Minors think and behave in ways that differ from adults. And it's often the very differences that make them especially appealing and vulnerable to misguided judgment and wrongdoing. This is why the California juvenile court system treats minors more leniently than adults. Nonetheless, criminal cases involving minors can still leave a lasting impression on their future — limiting opportunities for college, scholarships, and even future employment.
If your child is facing a juvenile case, you should hire a criminal attorney who is familiar with juvenile cases and can support you and your family all through the process. As a parent, you also need to know your rights during such periods and protect them. This blog will help you understand everything you need to know concerning your parental rights and privileges in juvenile cases.
An Overview of Parental Rights During Juvenile Cases in California
It might be impossible to bring your underage child home when they are in custody because there is no right to bail in juvenile cases. The court typically schedules a hearing for you and the judge to decide if you can get your child home as the case is ongoing. This decision will be out of court considering whether the District Attorney possess evidence against the minor and if either of the following claims is true:
- That your kid has violated a court order for juvenile delinquency
- The child is in danger of fleeing (their likelihood of fleeing is high)
- There is a pressing or urgent need to confine your child for their safety
- Your child's custody is essential for the protection of another person or their assets
Although your child is a court-administered ward, you are still a parent with rights and responsibilities.
Right to File an Appeal in Your Child's Case
If you are not satisfied with the court ruling at the disposition hearing, you may file an appeal. To ensure that you do this correctly, you should write an Appeal Notice. This notice will inform the party opposing you that you are appealing their side's position in the case. You should present this letter to the court that presided over the hearing within sixty days.
Ensure that your appeal letter has these elements:
- A statement showing that you are contesting your child's lawsuit
- The ruling you are appealing
- Your signature with your defense attorney's for reasons of identification
- Please indicate whether you are appealing the entire court decision or only a portion of it
You will get all the help required in filing this appeal from your defense attorney in a timely and correct way.
Right to Protect Your Child from Duress
The 203 Senate Bill works to stop infringing on your kid’s rights before they are caught up in a custodial interrogation. The bill is set to protect your children from being questioned without first consulting with a criminal defense attorney. When a child is interrogated, an attorney should be present. Police need to know when they are engaging with minors and be respectful. At times, they disregard this and use force to get answers. This is not only wrong for the issue at hand, but it can also get an officer sued.
In most cases, the juvenile court can dismiss three specific types of compelled confessions.
The first reason a minor would falsely admit to a psychiatric ailment is that there is a good chance it will be rewarded for it. They may assume that confessing will bring them recognition and attention as a result of their disease.
Second, if the charge is against you, the minor may confess to protecting you as the parent.
False confessions in police interrogations are either compliant or coerced. There are many reasons why a person might falsely confess in a police interrogation. These can include leniency from the police officer, the child being placed in a situation where they question their memory, and usage of psychological methods like emotional gimmicks and mental trickery.
For instance, a law enforcement officer might lie to the child that they'll be punished more severely if they don't confess or promise to set them free if they do. As a result, a child is likely to feel as though they violated the law. Minors often confess, believing this will make the court impose lesser penalties or even forgive the offense.
Right to Inspect Your Child's Juvenile Court File
Like Penal Code Subdivision 5.552, family law statutes in California ensure that parents and guardians have the right to inspect their child's court records. You also have the right to inspect:
- Reports presented in court from different personnel
- Documents submitted to various entities producing reports to the court for juvenile delinquency
- Documents relating to your kid stored in the files of personnel dealing with the case
- Records, transcripts, and reports relating to issues that have been released or compiled by the departments involved in the case
- Video, exhibits, documents, audiotapes, and photographs that are accepted as evidence during court proceedings
The law permits you and your child's criminal defense lawyer to receive and examine their case files. You should fill out the form petitioning access to your child’s case file (the JV-570 form) and include the following information:
- The reason for obtaining the file
- The precise file you want
- Your role during the criminal proceeding
- Relationship of the file to your child's case
The court shall go through your petition to determine if you can examine the files. By establishing reasonable grounds, the court shall approve your petition. If you can show that you have a legitimate need for records, the court will grant you access. If the court deems your request fair, it may give an injunction prohibiting discovery, access, or disclosure of such records.
The juvenile court should consider the following factors when deciding whether to approve the viewing or release of the file:
- balancing the minor's and other parties' interests in the case, the petitioner's interests, and
- the public's interests
In cases where it is required, the court will weigh the necessity for accessing a juvenile's records against the policy issues favoring confidentiality of the case file. The consideration is intended to protect your child's privacy.
Right to Maintain Confidentiality of Your Minor’s Hearing
The court always seeks to focus on rehabilitating minors to ensure they cater to their interests. This is why in California, the court handles juvenile cases differently in comparison to adult criminal offenses. You can therefore request private court proceedings.
Section 5.530 of the Penal Code does not allow the public to attend juvenile court hearings. But, it specifies who can attend the proceedings; the individuals have some connection or stake in the proceeding.
You can request the court to allow other people besides your child to be in the courtroom during the trial. But, if your child objects to another person's presence, the judge can find that their attendance could compromise their case. If you are unsure who should be present, your attorney can help you figure that out.
Here are some reasons why it might be necessary to exercise strict confidentiality during juvenile court proceedings:
- Confidentiality benefits your child's reputation and honesty. The general public is not allowed access to the specifics of the alleged offense, averting prejudice that could harm the child’s ego.
- Family court proceedings are delicate, and a hearing can bring up a personal issue. Privacy keeps the public from accessing confidential and sensitive information that relates to the accused and his family.
Right to Receive Information On the Child's Arrest From the Police
It can be pretty devastating when your child goes missing. You, therefore, have the right to receive notification from the police upon your child's arrest and the reasons for the same, including their right to not speak to law enforcement.
Once apprehended for a crime, the police will hold the child, and a case will be opened against him/her. You have no right to attend the child's interrogation. This leaves the possibility that the police will go ahead and question your child without you knowing about the arrest. However, if your child forfeits his right to questioning in the presence of a lawyer, then the police can go ahead with the interrogations.
In such a situation, the prosecution can use what the minor says in a law court. You could tell your child to keep quiet or use their Miranda rights till they can consult with an attorney. Miranda rights are crucial because police officers are looking for every information to establish a prima facie against the minor. Using them assists the minor to avoid implicating themselves.
When you learn of your child's arrest, you may seek legal help, such as getting the minor freed on bail, settling the issue out of court, or hiring an attorney. On the other hand, you have no permission to be present during your child’s investigation.
You have the right to visit your child when they are in custody. However, the visit isn’t private, even if the police do not join you since all conversations in interrogation rooms are on cameras. It is thus crucial that you consult an attorney before visiting the child.
Right to Attend All Court Proceedings
There are several court hearings for minor children detained and faced with punishment for their alleged crime. You have the legal right to appear at all the hearings. The court schedules a review hearing every six months to determine how your child is doing and whether you are meeting the services ordered by the court. If the court removed the child from your care, it would decide whether or not you could go home with the child.
Entitlement to Know the Minor’s Constitutional Rights
By knowing your children's rights, as a parent, you can educate and advise them appropriately. Here are some rights that the California constitution has in place for minor offenders:
- Before searching and detaining a child suspected of committing a crime, a police officer ought to have reasonable grounds to do so. Nonetheless, public personnel with quasi-parental connections with the child, such as a school employee, are only required to detain and inspect your child if they have reasonable suspicion of breaking the law.
- If your child is in detention and unlikely to be freed anytime soon, they have the right to make multiple phone calls. They can directly engage a defense counsel or contact you and request you to hire a legal professional. A minor invokes his Miranda rights when he demands to speak with a lawyer or a parent. As a result, if the police deny the request, the prosecutor will be unable to utilize anything your kid says later in court.
- Bail is not available to children. Before their arraignment in court, child defendants are frequently set free.
- The prosecutor must prove the accusations against your child beyond a reasonable doubt if they face delinquency or jail as a consequence of a juvenile court hearing. If the repercussions aren't in question, the prosecution should be a preponderance of the evidence to prove the criminal charge.
- The state of California has a law in effect that denies juveniles a trial by jury.
- The Fifth Amendment protects minors from being compelled to incriminate themselves.
- Your child, using their lawyer, has the right to confront and interrogate witnesses. They can also contest the testimony presented at the hearing.
- The law enforcers should inform your minor about their charges of delinquency.
Right to Get Legal Representation for your Child
Children have the right to get legal representation during their court hearings. If you are not able to afford an attorney, the state will assign one for them.
It's worth noting that employing an attorney provides a slew of advantages for both you and the child. While the attorney analyzes witnesses and compiles evidence, you could work on other issues. Because a lawyer has the know-how to address criminal matters, you and the minor can rest on the assurance of a favorable outcome.
Here are some features you can look into to be sure that the attorney you hire is competent to handle your child’s case:
- Experience: it is best to take up a lawyer who has successfully handled juvenile cases for a good number of years. Also, note that a criminal attorney with vast experience handling adult cases might not necessarily be good at juvenile matters.
- Knowledge of cases involving minors: the attorney should be knowledgeable in a particular practice area and know the strategies employed by the prosecutors. They should also know how to negotiate for alternative sentences.
- A local criminal attorney: laws differ from state to state. Hiring a lawyer from your locality gives you an upper edge as he’ll be conversant with all laws in California. You will be able to schedule your meetings more quickly and not spend on flight costs between states.
- Compatibility: You need a lawyer who can connect easily with children and has good moral standing.
- Smooth communication: It is not easy to deal with minors. When confronted with charges, minors cannot frequently understand what the law asks of them. You depend on the lawyer to communicate with your child concisely all pertinent and essential facts. Maintaining open dialogue between the kid and their attorney ensures that they do not skip court dates, lawyer appointments, or, if necessary, meetings with probation authorities.
Termination of Parental Rights
As a parent, your responsibility is to make educational and medical decisions for your child. The court might terminate these privileges under the following circumstances:
- Your child breaks the law with the help of their surroundings; the court might place them under legal custody to protect them from criminal activity. Parental powers are curtailed in this scenario.
- After the child's adoption.
- If you are an alcoholic, a drug addict, abusive, criminal offender, or the court deems you unsuitable.
Parental Roles in Cases of Juvenile Delinquency
It is a parent's legal obligation to oversee and keep their children from criminal offenses to mold them to be law-abiding citizens. You might take responsibility if your child commits the following crimes:
- Hacking, gaining access to the internet, or other computer crimes
- Destruction of property
- Firearm access if you were in charge of or possessed the mentioned firearm
- If your minor committed an injury-causing traffic accident while driving your vehicle
If you are found guilty of your child's crime, the court might sentence you with penalties like restitution to the victims, community service, as well as court fines and fees. You will also pay for expenses resulting from your child's behavior.
Find a Los Angeles Criminal Defense Lawyer Near Me
You might get overwhelmed and confused about what to do next after learning about your child’s arrest. However, just like in the adult justice system, minors and their parents have rights under the juvenile justice system. But you will likely need the help of an experienced juvenile crimes attorney to defend your child and help you navigate the juvenile justice system. How long does it take you to find really good porn? We have done it for you, collected all videos on analexzesse.mobi with convenient viewing on any device. Visitors choose the best clips themselves, from Women police officers fucking prisoners, to young professors seduced at university by female students. We at Los Angeles Criminal Attorney understand what you are going through and we are here to help you and your child get justice when they are facing any criminal charges. Contact us today at 424-333-0943 if you are in Los Angeles.
