Los Angeles Juvenile Crime Defense Attorneys
Juvenile Crimes
At Takakjian, Sowers & Sitkoff LLP our Southern California juvenile crime attorneys have extensive experience in handling juvenile law matters. We find that immediate intervention by an attorney can often prevent a matter from proceeding to juvenile court or minimize the potential serious consequences that can come from a juvenile detention. Each of our partners is a former Deputy District Attorney previously assigned to the Juvenile Justice System and attorney Steve Sitkoff is a former Superior Court Commissioner who handled juvenile dependency cases.
The following is a brief overview of the Juvenile Justice System along with some suggestions on how the Orange County juvenile crime defense lawyers in our firm can help parents with the concern they feel when a child is arrested.
The California Juvenile Court System is designed to handle matters associated with juvenile law, called juvenile delinquency cases and juvenile dependency cases. Juvenile delinquency cases concern charges of a criminal law violation by a "minor" (defined as a person under the age of 18). Dependency cases involve allegations of child abuse or neglect against the parents or guardian of a minor. Non-citizens, as well as legal and illegal immigrants are entitled to the same due process rights as citizens.
While the California adult correctional system was established with the goal of punishment, the juvenile justice system has a different goal: treatment and rehabilitation of juvenile offenders. Because of this, the state's juvenile justice system has a broad array of methods and programs for addressing juvenile crime, taking into account the severity of the offense and the background of the offender. These include fines, treatment programs, detention, incarceration, and community supervision. Generally, the system provides for escalating responses to offenses of increasing severity, such as informal probation, formal probation, detention, and incarceration. Additionally, because the system has a goal of rehabilitation, many more agencies have a role to play in California's Juvenile Justice System than in the adult system, including schools, social service agencies, and community-based organizations.
The Juvenile Justice System gives police, probation officials, and the District Attorney broad discretion over the treatment of juvenile offenders. Upon arrest, the police can release the juvenile to his or her parents or take the alleged offender to juvenile hall.
The state legislature has recently modified the juvenile law (Proposition 21) so that a minor can be transferred from juvenile court to the adult court and tried as adult in specified serious or violent cases, even if the minor is as young as 14. In most juvenile crime cases a judge will determine when it is appropriate to make such a transfer, however, in certain serious juvenile offender cases the prosecutor may directly charge a minor in adult court.
In the Juvenile Justice System, a minor has the same constitutional rights as an adult. For example, a minor is entitled to have their Miranda rights read to them as would an adult. Furthermore, a minor may invoke their Miranda rights and not make any statement unless they have an Orange County juvenile crime attorney present. Also, although a minor may request to have their parents present before any questioning by law enforcement, the police are not required to inform a minor of this before taking a statement or interrogating the minor. It should be noted that school officials, teachers, and counselors do not have to advise a minor of his constitutional rights before questioning unless they are doing so at the direction of the police.
A minor accused of a juvenile crime should retain a Los Angeles juvenile crime lawyer for all proceedings in the juvenile court. And a minor is not entitled to a jury trial in juvenile court, only to an "Adjudication" (trial) in front of a judge. Though the burden of proof is the same for a minor in juvenile court as it is in adult court, that is, proof beyond a reasonable doubt that the minor committed the crime; the family of a minor accused of a crime should always consult with an attorney as the consequences can be serious and life-lasting.
Recent changes to the juvenile law gang provisions in California have significantly expanded the definition of what constitutes criminal activity, imposes lengthier sentences for gang-related crime, and requires jail time for relatively minor offenses if the offense is deemed to be gang-related. Juvenile delinquents are subject to the same maximum sentences as adults. A juvenile offender can be sentenced to anything from home with his parents to incarceration at a juvenile camp, or detention at a juvenile hall, or, in the most serious cases, the CYA - California Youth Authority. So long as a juvenile delinquent was sentenced in juvenile court, he can not be incarcerated past his 25th birthday.
At Takakjian, Sowers & Sitkoff our lawyers can assist a minor in having his juvenile record sealed for most non-serious cases once he attains 18 years of age.
Parents frequently ask us about the risk factors associated with increased criminal activity and how to focus on effective intervention. Prevention-oriented programs show promise of significantly reducing repeat offenses. Factors that increase the likelihood that a juvenile will engage in criminal activity include:
- Poor academic performance, poor attendance, expulsion, or dropping out of school are associated with higher rates of juvenile crime;
- Family problems, including sexual or physical abuse, neglect, a history of criminal activity by a family member, and abandonment are associated with higher rates of juvenile crime. Family problems also indicate a lack of parental control;
- Substance abuse, including arrests for drug or alcohol possession or sale, and the impact of substance abuse on juvenile behavior are associated with higher rates of juvenile crime. Alcohol or drug use can lower a person's inhibitions, making it easier to engage in criminal activity, and drug users may engage in criminal activities to obtain money to purchase drugs;
- Gang membership, especially at an early age, is strongly associated with future criminal activity;
- Gun possession is a factor that "magnifies" juvenile crime by making offenses more likely to result in injury or death.
Other risk factors include juveniles from single parent households, behavior and conduct problems, poverty, and early sexual experience.
It is important to note that these risk factors do not guarantee criminal behavior, but simply are associated with higher risk of such behavior. Because young offenders who exhibit multiple risk factors are the most likely to become chronic recidivists -- "career criminals" -- early intervention strategies that address these factors could reduce the rates of future criminal activity.
Please call us immediately to discuss your son's or daughter's case. We are here to help you. (888) 579-4844
We have found the following websites may have information that is helpful to our clients.
Alcohol and Other Drug Information for Youth
- ADP Resource Center
- Alcohol Abuse
- Center for Substance Abuse Treatment
- The College Alcohol Study
- Don't Lose A Friend to Drugs
- Freevibe - Drug Information
- The Higher Education Center
- Hotlines
- Justice for Kids and Youth
- Laws on Alcohol, Drugs, and Tobacco Usage
- Laws Relating to Parties
- National Association for Children of Alcoholics
- National Center on Addiction & Substance Abuse at Columbia University
- National Council on Alcohol and Drug Dependence
- National Council on Alcohol and Drug Dependence Youth Information
- National Inhalant Prevention Coalition Web site
- Prevline - National Clearing House for Alcohol and Drug
- National Clearing House Help Line
- Substance Abuse and Mental Health Services Administration
- Teen Alcohol Abuse
- You're Not Alone
- Web of Addictions
Recovery Help for Youth
- AA Youth Groups
- Acupuncture Referrals in California
- Alateen
- A Drunk Driving Law Guide
- National Directory (Searchable Databases)
- Screening Self Examination
- Treatment Referral Information
- CHADD With over 20,000 members and over 200 affiliate organizations nationwide, CHADD is the leading non-profit organization serving individuals with Attention-Deficit/Hyperactivity Disorder.
- California Law Enforcement Websites to locate a son or daughter who may have been arrested.
- Los Angeles County Sheriff’s Department Sheriff’s station telephone numbers to locate a son or daughter who may have been arrested.
- @gangwar.com Parent Resource Guide A guide for parents and educators on the warning signs of gang activity, recommended reading & must see videos and available resource material.
- Parenting With Dignity, The Drew Bledsoe Foundation http://www.parentingwithdignity.com is a resource where parents learn new, essential parenting skills and gives them the tools necessary to create an encouraging, and loving home for their children.
- "Is your Child Stealing" A Guide for Parents Why do kids steal? What "signs" should parents look for to figure out if their child is stealing? What to do/not do if your child's been stealing? What can parent(s) do to help the child learn from the experience and stop the behavior. Where can parent(s) go for additional help.
- Sentencing and Dispositions of Youth DUI and Other Alcohol Offenses This Guide is intended to help judges and prosecutors to more effectively sanction juveniles and youths for alcohol-related offenses, work more cooperatively with administrative agencies and community organizations, and define a role for themselves outside the courtroom in preventing underage drinking and other alcohol-related offenses.
- Some Common Signs That Your Child is Using Drugs When children start using drugs and alcohol they usually exhibit many different signs which parents need to watch out for. How can you as a parent know for sure whether or not your child is in danger of falling into drugs?
- Substance Abuse and Mental Health Services Administration, Tips for Teens: The Truth About Club Drugs
- DrugHelp is a private, non-profit information and referral network providing information on specific drugs and treatment options, and referrals to public and private treatment programs, self-help groups, family support groups and crisis centers throughout the United States.
- National Institute on Drug Abuse - Information on Common Drugs of Abuse
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