Juvenile Delinquency Proceedings
Juvenile delinquency proceedings are considered civil proceedings, but changes in the law over the last decade have resulted in juvenile adjudications that approximate criminal convictions. Juveniles may even be directly prosecuted in adult court for some types of offenses.
Proceedings in juvenile court may be initiated under circumstances where a child is habitually disobedient and uncontrollable, violates curfew, is habitually truant, or violates any criminal law.
Is Your Child Accused?
This office focuses on situations where a petition alleging criminal conduct has been or may be filed against your child, especially here in San Diego. Any San Diego law enforcement contact with a child that results in the child being detained should be considered a good reason to contact an experienced juvenile defense attorney. This office provides free consultations to parents seeking advice regarding possible San Diego juvenile court proceedings.
Four Phases of Juvenile Matters
Juvenile matters can be divided into four phases: the pre-filing of charges period, detention, jurisdiction and disposition. The pre-filing period is that time between law enforcement contact and the involvement of the courts. This is a critical time for those minors that have been contacted and released for alleged criminal conduct. Contact an attorney immediately if your child has been detained and released to you.
The detention hearing is the first step in the court process. The hearing occurs after law enforcement detains a minor and a petition is filed alleging bad conduct by the child. If the allegations in the petition are in dispute, the court will set a jurisdiction hearing, similar to a trial in adult court. The jurisdiction hearing is for the judge, not a jury, to consider whether the court should be formally involved in exercising control over the child. Allegations of criminal conduct must be proved beyond a reasonable doubt at the jurisdiction hearing. The disposition phase involves the court deciding the proper action to take on the case, similar to a sentencing hearing in adult court.
An experienced juvenile defense lawyer is obviously critical to each stage of these proceedings.
If your child is involved in a juvenile court proceeding, especially here in San Diego, or if you have received a petition filed against your child by the Office of the District Attorney, contact this office for accurate, honest advice from an experienced juvenile defense attorney.
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