Many good kids have gotten caught in the vicious cogs of the California juvenile detention system. While the ostensible purpose behind juvenile punishment is to help kids learn a lesson for making poor choices, the outcome is often more criminality and recidivism. Fortunately, there are often options available that do not result in criminal charges. An attorney can help you explore potential juvenile diversion options and work to ensure your child is not formally charged with a crime.
Once a minor has been charged with a crime, several options besides prosecution may be available depending on the type of crime a minor is charged with. These include:
Probation Informal Supervision (POIS) - POIS allows a minor to be informally supervised for six months by the Juvenile Probation Department without formally admitting the charge in court. If the minor completes the requirements of the information POIS, their case is dismissed.
Court Informal Supervision (Court IS) - In Court IS, the Juvenile Court Probation Department supervises the minor for six months without formally admitting the charge in court. If the minor completes the requirements of Court IS, their case is dismissed.
Non-Wardship Supervision - This option requires a minor to admit the charge in court and then be supervised by the Juvenile Court Probation’s Department for six months. If a minor completes the requirements of Non-Wardship Supervision, their case may be dismissed; if not, the minor will become a ward of the court.
Deferred Entry of Judgment (DEJ) - This option is only available for minors at least 14 years old who have been charged with a felony. It requires a minor to admit to the felony offense with which they are charged, followed by supervision by the Juvenile Court Probation Department for at least 12 months. If the minor completes the requirements of the DEJ, their case can be dismissed and their record can be sealed. If not, they will become a ward of the court and be placed on formal probation.
Some parents may be inclined to let the full brunt of a child’s decisions fall on the child’s head without an attorney to help mitigate the consequences. But a parent’s faith in the justice system to administer fair treatment may be ill-placed; having an attorney can result in a major difference in a kid’s juvenile case that can make the difference between a permanent juvenile record and a mere slap on the wrist. Juvenile attorneys can often help by:
Getting a case diverted
Preventing a juvenile from being tried as an adult
Creating and getting a judge to agree to a fair disposition
Getting a juvenile out of detention before a hearing
Minors are entitled to legal representation and in matters of serious crimes with potentially serious consequences, an attorney can be an indispensable help.
At Fuller Law Firm, our Santa Clara County juvenile defense attorney strongly believes that everyone deserves a second chance - especially juvenile offenders who have made a mistake. If your child has been arrested for committing a crime and you are worried they could get in serious trouble, contact our offices right away at 408-234-7563. We offer free consultations and can meet you or your child at home or in juvenile detention.
Source:
https://probation.sccgov.org/juvenile-programs-and-services
https://publicdefender.sccgov.org/cases-we-take/juvenile/informal-programs-and-outcomes