s previous delinquent history, the success of previous attempts by the juvenile court to rehabilitate the minor and the circumstances and gravity of the offenses alleged. (Welfare and Institutions Code section 707(a).) Even if the court finds that these factors weigh in favor of transfer, a minor’s case cannot be transferred unless the juvenile court also finds by clear and convincing evidence that the youth is not amenable to rehabilitation while under the juvenile court’s jurisdiction. (Welfare and Institution Code section 707(a)(3).)

Trisha Luciano specializes in juvenile law and takes a client-centered and interdisciplinary approach to working with youth impacted by the criminal justice system.  She advocates for justice-involved minors in courtrooms and classrooms, including related Title IX investigations, manifestation determination hearings and school disciplinary proceedings.  

Abbee Cox developed a specialty in representing juveniles during her years as public defender in New Orleans, Louisiana.