You may be asking yourself, do I really need a San Diego juvenile crime lawyer to defend my child?
California prosecutes minors differently than adults. Juveniles do not have a constitutional right to a jury trial, unless they are tried as an adult. So in that case, judges tend to hear most juvenile cases. Minors, also, do not have the right to a public trial or to bail.
If your child has been accused of a crime, it is imperative that you understand how the juvenile justice system works and all the complexities involved therein. It is important that you consult a San Diego juvenile crime lawyer to explain all the details of the system and to help you develop the best strategy for your child.
A juvenile crime accusation can completely throw families into turmoil and bring untold anguish. What are the consequences in California if your minor is accused of a juvenile offense? What crimes warrant your child having to spend time in juvenile detention? Will their offense and charge affect their ability to lead a productive life?
All these questions can be answered and helped by a San Diego juvenile crime lawyer; we understand what you are going through and are here to help you.
Going through this type of situation can be very stressful. That is why it is essential that you have an aggressive, dedicated, sensitive and experienced San Diego juvenile crime lawyer to be by your side to give you needed advice and guidance you so desperately need in the very often frustrating juvenile justice system.
California law describes “crimes” that juvenile offenders commit as “delinquent acts”, even if those same acts committed by adults would be constituted as a crime. During the trial phase a juvenile case is called a jurisdictional hearing, which means your child will stand before a judge who will hear out the evidence and then determine if your child is delinquent. It greatly helps your case if you are represented by a San Diego juvenile crime lawyer, as they can help you get the needed evidence to aid your child in their case. The court will then take action as to what consequence the minor will receive. These consequences can range from picking up trash to spending time in a juvenile detention center. The purpose of this is that your child becomes rehabilitated.
Should your child find themselves being arrested, they should behave as an adult would. Your child needs to refuse to answer any questions or give any comments without having your San Diego juvenile crime lawyer present. Of course they should cooperate within reason, but not volunteer any information or allow a search without the proper warrant.
In a juvenile proceeding, your child has the same rights and due process as an adult.
- The right to an attorney
- The notice of charges needs to be given in advance to any judgment of delinquency
- You are able to cross-examine and confront any witness
- Protect yourself, under the Fifth Amendment, against self-incrimination
- The state has to prove its charges against you beyond any reasonable doubt
A San Diego juvenile crime lawyer will be knowledgeable in all aspects of juvenile law and procedure and will navigate you through the process. At this time you need to focus on your child and allow the San Diego juvenile crime lawyer to take care of the legal battle.
Direct filing is when juveniles are treated like adults.
The prosecution may charge and request that a juvenile who is older, and has committed a particularly violent or serious crime, be tried as an adult. If your minor is accused of murder, armed robbery or rape, in most cases in California, they will be tried in an adult court. In these instances, you should still hire a San Diego juvenile crime lawyer since they are experienced in understanding how the juvenile “system” works, so that the judge can then transfer your minor to a juvenile court.
Another aspect of juvenile crime is that parents should understand that they can be held legally responsible for the acts of their child. Should it be shown that you as a parent failed to give adequate supervision and control your child. California has recently passed a gang parent law that will condone the arrest of parents of gang members who are minors and commit serious crimes. At the same time, if your minor commits a crime while driving or even has an accident while driving your car, you may be held responsible to the court. Especially, if it has been found that the teenager was intoxicated at the time and then also if someone else was injured because of the accident.
It is in your child’s best interest that you obtain experienced legal counsel. Our experienced San Diego juvenile crime lawyer will do just that for you. This is a highly complicated area of the law. Juvenile crimes can often be prosecuted in either Criminal or Family Court. At Wagner’s Defense Law Office we had the skill, passion and dedication to see your family through to a successful conclusion of your case.
Our San Diego juvenile crime lawyer will navigate your child through the court system with a focus on protecting your child’s future.