OC Juvenile Defense Lawyer Blog

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.

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.

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.

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.

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.