California Juvenile Defense Information
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California Juvenile Defense Information According to Mike Males, Ph.D., senior research fellow on juvenile and crime justice with the Center on Juvenile and Criminal Justice, 19,000 young people were confined to youth correction facilities or county operated ranches, camps, and juvenile halls in California in 1998. In 2010, that number fell to only 10,500. In contrast, the youth population in the state increased from 1998 to 2010 by nearly 400,000. One would think that with so many more young people on the streets of California cities that a massive juvenile crime wave would have been the result. The crime rate in California instead fell from just over 76,000 felony arrests in 1998 to 52,000 in 2010. The percentage of felony crimes dropped by 30 percent in Riverside, 35 percent in Los Angeles, and 45 percent in Sacramento during the 1998 to 2010 time period. In fact, the rate of juvenile crime fell in every major county in California during those years. There was, during this period when California’s crime rate was declining, a national trend toward lower crime rates in nearly every state and in Canada. San Diego, California reduced its rate of sending people to state prisons but also experienced a decline in the number of major crimes. There are many factors influencing the crime rate in the state of California including the following: Immigration numbers and patterns Demographics Prevalence of illegal guns Epidemics of illegal and prescription drug use/abuse Rise in the unemployment rate Strategies used for policing the streets Lower-income housing density, etc.
According to the U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention, as part of the Juvenile Offenders and Victims National Report Series, arrests of juveniles for committing violent offenses declined ten percent between 2008 and 2009. The number of juvenile offenses overall fell nine percent during that same time period. This is based on a summary of 2009 juvenile crime and arrest data that was reported by law enforcement agencies across the nation and included in FBI reports. In 1994 the juvenile violent crime index arrest rate was at an historic high, but in 2009 the rate dropped almost 50 percent to its lowest level since 1980. Arrest rates for males and females fell in 2009 in nearly every offense category except robbery and murder. Arrest rates for murder remained unchanged, and for robbery the rates went up 15 percent. This is according to a December 21st, 2011 OJJDP bulletin summarizing juvenile arrests. Facts Regarding Juvenile Criminal Proceedings:
When arrested, juveniles may be either cited and released or detained at a juvenile detention facility. District attorneys are required to file a petition if the youth is detained no more than 48 hours after the time of the minor’s detainment. If this rule is not complied with, the minor is entitled to be released while the case is pending. If in custody, the first court date for juveniles is called a detention hearing at which time a juvenile judge or referee with input from the juvenile deputy district attorney, juvenile defense attorney, and the department of juvenile probation, determines whether or not to continue to detain the youth pending adjudication of charges against him or her. Juvenile judges use certain criteria in order to determine whether to detain youth pending adjudication: Is it urgent and necessary for the protection of the youth charged? Is the juvenile a flight risk who may flee and not appear in court? Has the youth violated any previous court orders? Is detention necessary to protect another person or that person’s property? If detained, juveniles have the right to a trial taking place within 15 court days of the arraignment. If not in custody, the youth is entitled to a trial within 30 calendar days of the arraignment. The arraignment is the first court date at which the juvenile’s attorney will often enter a denial of the petition and set a pretrial and court date. Most defense attorneys will deny the petition pending evaluation of the state’s case against their juvenile defendants. Youths have the right to place two phone calls—one to parents or guardians and a second to an attorney. Juvenile hall officers have the duty to notify the youths’ parents or guardians of the arrest. Under penal code 170.6 all juveniles have the right to an unbiased judge. Juveniles must challenge impartiality of judges immediately or they are considered to have waived that right. Attorneys who are experienced in handling juvenile criminal cases can help defendants determine potential judges’ fairness. In a 2005 U.S. Supreme Court decision, it was found to be unconstitutional to impose capital punishment on a youth for crimes committed while under the age of 18. In a 2010 U.S. Supreme Court decision, it was ruled that children cannot be sentenced to life imprisonment without opportunity for parole for commission of non-homicide offenses. If a child is prosecuted as an adult, then he or she can receive a life sentence when convicted of certain crimes which qualify for a lifetime sentence. That sentence is termed a juvenile life sentence. In California the youth may be incarcerated until age 25 at what used to be called the California Youth Authority and is now called the Department of Juvenile Justice.
In juvenile court adjudications, the California Supreme Court has ruled that youth do not have the right to a jury trial. Trials are conducted by a juvenile court judge who performs the role of jurors.
Experienced juvenile defense attorneys will work with the accused and their families on how to best approach the defense within each individual case. They will work to challenge every aspect of the prosecution’s case against youth charged of committing crimes. If You Have Been Charged with Commission of a Crime in California, Contact Our Criminal Defense Attorneys at Lessem & Newstat, LLP. Los Angeles, Ventura, and Santa Barbara County criminal defense attorneys Jeremy Lessem, Joshua Newstat, and Mark Lessem have handled thousands of criminal cases on behalf of clients throughout the state of California. Call (800) 295-1054 or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.
According to the U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention, as part of the Juvenile Offenders and Victims National Report Series, arrests of juveniles for committing violent offenses declined ten percent between 2008 and 2009. The number of juvenile offenses overall fell nine percent during that same time period. This is based on a summary of 2009 juvenile crime and arrest data that was reported by law enforcement agencies across the nation and included in FBI reports. In 1994 the juvenile violent crime index arrest rate was at an historic high, but in 2009 the rate dropped almost 50 percent to its lowest level since 1980. Arrest rates for males and females fell in 2009 in nearly every offense category except robbery and murder. Arrest rates for murder remained unchanged, and for robbery the rates went up 15 percent. This is according to a December 21st, 2011 OJJDP bulletin summarizing juvenile arrests. Facts Regarding Juvenile Criminal Proceedings:
When arrested, juveniles may be either cited and released or detained at a juvenile detention facility. District attorneys are required to file a petition if the youth is detained no more than 48 hours after the time of the minor’s detainment. If this rule is not complied with, the minor is entitled to be released while the case is pending. If in custody, the first court date for juveniles is called a detention hearing at which time a juvenile judge or referee with input from the juvenile deputy district attorney, juvenile defense attorney, and the department of juvenile probation, determines whether or not to continue to detain the youth pending adjudication of charges against him or her. Juvenile judges use certain criteria in order to determine whether to detain youth pending adjudication: Is it urgent and necessary for the protection of the youth charged? Is the juvenile a flight risk who may flee and not appear in court? Has the youth violated any previous court orders? Is detention necessary to protect another person or that person’s property? If detained, juveniles have the right to a trial taking place within 15 court days of the arraignment. If not in custody, the youth is entitled to a trial within 30 calendar days of the arraignment. The arraignment is the first court date at which the juvenile’s attorney will often enter a denial of the petition and set a pretrial and court date. Most defense attorneys will deny the petition pending evaluation of the state’s case against their juvenile defendants. Youths have the right to place two phone calls—one to parents or guardians and a second to an attorney. Juvenile hall officers have the duty to notify the youths’ parents or guardians of the arrest. Under penal code 170.6 all juveniles have the right to an unbiased judge. Juveniles must challenge impartiality of judges immediately or they are considered to have waived that right. Attorneys who are experienced in handling juvenile criminal cases can help defendants determine potential judges’ fairness. In a 2005 U.S. Supreme Court decision, it was found to be unconstitutional to impose capital punishment on a youth for crimes committed while under the age of 18. In a 2010 U.S. Supreme Court decision, it was ruled that children cannot be sentenced to life imprisonment without opportunity for parole for commission of non-homicide offenses. If a child is prosecuted as an adult, then he or she can receive a life sentence when convicted of certain crimes which qualify for a lifetime sentence. That sentence is termed a juvenile life sentence. In California the youth may be incarcerated until age 25 at what used to be called the California Youth Authority and is now called the Department of Juvenile Justice.
In juvenile court adjudications, the California Supreme Court has ruled that youth do not have the right to a jury trial. Trials are conducted by a juvenile court judge who performs the role of jurors.
Experienced juvenile defense attorneys will work with the accused and their families on how to best approach the defense within each individual case. They will work to challenge every aspect of the prosecution’s case against youth charged of committing crimes. If You Have Been Charged with Commission of a Crime in California, Contact Our Criminal Defense Attorneys at Lessem & Newstat, LLP. Los Angeles, Ventura, and Santa Barbara County criminal defense attorneys Jeremy Lessem, Joshua Newstat, and Mark Lessem have handled thousands of criminal cases on behalf of clients throughout the state of California. Call (800) 295-1054 or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.
