Adolescence is a turbulent time. Most teenagers go through a phase where they push boundaries and test limits with risky behavior. Parents in the 21st century tolerate their children's conduct and blame their young age.

Unfortunately, the fun and games end when the police are involved, and your child faces an arrest. Like adults, children can engage in criminal behavior that warrants arrest and prosecution.

However, minors are treated differently, and their cases are handled in juvenile court. The juvenile justice system is lenient on minor offenders, and the main aim of this court system is to rehabilitate children. Receiving that phone call that your child is in jail is challenging and confusing. The uncertainty of their case outcome could take a toll on your life.

Since the minor may already be too scared about their interactions with law enforcement, you must act fast to offer support and assurance to your child by hiring an attorney. Your child's attorney will investigate different factors of the case and provide appropriate guidance and representation for their juvenile court case. The following are steps you can take after your child's arrest to ensure the best outcome:

Assess the Situation

The juvenile court proceedings are complex. When you receive a phone call that your child is in jail, you must keep calm and assess the situation. Each situation is different, and the circumstances surrounding your child's arrest will dictate the steps you must take to ensure their freedom and well-being. After receiving the phone call, you should not judge the situation quickly. Instead, you must head to the station and find out more about the circumstances of the arrest and the charges brought against the minor.

If a law enforcement officer suspects that a minor has violated the law, the officer has a variety of options, including:

  • Release the child with a warning.
  • Send the child to the local probation department to receive diversion services.
  • Issue the minor a citation to appear in court on a specific date.
  • Take the child to juvenile hall and refer them to the Department of Juvenile Justice.

The officer's specific actions depend on the nature of the crime and the child's criminal record. If your child is a habitual offender, the most likely option is detention at the juvenile hall. When the minor is referred to the Department of Juvenile Justice, charges are filed in juvenile court.

Although some teens are lucky to have their cases handled and resolved quickly, some minors have to spend weeks or months in the juvenile court system going through hearings. Therefore, you must always be ready to support your child and keep your composure.

If your child faces charges for committing a serious offense like murder, rape, arson, carjacking, or other violent crimes, they risk a transfer to adult court. Therefore, when you arrive at the juvenile hall, you must ask about the nature of your child's crimes.

If there is a risk that the child could be tried as an adult, you must prepare sufficient evidence and other documentation that the child's attorney can use to prove that they are not fit for trial in adult court. A well-meaning parent can jeopardize their child's case with their actions. Therefore, you should not waive any rights or agree to searches without the guidance of the child's lawyer.

Remind your Child of their Rights in The Juvenile Delinquency System

In addition to working towards correcting criminal behavior and rehabilitating juvenile offenders, your child has constitutional rights when they face arrest and criminal charges in juvenile court. If it is your child's first arrest, you must enlighten them about their rights so they can protect themselves from police misconduct. Mostly, children have the same rights as adults facing criminal charges, and they include:

  • Right to Remain Silent

Although you do not need to be there when law enforcement officers interrogate your child after an arrest in California, you must encourage them to remain silent until their attorney arrives.

Children are a vulnerable group of individuals and can be easily persuaded or coerced into confessing or admitting guilt for crimes they did not commit. When your child calls you from juvenile detention, you can advise them to remain silent as you send an attorney to guide them through their case.

  • Right to a Phone Call

If a juvenile is placed in custody and is not likely to be released quickly, they are allowed at least one phone call. You must contact a lawyer if your child uses one phone call to inform you of their arrest. If police officers deny the child a phone call, they will be violating the child's rights, and you can use this as a defense to the case.

  • Right to a Notice of Their Charges

Sometimes, minors engage in criminal activity out of disregard for the laws, while others are accidental acts that they do not know are criminal. If a minor is arrested and detained in juvenile hall, they have a right to know the crimes for which they are being charged.

  • Right to Legal Counsel

Your child has a right to be represented by an attorney in their case. If you cannot afford to hire a lawyer for your minor, the court will appoint one for your child.

  • Right to Confront and Cross-Examine Witnesses

Although an adjudication is not a formal hearing, your child can present evidence and witnesses to support their case. Since the prosecution will present witnesses, including the arresting officer, your child can exercise their right to cross-examine and challenge the testimony presented by these witnesses.

  • Right to Have their Charges Proven Beyond a Reasonable Doubt

Before your child is incarcerated or deemed a delinquent in California, the court must prove beyond a reasonable doubt that they committed the alleged offenses. If these penalties are not issued, the court only needs to prove by a preponderance of the evidence that the minor violated the law.

  • Privilege Against Self Incrimination

Most people know that the information you offer law enforcement during and after your arrest could be used to obtain a conviction against you in court. Minors are easy to sway and coerce into confessions. Fortunately, minors have the privilege against self-incrimination. This means that whatever information your child provides to law enforcement will not be used against them.

Learn Your Rights in Your Child's Case

Knowing your child is caught up in the juvenile justice system is overwhelming. However, the good news is that you have rights you can exercise throughout your child's juvenile case, including:

  • Right to Know of Your Child's Arrest

When a minor faces an arrest in California, they are placed in juvenile custody before a release or filing of a case. Not knowing the whereabouts of your child must be overwhelming. However, when the arresting officer takes your child to the probation officer, they must notify you. Knowing that your child has been arrested will allow you to go down to where they are and offer your support. Additionally, you have an opportunity to seek legal guidance for the child.

Although you must know your child is in custody, the officers can question the child without your presence. The best thing you can do for the juvenile is to advise them to remain silent until their attorney arrives.

  • Right to Know Your Child Rights in the Process

Even when a child faces criminal charges in California, they have rights that must be respected throughout the juvenile court system. Facing the juvenile justice system is traumatizing for a child. Therefore, if you know their rights, you can enlighten the child and ensure they act right as they move through the process.

  • Right to Attend Juvenile Court Hearings

If charges are filed against your child in juvenile court, they must undergo various hearings until the court determines whether or not they committed the crime. A detention hearing is the first hearing where the court decides whether or not to release a child with a pending case.

After the detention hearing, the court holds a jurisdiction hearing and, lastly, a disposition hearing where the juvenile court judge determines the suitable forms of rehabilitation for the minor. You have a right to be present during all your child's court hearings. The presence of a parent could greatly help a minor feel more at ease and confident throughout the process.

  • Right to Have your Childs Court Hearings Kept Confidential

Unlike adult cases, juvenile criminal cases must be kept secret. Facing charges in juvenile court can be detrimental to your child's well-being. The stigma that accompanies these cases can ruin a child's future. Some reasons you must exercise the right to keep these proceedings secret include maintaining the child's safety and integrity.

  • Right to inspect the Court Files

The juvenile court attempts to protect the child by denying public access to the court files in juvenile cases. However, as a parent or legal guardian of a minor offender, you have the right to inspect these documents. Other individuals accessing juvenile court records include the child's attorney, school officials, and law enforcement agencies.

  • Right to Take Your Child Home with a Pending Trial

All parents have a right to have their children home while the juvenile case is pending. However, your ability to exercise this right depends on different factors surrounding the child's case. At the detention hearing, the court assesses the severity of the case, flight risk, and safety of other people before releasing the minor.

While you can exercise your rights in your child's case, you must be ready to fulfill the following obligations when your child is arrested:

  • Costs incurred by the government while your child is in detention. When a minor is placed in juvenile hall, they will require food, clothing, medical care, and other expenses.
  • Attorney fees. The worst mistake you can make when you learn of your child's arrest is allowing them to battle the juvenile justice system without legal guidance. While hiring an attorney will cost you some money, legal advice significantly affects the outcome of the child's case.
  • Restitution. If your child committed a crime that caused loss or injuries, the court might require the child to pay restitution to the victim. You are responsible for paying the victims of your child's case for their losses.

Seek Legal Guidance for the Minor

The juvenile court system is complicated, especially when you do not have a legal background. Most parents whose children face an arrest for the first time may feel overwhelmed and confused about the situation.

Although you may feel frustrated and upset about your child's actions, you should not try to act as a lawyer or make any decisions that could jeopardize their freedom. Seeking legal guidance is one of the first things you must do when you receive a phone call notifying you of the child's arrest.

Even when it is clear that your child committed the alleged crime, you should never be quick to push them into confessing. A skilled criminal defense attorney can offer the appropriate legal guidance to ensure the child's best interests.

If you have any information that could help your child's case, you must share it with the lawyer. While some of the information may seem irrelevant, it may significantly help the case outcome. Your child's attorney plays a significant role in different stages of the case, including:

  • Detention hearing. At the detention hearing, your child's attorney will find strong evidence to convince the court that the minor is not a flight risk and that their release will not pose a threat to the safety of others. Additionally, the lawyer can show that releasing the minor will be in the interest of justice.
  • Adjudication hearing. An adjudication hearing is your child's opportunity to defend against the charges. With the evidence gathered from the case, your child's lawyer helps argue different defenses for the child's case.
  • Transfer hearing. If your child faces charges for a crime under WIC 707, the prosecutor may recommend that they be transferred to adult court. If a minor is charged as an adult, they can be found guilty and sent to adult jail. During the transfer hearing, your child's attorney will argue that the child can be rehabilitated in juvenile court.
  • Appeal your child's case. If you are not satisfied with the outcome of your child's case, you can appeal the decision. Your child's attorney can gather additional evidence to present to the appeals court.

Communicate with your Child

No parent wants to see their child in legal trouble. When you learn of the child's arrest, you may be annoyed and disappointed by their actions. However, it is essential to keep calm and communicate with your child.

Dealing with law enforcement officers and confusing court systems is traumatizing for the child, and they will look up to you for support. Since most children are released after the detention hearing, you should take the time to reason with the child.

How you react to your child's arrest and criminal charges will impact how they move in with the situation. While you confront the issue head-on, you can seek psychological counseling for the minor. This helps keep the balance between understanding the seriousness of their crimes and reassuring them that you are doing everything you can to help the situation.

In addition to assuring the minor of your support as they battle their charges, you must take the opportunity to remind them that there are repercussions for criminal conduct. Your child can learn from their first mistake and avoid engaging in criminal activity in the future.

Most of the responsibility for juvenile disposition lies with juvenile offenders and their parents. You must be ready to attend all programs with the child and ensure that they remain in school.

Encourage your Child to Stay Clean

When your child is released from juvenile custody with a pending case, you should use the time to encourage the child to stay out of trouble. Supporting your child to stay in school, obtain good grades, and attend counseling could help convince the judge that their crime was a mistake.

The court is often lenient on first-time offenders. Therefore, if your child avoids truant conduct, the judge can be swayed to let them off with a warning or other lighter dispositions like informal probation.

Find a Competent Los Angeles Criminal Defense Lawyer Near Me

Few things are scarier than learning of your child's arrest and watching them go through the juvenile court system. Facing an arrest for a crime and being detained can be a traumatizing experience for a child.

You feel overwhelmed and powerless as a parent of a child caught up in the juvenile justice system. Your ability to protect your child is limited, and they look up to you for the way forward. Your job as a parent is to offer your minor love, support, and guidance.

One step to ensuring that your child's situation produces the best outcome is encouraging them to exercise their rights and knowing your rights as a parent. Additionally, you must contact a reliable criminal defense attorney to help them navigate the legal procedures in juvenile court. At The LA Criminal Defense Law Firm, we offer competent legal guidance and representation for all our clients battling juvenile criminal cases in Los Angeles, CA. Call us at 310-935-1675 today.