Juvenile
Law Attorney - Juvenile Law Lawyer |
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JUVENILE LAW SITE INDEX
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Copyright 2003 - 2007, George Kita |
| DISCLAIMER: The juvenile law information presented at this site should not be construed to be formal legal advice nor the formation of a attorney client relationship. The juvenile law web site of the Law Offices of George Kita has been designed to provide juvenile educational information only and is not intended to offer legal advice. His juvenile law practice is limited to California Courts. There is no express or implied intent to solicit business from outside of California. Nothing herein is intended to constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Every case is different and outcomes will vary depending on the unique facts and legal issues of your case. Further Information about Juvenile Law Crimes In California, we have set up a separate court for minors, those persons under 18 years of age. Long ago, this state decided children and their needs are different from adults and a separate court system was required to provide those needs. Also, many believed that if children did something wrong, they could be rehabilitated through intensive counseling, education, and guidance, whereas law-breaking adults might be less open to rehabilitation. Today, our juvenile law courts serve three distinctly different kinds of kids: First, there are children who have committed an act that if committed by an adult would be considered criminal. These kids are often called "delinquents or 602 kids." The number 602 refers to the Welfare and Institutions Code section that specifically relates to delinquents. Second, there are children who have committed status offenses. These are activities that are only wrong because they are committed by minors. If they were committed by adults, they would not be considered illegal at all. Examples of status are truancy, running away from home, violating curfew, or simply being outside of the control of your parents. These kids are also often called "children in need of supervision or 601 kids." Again, 601 refers to the Welfare arid Institutions Code section that specifically relates to status offenses. And finally, there are the children who have been abused, neglected or abandoned. In these circumstances, the court must decide who is going to be responsible for the care of these children. This is done through court hearings which are held to determine questions of dependency. In some cases, temporary custody is taken from the parents and the children are placed in foster care. Parents are then ordered to get counseling before their children are returned. In other cases, the parents' right to their children is taken away entirely and these children are put up for adoption. An exception to the three primary categories of kids described above are the children who are age 14 or older and have committed a very serious crime. Under these circumstances, the court, upon the urging of the district attorney's office can transfer a child from the juvenile justice system to the adult justice system. When this occurs, a "fitness hearing" under Welfare & Institution code section 707 is held to determine whether the minor is suited for the juvenile justice process or would be more appropriately treated if transferred to the adult court system. This decision is based on the following criteria:
Again, a district attorney will usually only recommend that a child be transferred to the adult courts when the child has allegedly committed an extremely serious offense, such as murder, arson, armed robbery, forcible sex crimes, kidnapping, assault, shooting a firearm into an occupied building, selling or providing certain drugs to other minors, or other aggravated offenses. If the child remains in the juvenile justice system she may be kept under the court's jurisdiction until the age of 21 if she was less than 16 when she became a ward of the court. If the child is more than 16 years old when charged with a crime, the child will remain a ward of the court until the age of 25. When kids are picked up as either delinquents or status offenders police and juvenile probation officers have discretion to release kids and send them home to their parents. If children are held by the police or the probation department, however, laws require that those who are status offenders be held separate and apart from children charged as delinquents or adults who have been arrested. If a child is taken into custody, he must either be released within 48 hours or have a petition for wardship filed against him. During this time, the parents must be notified about what is going on and/or the intent of the probation department to have their child made a ward of the court. During these proceedings, minors have a right to a lawyer and have most of the procedural rights given adult defendants. But juvenile defendants, unlike adults in California, have no right to a jury trial, and no right to bail. Trials and juvenile law court proceedings are called adjudication hearings. If a child is found guilty of the crime at an adjudication hearing, a dispositional hearing is scheduled. At the dispositional hearing, the state decides what would be the court's appropriate response, keeping in mind that the overriding aim of the juvenile law justice system is to rehabilitate youthful offenders and get them back on the right track. The court has various options. A judge may place the child on probation, seek restitution, assign the child to community service or place her in a halfway house or foster care. A juvenile offender also may be sent to a training school or a secure facility. (A secure facility is also known as "lock-up," where the juveniles are not allowed the freedom to leave.) Sealing or destroying juvenile records is a complicated process and may not be possible if the child has been convicted of a felony or a misdemeanor involving moral turpitude, or if not enough time has passed since the child's conviction. Usually, records can be sealed after five years from the termination of the juvenile court's jurisdiction or as soon as the juvenile becomes 18. Once sealed, the minor's records may not be opened for inspection unless ordered by the court. If you find yourself involved in any juvenile court matter call George Kita immediately for a free consultation. The Law Offices of George Kita Juvenile Law Office proudly serves the following cities and counties: Alameda
County Juvenile Law matters for the following cities: Alpine County Juvenile Law cases Amador
County Juvenile Law cases in the following cities: Butte
County Juvenile Law cases in the following cities: Calaveras
County Juvenile Law cases: Colusa
County Juvenile Law cases: Contra
Costa County Juvenile Law cases in the following cities: Del
Norte County Juvenile Law cases in the following cities: El
Dorado County Juvenile Law cases in the following cities: Fresno
County Juvenile Law cases in the following cities: Glenn
County Juvenile Law cases in the following cities: Humboldt
County Juvenile Law cases in the following cities: Imperial
County Juvenile Law cases in the following cities: Inyo
County Juvenile Law cases in the following cities: Kern
County Juvenile Law cases in the following cities: Kings
County Juvenile Law cases in the following cities: Lake
County Juvenile Law cases in the following cities: Lassen
County Juvenile Law cases in the following cities: Our Los Angeles County Juvenile Criminal Attorneys & Lawyers are dedicated toward upholding and protecting juvenile rights and we handle all Los
Angeles County Juvenile Law delinquency criminal cases in the following cities: Madera
County Juvenile Law cases in the following cities: Marin
County Juvenile Law cases in the following cities: Mariposa County Juvenile Law cases: Mendocino
County Juvenile Law cases in the following cities: Merced
County Juvenile Law delinquency matters in the following cities: Modoc
County Juvenile Law criminal cases in the following cities: Mono
County Juvenile Law cases in the following cities: Monterey
County Juvenile Law delinquency matters in the following cities: Napa
County Juvenile Law matters in the following cities: Nevada
County Juvenile Law delinquency cases in the following cities: Our Orange
County Juvenile Lawyers & Attorneys are dedicated toward defending juvenile rights in Orange County as we handle Juvenile criminal matters that occur in the following Orange County cities: Placer
County Juvenile Law criminal cases in the following cities: Plumas
County Juvenile Law Attorneys handle cases in : Our Riverside
County Juvenile Lawyers & Attorneys handle all Riverside Juvenile Law criminal cases in the following cities: Sacramento
County Juvenile Law delinquency cases in the following cities: San
Benito County Juvenile Lawyers San
Bernardino County Juvenile Attorneys & Lawyers
San
Diego County Juvenile Attorneys and Lawyers San
Francisco County Juvenile Attorneys and Lawyers San
Joaquin County Juvenile Attorney and Lawyers San
Luis Obispo County Juvenile Law Attorneys and Lawyers San
Mateo County Juvenile Law Attorneys and Lawyers Santa
Barbara County Juvenile Lawyers & Attorneys handle all Juvenile Criminal cases that occur in the following cities: Santa
Clara County Juvenile Criminal Law Attorneys and Lawyers Santa
Cruz County Juvenile Criminal Law Attorneys and Lawyers Shasta
County Juvenile Criminal Law Attorneys and Lawyers Sierra
County Juvenile Criminal Law Attorneys and Lawyers Siskiyou
County Juvenile Criminal Law Attorneys and Lawyers Solano
County Juvenile Criminal Law Attorneys and Lawyers Sonoma
County Juvenile Law Attorneys and Lawyers Stanislaus
County Juvenile Law Attorneys and Lawyers Sutter
County Tehama
County Trinity County Tulare
County Tuolumne
County Ventura
County Yolo
County Yuba
County
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