If your child is involved in a juvenile delinquency case that means he or she is accused of breaking the law.
The court will consider how old your child is, how serious the crime is, and the child’s criminal record if any. The court can order that:
- Your child live with you under court supervision.
- Your child be put on probation. He or she may have to live with a relative, in a foster home or group home, or in an institution.
- Your child be put on probation and sent to a probation camp or ranch.
- Your child can be sent to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (also called “DJJ”). If your child is tried in adult court, he or she will be sent to the Department of Corrections and Rehabilitation, Division of Adult Operations (also called “CDCR”).
If your child is sent to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), he or she will go to a “reception center” for the first 30 to 90 days. The center will find out what education and treatment your child needs. Then your child will go a correctional facility or youth cam.
If your child is arrested, the police can:
- Make a record of the arrest and let your child go home.
- Send your child to an agency that will shelter, care for, or counsel your child.
- Make your child come back to the police station. This is called being “cited back.”
- Give you and your child a Notice to Appear. Read the notice and do what it says.
- Put your child in juvenile hall (this is called “detention”). Your child can make at least 2 phone calls within 1 hour of being arrested. One call must be to a parent, guardian, relative, or boss. The other call must be to a lawyer.
If the police want to talk to your child about what happened, the police must tell your child about his or her legal rights (called “Miranda rights”), which are:
- Your child has the right to remain silent.
- Anything your child says will be used against him or her in court.
- Your child has the right to a lawyer. If you or your child cannot pay for one, the court will appoint one.
Your child has the right to a lawyer who is effective and prepared. If you cannot pay for a lawyer, the court will get a lawyer for your child. If your child does not have a lawyer, talk to the public defender or another lawyer for advice. You can call the Law Offices of Joseph P. Smith for a Free Consultation!