How the juvenile justice system works: Will you be locked up if you get arrested? It depends.
This information is based on interviews with attorneys and judges. HOW YOU ENTER THE JUVENILE JUSTICE SYSTEM If you get in trouble with law enforcement, including police, sheriff’s, school police, a security guard or other law enforcement agents, that’s usually how you end up in the juvenile justice system. You can be stopped and questioned […]
This information is based on interviews with attorneys and judges.
HOW YOU ENTER THE JUVENILE JUSTICE SYSTEM
If you get in trouble with law enforcement, including police, sheriff’s, school police, a security guard or other law enforcement agents, that’s usually how you end up in the juvenile justice system. You can be stopped and questioned if law enforcement has a “reasonable suspicion” that you did something wrong. They can take you to the police station for temporary detention. If you’re not released then you could be arrested if they have “probable cause”—evidence that shows you did something wrong. If your crime was serious, law enforcement may “seek a petition,” which means they file charges. Your case will be assigned to a probation officer.
IF YOU ARE ASSIGNED A PROBATION OFFICER
Your probation officer could recommend “informal probation,” or send your case to the D.A. (district attorney). You may be locked up or not, depending on whether you are assessed as a danger to yourself or the community. If you are “detained,” you will be in Juvenile Hall. There’s no bail for juveniles.
Even though charges have been filed, the Probation Department may put you on informal probation and release you to the custody of your parents, if you are not a danger to yourself or the community. You may be required to see a probation officer, go to school, get tutoring or go to counseling. You may be required to go through a drug rehab program. Your parents might have to take parenting classes to teach them how to control you, or your family may be referred to other services. Your case will not be sent to the district attorney.
If your parents are neglecting or abusing you, you may be put in a group home or with a foster family.
THE D.A. BRINGS THE CASE AGAINST YOU
The district attorney’s office (the D.A.) files charges against people who break the law. There are special ones who deal with minors (people who are under 18). A case could be dismissed at this point, if the D.A. does not believe there is enough evidence to go forward, or you may be given probation and supervised by your probation officer.
If your crime was extremely serious, you can be tried as an adult. Examples of such crimes are murder, arson, robbery with a deadly weapon, rape and carjacking.
MOST TEENS ARE TRIED AS JUVENILES
The district attorney may decide to take your case to Juvenile Court. You can hire your own lawyer, or the court will assign you a lawyer from the public defender’s office.
YOU MAY WAIT FOR TRIAL IN JUVENILE HALL
If you are judged dangerous, you will be kept locked up in Juvenile Hall while awaiting trial or “adjudication.” If not, you’ll be sent home until your trial.
ARRAIGNMENT (YOUR CHARGES)
At your “arraignment,” you will be told the charges against you and you have to admit the charge or deny it. If you admit the charges, the judge will follow the recommendation of your probation officer. If you deny the charges, the district attorney or prosecutor must prove that you did it.
ADJUDICATION (DID YOU DO IT?)
In juvenile court, a judge will hear your case without a jury. At your adjudication (trial), if you are found not guilty, you will be released. The arrest and charges still go on your record, though.
If you are found guilty by the judge, you will be sentenced. Your “disposition,” or sentence, may include any of the following: You may be sent home on probation, placed in a group facility (not your home), sent to drug rehabilitation or sent to juvenile camp for three months to a year. More serious offenders are placed in the California Youth Authority, which accepts youth up to 25 years old. The decision goes on your record.
APPEALS
To appeal a decision, your lawyer must convince the judge that the decision was wrong.