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San Francisco, Oakland & Berkeley Juvenile Delinquency Lawyers | California Criminal Defense
The procedures and terminology in a juvenile delinquency case differs
substantially from an adult criminal case, though certain
constitutional rights such as the right to counsel and the right
against self-incrimination are consistent. A juvenile does not have the
right to bail, though a judge can release a minor respondent (not a
defendant) depending on the severity of the charge, the juvenile
delinquency history of the minor, and the stability of the minor’s
home, and any other significant factors.
The most significant difference between juvenile and adult court is
that minors in juvenile court have no right to a jury trial; instead
they have the right to “jurisdictional hearings” at which the judge
determines guilt if proof beyond a reasonable doubt is shown. Another
difference is that plea bargains only involve reduction or dismissal of
charges – the parties can not reach any agreement regarding custody
time. In some cases a minor can be placed on informal probation without
a finding of guilt. Successful completion of informal probation results
in dismissal of the case. Deferred entry of judgment is available in
some cases in which the juvenile does not qualify for informal
probation, but it is less advantageous because it requires the minor
admit to a violation of the law. If the minor violates the conditions
of deferred entry of judgment the court can declare him or her a ward
of the court and impose a punishment without trial.
If a juvenile is found to have violated the law, whether by admission
or by a finding of the court, he or she proceeds to a “disposition
hearing” which is essentially like sentencing for an adult. Options
available to the court include probation, confinement at a ranch, or
for more serious violations, incarceration at the Department of
Juvenile Justice (“DJJ”). Families often fail to seek legal counsel
when their child is charged; however, we are able to advocate for your
child's best interests in juvenile delinquency proceedings in Oakland,
Berkeley and surrounding communities of California.
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