Juvenile Court

Being charged with a crime as a juvenile triggers a series of court appearances designed ultimately to resolve the matter. It should be noted that juveniles are NOT entitled to a jury trial. Instead, the matter is heard by a judge who makes the final decision as to whether the prosecution has proved their case beyond a reasonable doubt. Juvenile court does not use the typical guilty/not guilty determination in resolving juvenile matters. Instead, the allegations in the charging document will be sustained or not sustained. It is a subtle but important distinction in that the result if the judge finds the allegations to be true is not considered a conviction, but a sustained petition.

• The process usually begins with an arrest or investigation by police. The police make the initial decision as to whether the situation warrants seeking the filing of criminal charges or possible referral to Probation for non-court intervention. They can issue the minors a warning and release them, they can hold the minors until a parent or guardian come to get them, or they can arrest them and refer the matter to a juvenile court officer who will determine whether the matter is suitable to be handled informally or whether it should proceed to juvenile court.
• If the matter is found to be unsuitable for informal resolution, reports are then submitted to the District Attorney’s Office at juvenile court where they are reviewed by the District Attorney’s Office to determine what charges, if any, should be filed against the minor. If they do decide to file charges, they submit a Petition to the court setting forth the date of the incident and the crimes alleged. The juvenile and the parents or guardians will also be notified and a parent or guardian must attend all court hearings with the minor.
• The first hearing is called the Detention Hearing. This is the minor’s first appearance in court where the minor and the parents are formally advised of the charges. After hearing arguments from the prosecution and the defense, the court then makes the determination of whether the minor will be released to the custody of the parents or placed in juvenile hall pending resolution of the case. There is no bail in juvenile cases, so if sent to Juvenile Hall, the minor will remain there until the case is resolved.
• The next hearing is called a Fitness Hearing and occurs only in the most serious cases. This hearing is held to determine whether, based on the seriousness of the charges alleged, the minor is eligible to remain in juvenile court or whether the case will be transferred to adult court where the minor will be treated as an adult. This only happens in the most serious cases and most juveniles charged with a crime will not be subject to a Fitness Hearing and will remain in juvenile court.
• Next comes the Adjudication Hearing. There will usually be a series of pre-trials leading up to the Adjudication Hearing in which the District Attorney, the defense attorney, and the court try to resolve the matter without having a trial, commonly known as a plea bargain. If, despite everyone’s best efforts, a resolution cannot be reached, the matter will then proceed to trial. Both sides present evidence and arguments and the judge makes the final determination whether or not to sustain the petition. As in adult court, the burden of proof is beyond a reasonable doubt and that burden rests with the prosecution. If the petition is sustained, then the next hearing is set.
• The final hearing is called the Disposition Hearing. The Probation Department prepares a report for the court to assist the court in making a determination as to what the appropriate punishment should be. The court also hears argument from the prosecution and defense and considers any statements made by the victims and the minor and the minor’s family in regard to an appropriate sentence before finally ruling as to what punishment will be imposed.

Once a juvenile reaches the age of 18, is no longer on probation or under the supervision of the juvenile court, the minor can and should petition the juvenile court to seal or destroy the juvenile criminal record. This is an important step towards obtaining a clean criminal record. Juvenile records generally are not available to the public but law enforcement has access to the records and the minor may be required to disclose those records in future employment applications or to obtain government licensing.
Sealing or destroying a juvenile record is not a right, nor is there any guarantee a petition to seal or destroy those records will be granted. There are many factors the courts considers, including the seriousness of the offense, the number of juvenile offenses resulting in sustained petitions, the minor’s performance while under juvenile court supervision, and how long it has been since the juvenile left the jurisdiction of the juvenile court. The experienced lawyers at Paladin Legal Defenders can review your case and help prepare and argue your petition to seal your records.