The procedures and terminology in a juvenile delinquency case differs substantially from an adult criminal case, though certain constitutional rights such as the right to counsel and the right against self-incrimination are consistent. A juvenile does not have the right to bail, though a judge can release a minor respondent (not a defendant) depending on the severity of the charge, the juvenile delinquency history of the minor, and the stability of the minor’s home, and any other significant factors.
The most significant difference between juvenile and adult court is that minors in juvenile court have no right to a jury trial; instead they have the right to “jurisdictional hearings” at which the judge determines guilt if proof beyond a reasonable doubt is shown. Another difference is that plea bargains only involve reduction or dismissal of charges – the parties can not reach any agreement regarding custody time. In some cases a minor can be placed on informal probation without a finding of guilt. Successful completion of informal probation results in dismissal of the case. Deferred entry of judgment is available in some cases in which the juvenile does not qualify for informal probation, but it is less advantageous because it requires the minor admit to a violation of the law. If the minor violates the conditions of deferred entry of judgment the court can declare him or her a ward of the court and impose a punishment without trial.
If a juvenile is found to have violated the law, whether by admission or by a finding of the court, he or she proceeds to a “disposition hearing” which is essentially like sentencing for an adult. Options available to the court include probation, confinement at a ranch, or for more serious violations, incarceration at the Department of Juvenile Justice (“DJJ”). Families often fail to seek legal counsel when their child is charged; however, we are able to advocate for your child’s best interests in juvenile delinquency proceedings in Oakland, Berkeley and surrounding communities of California.
