Orange County Juvenile Defense Lawyer

When Your Child is Arrested

FamilyLawDivorce — Mon, 26 Sep 2011 02:06:38 +0000

When your child is arrested there are several things that can happen:

-The police can make a record of your child’s arrest, noting what he/she is being accused of as well as other important information, and then let your child go home.
-Your child might be sent to a holding facility at the police station.
-Your child might have to go to an agency that specializes in sheltering, caring for and providing counselling for troubled minors.
-You might be served with a ‘Notice to Appear’ which means you and your child will have to go to court.
-Your child might be required to go to a Juvenile Detention hall and he/she will be able to make 2 phone calls within the first hour of his’her arrest. One must be to the person who is responsible for them such as a parent, guardian, relative etc. The second call must be to a lawyer.

If your child has to be questions about the events leading up to hi/her arrest, the police will have to read your child their ‘Miranda Rights’. These rights are:

-They have the right to remain silent
-Anything that your child says can/will be used against them in court
-They have the right to a lawyer. If they cannot afford one, a lawyer will be provided by the court

You have the right to be told by the police as soon as your child has been locked up and the police must inform you of what rights the child has and where they are being held.

Can you Seal a Child’s Juvenile Records?

FamilyLawDivorce — Sat, 17 Sep 2011 18:20:52 +0000

Occasionally a child’s juvenile records can be sealed. If your child wishes to have his/her records sealed, they must file a petition to do so after he/she turns 18 years old. The petition can also be filed if the case has been over for 5-6 years. The court will need to approve the petition and if it is, the record of the case and arrest will be sealed.

However, even if the records are sealed, the three-strikes law the is used by the State of California allows some serious and violent crimes (such as murder and rape) to be used against the criminal in adult court.

What is Emancipation?

FamilyLawDivorce — Tue, 30 Aug 2011 02:22:27 +0000

There is a legal way for a minor to become an adult and take on all the responsibilities of being an adult; it’s called ‘emancipation’. Once a child is emancipated, he/she is no longer under legal custody or control of their parents. If a child is emancipated they are giving up all rights to be financially supported by their parents, but they will be able to do several things without a parent’s permission such as:

-Get work permits,
-Get medical care,
-Apply to schools or colleges, and
-Live where they choose.

However, even if a child is emancipated, he/she must still go to school, go to juvenile court if he/she broke the law, and receive permission from their parents to get married.

Juvenile Hall

FamilyLawDivorce — Sat, 20 Aug 2011 01:54:41 +0000

When your child is accused of a crime, a probation officer will need to decide what is to be done with your child while he/she awaits trial. The probation officer may decide to let the child go home with you or if he/she will be locked up. Even if your child is allowed to return home with you, the case may be sent to the district attorney who can then choose to file a petition or not to have you child sent to juvenile hall. This will depend on many things such as the severity of the crime as well are your child’s past criminal history.

If your child remains in lock up at juvenile hall, there will be a petition filed by the district attorney within 2 days after your child’s arrest. Your child will then have a detention hearing on the next available court day. At this hearing, it will be decided if your child must stay in juvenile hall until the next hearing or possibly until the entire case against your child is over.

Juvenile Court: Open to the public?

FamilyLawDivorce — Fri, 12 Aug 2011 23:41:46 +0000

In Orange County, California, it is a general ruling that juvenile court proceedings are confidential and allows only limited access to juvenile records. The juvenile records are usually only available to some court personnel, parents and guardians of the child in question, the child himself the lawyers working the case. People of the media and other inquiring people will have to file a petition with the Orange County Juvenile Court if they want access to the child’s juvenile records or if they wanted to attend a court hearing.

Once the Presiding Judge of Juvenile Court has reviewed the request, he/she will make a ruling on whether to allow the petition or deny it.

Juvenile Court in Orange County

FamilyLawDivorce — Thu, 04 Aug 2011 14:29:36 +0000

There are three kinds of Juvenile court cases:

Juvenile Dependency (Abuse and Neglect) cases is when there might be abuse of neglect happening in the home. The main purpose for juvenile court is to protect the children.

Juvenile Status Offense cases are issues that deal with children who have done things that would not be criminal if they were committed by an adult such as, skipping school, disobeying their parents.

Juvenile Delinquency cases deal with children who do things that are considered criminal if also committed by an adult such as stealing, murder, assault, and rape.

Marijuana Possession Offenses in Orange County

FamilyLawDivorce — Thu, 28 Jul 2011 02:07:03 +0000

After January 1st, 1976, a conviction of marijuana possession for personal use will be erased from your record after two years and you may not necessarily need to get a dismissal, this is under the California Health and Safety Code Sections 11361.5 and 11361.7.
However, this does NOT include any convictions for the cultivation, selling or transporting of marijuana and these convictions will remain on your record.

Juvenile Court in Orange County: Filing of the Petition

FamilyLawDivorce — Sun, 24 Jul 2011 20:37:10 +0000

A juvenile delinquency petition in Orange County asks the court to get involved and it states what your child is accused of doing. It is then up to the courts to find out whether or not he/she is guilty of the crime.

There are 2 kinds of juvenile petitions:

-601 Petition is a petition that the probation department files.
This petition is for minor law infractions such as running away, skipping school, breaking curfew, or disobeying his/her parents — these things are only against the law because they are committed by minors. If the judge decides the petition is true, the child can become a “ward” of the court and be called a “status offender.”

-602 Petition is a petition that the District Attorney’s Office files.
This petition states that a child did something that would still be a crime if he or she was 18 or older.These crimes are more serious and can include felony, like car theft, drug sales, rape, or murder or a misdemeanor, like assault or drunk driving. If the judge decides the petition is true, the child becomes a “ward” of the court as a “delinquent.” The punishment is then decided by the judge and its severity would depend on the crime.

As the parent of the child, you have a right to obtain a copy of the petition. It will state what you child is accused of but not whether he/she is guilty.Make sure you read the petition carefully so you know and understand what your child is being charged with. Once you obtain the petition, you will also receive a notice that tells you about first hearing, called a “detention hearing.”

-If your child is 8 years old or older, he or she will also get a notice.
-If your child is locked up, you will get the notice at least 5 days before the hearing.
-If your child is not locked up, you will get the petition and a notice at least 10 days before the hearing.
-If the hearing is less than 5 days after the petition is filed, you will get the notice at least 24 hours before the hearing.

Make sure you talk to a Family Law Attorney if your child has been arrested. If you want more information about the case against your child and the case is in juvenile court, your child’s juvenile court case file is confidential. Certain parties directly connected to the case may have access to a juvenile court file, as do the lawyers involved. In certain circumstances, the court may order access to a juvenile court file. If the case is in family court, the file is not confidential and can be obtained through the court clerk’s office.

Juvenile Court Guardianship in Orange County

FamilyLawDivorce — Thu, 21 Jul 2011 01:04:33 +0000

Legal guardianship in Orange County is a court order that states that someone other than the child’s parents is legally responsible for him/her. This means that the guardian has a lot of the same responsibilities and rights as the child’s parents would have. They can therefore decide where the child lives and goes to school, and they can make decisions about the child’s health care.

Note: There are 2 kinds of guardianships in California. Most guardianship cases are handled in probate court.

Who are legal guardians?

Legal guardians do not have to be related to the child. They can be:

-Brothers or sisters,
-Grandparents,
-Aunts or uncles,
-Other relatives,
-Foster parents,
-Friends of the family, or
-Someone else who knows the child.

Am I financially responsible for my child’s behavior?

FamilyLawDivorce — Tue, 19 Jul 2011 02:58:47 +0000

Yes you are financially responsible to pay a victim if the court orders “restitution.” Restitution is money to compensate for losses or damage that your child has caused. For example, you may have to pay for what your child stole, or for the victim’s medical bills or lost wages.

Will I have to pay my child’s fees?

Unless you yourself are the victim, you will get a bill and must pay for:

-Your child’s lawyer
-Juvenile hall services, like food and laundry
-Fees to keep your child with the California Department of Corrections and Rehabilitation, Division of Juvenile Justice , a probation camp, or in foster care.

This can be expensive so contact your Juvenile Defense Attorney and they can talk to the court about your ability to pay these fees.