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THE LAW OFFICES OF MICHAEL A. FIUMARA
182 Farmers Lane, Suite 100-A, Santa Rosa, CA 95405
Phone: (707) 571-8600 Fax: (707) 568-7240

Juvenile Alternatives

Juvenile Justice System : Crimes
Petition : The Process of a Juvenile Criminal Case
Juvenile Detention Hearing : Juvenile Arraignment Date
Juvenile Pretrial Date : Juvenile Court Trial
Juvenile Programs : Recommended Parent Reading List

Michael A. Fiumara

1. JUVENILE JUSTICE SYSTEM

There has been such an increase in juvenile crime that the juvenile court system has been transformed so that, with the exception of the right to a jury trial, a delinquency jurisdictional hearing in many counties in California is virtually the same as a criminal trial.

Delinquency proceedings concern minors (under the age of 18) who are alleged to have participated in acts that would be crimes if they were committed by adults.

2. CRIMES

Any act which would be a crime, if committed by an adult, subjects the minor to the jurisdiction of the Juvenile Court’s Delinquency System. This includes the most serious felonies (murder, armed robbery, forcible sex offenses, etc.) to misdemeanors such as public intoxication, vandalism and fighting and driving under the influence of alcohol or drugs. In short, all offenses proscribed by the Penal Code.

Some of the most common types of offenses, which bring juveniles before the system, are property violations (vandalism and theft), sex offenses (intercourse, vaginal penetration by fingers or other objects), automobile offenses such as drunk driving and reckless driving, and the use of alcohol and drugs. For the most serious offenses, the district attorney may even seek to have the minor tried as an adult. This determination is made by the court at a "Fitness Hearing." If the juvenile is determined to be "fit" (i.e., should not be treated as an adult) he or she remains in the juvenile system.

3. PETITION

The district attorney usually files a Petition (similar to a complaint) and the matter is set for a juvenile court hearing. The probation department assigns an officer who will make the most important recommendations. The matter is presided over by a Superior Court Judge or a Juvenile Court Referee.

POSSIBLE DISPOSITIONS

If the Petition is not sustained (similar to an acquittal), the minor leaves the system. If the Petition is sustained, one of the following may occur.

1. The matter may be dismissed by the court.

2. The minor may be given a six-month probation with no wardship.

3. The minor may be put on home probation.

4. The minor may be placed in out-of-home probation (probation camp, etc.)

5. A minor may be held in the California Youth Authority (CYA), which is like prison. If the offense occurred while the juvenile was under 16 years of age, he may be held in CYA until the age of 21 or, if it occurred while the juvenile was over the age of 16, he may be held until the age of 25.

4. THE PROCESS OF A JUVENILE CRIMINAL CASE

If your child has been arrested, he or she can either be cited and released or detained at a juvenile detention facility. If your child is in custody, he or she will be arraigned in juvenile court within 48 hours, excluding weekends and holidays.

5. JUVENILE DETENTION HEARING

If your child is in custody, his or her first court date is called a detention hearing. At the detention hearing the juvenile referee, or juvenile judge, will make a determination on whether to continue to detain your child pending adjudication of the charges. The juvenile referee, or juvenile judge, will have input from the juvenile probation department, as well as from the juvenile deputy district attorney and juvenile defense attorney.

The criteria used by most juvenile judges on whether to continue to detain your child pending adjudication are as follows:

1. It is reasonably necessary for the protection of the person or property of another that your child be detained.

2. It is a matter of immediate and urgent necessity for the protection of your child that he or she be detained.

3. Whether your child is a flight risk and will not appear in court.

4. Whether your child has violated a prior court order.

At the juvenile detention hearing your child’s attorney will enter a plea admitting or denying the petition. Most attorneys will deny the petition pending evaluation of the state’s case.

If your child is detained, he or she has a right to a speedy trial to take place within 15 court days of the arraignment. If your child is not in custody, the speedy trial requires an adjudication date within 30 calendar days.

6. JUVENILE ARRAIGNMENT DATE

If your child is not in custody, his first court date is called arraignment. Your child’s attorney will often enter a denial of the petition and set a pretrial and a court date.

7. JUVENILE PRETRIAL DATE

The pretrial date is set up so the attorneys of both parties can discuss a possible resolution to the case and to discuss other outstanding discovery issues. If your child is in custody, this must be set up the week following the arraignment unless time is waived. In other words, the pretrial date or even the court trial date, can be set at a much later date if your child’s attorney and your child agree to a later date. If your child is not in custody, his/her pretrial must generally be scheduled two to three weeks after the arraignment unless time is waived. Many juvenile judges participate in a discussion of a resolution through a private conference in the Judge’s chambers.

8. JUVENILE COURT TRIAL

Unlike adult court, your child is not entitled to a jury trial. In lieu of twelve jurors, the juvenile court trials are done by a judge or commissioner who acts as both judge and trier of fact. Therefore, it is very important that you have a lawyer that is familiar with the juvenile court proceedings and the juvenile court judges. Under Penal Code section 170.6, your child has a right to an unbiased judge. Your child has to challenge the Judge’s impartiality immediately. Otherwise, he or she can be deemed to have waived that right. Only an experienced juvenile attorney will know which juvenile judges, or juvenile commissioners are fair.

9. JUVENILE PROGRAMS

Deferred Entry of Judgment (DEOJ) - DEOJ means that you have admitted your charges but once you complete the program satisfactorily, the judge will dismiss your charges, but no sooner than 12 months and no later than 36 months from the date of the referral to the program, and the arrest upon which the judgment was deferred shall be deemed to have never occurred and the records in the possession of the juvenile court are sealed.

Eligibility for DEOJ are the following: The minor has not previously been declared to be a ward of the court for the commission of a felony offense, the offense charged is not one of the offenses enumerated in Welfare and Institutions Code section 707(b), the minor has not previously been committed to the custody of the Youth Authority, the minor’s record does not indicate that probation has ever been revoked without being completed, the minor is at least 14 years of age at the time of the hearing, and, the minor is eligible for probation pursuant to Penal Code section 1203.06. Call our office for further details, due to changes in the law.

Sonoma County Juvenile Probation - Must be referred by a law enforcement agency or the court. They make referrals to community based organizations to divert minor from delinquent activities. Investigates delinquent acts and makes dispositional recommendations to the Superior Court regarding minors. Supervises juvenile offenders in the community and collects restitution for victims of crime. Located at 111 Pythian Road North, Santa Rosa 565-6229

Sonoma County Probation Camp - Must be referred by Court. This is a residential, juvenile, correctional treatment program for 16 to 18 year old delinquent males. Located in Forestville, CA. 887-0298.

The Home Treatment Program (HTP) - is a pre-residential alternative with the offender on electronic monitoring, individual counseling, family therapy, work/school, recreation, drug/alcohol services on an individualized plan, while functioning totally in the community. Daily electronic monitoring by staff, and reports from school, employers, etc. are applied for a period of six months with decreasing structure during this time; and completion resulting in termination of Court wardship. Call our office for further details.

Project YES (Youth Empowerment Services) - Must be court referred. It is a 16-week program through Circuit Rider Productions that meets at McBride High School at 2943 McBride Lane, Santa Rosa. It provides counseling and support, gang prevention activities, drug and alcohol intervention and prevention. After completion staff will have phone contact with the family and the school to make sure the minors are continuing to follow appropriate behaviors. Circuit Rider Productions is located at 9619 Old Redwood Highway, Windsor 838-6641

Community Service - Must be referred by Courts, Probation Office or Diversion. The Volunteer Center Court Referral Program offers placement services for persons assigned community service hours from court, probation, diversion, or for suspension or expulsion from school. Initial interviews are in Santa Rosa with work sites available throughout the county, follow-up, monitoring and reports on offenders referred to complete community service work. Located at 153 Stony Point Circle, Ste. 100, Santa Rosa 573-3360.

Social Advocates for Youth (SAY) Anger Management Classes - Ordered by the court to participate in anger management classes held at Dr. James E. Coffee House. Located at 1243 Ripley Street, Santa Rosa 546-3432.

Social Advocates for Youth (SAY) - This organization provides crisis services, special services to runaway young people and their families and a 24-hour crisis line. An emergency shelter is located onsite. Also provides family counseling services. 3440 Airway Drive, Suite E, Santa Rosa. 544-3299.

Social Advocates for Youth (SAY), Sonoma Valley - Provides counseling, education, prevention, alcohol and drug diversion, and youth and personal development for youth ages 14-21 and their families. Located at 1055 Broadway, Suite C, Sonoma 996-7991

Drug Court Counseling Program, part of Drug Abuse Alternatives Center (DAAC) - Must be referred by the Sonoma County Drug Court. Counseling for families, youth education and counseling. Located at 2230 Professional Drive, Suite C, Santa Rosa 566-0170

Dr. James E. Coffee House - Provides emergency shelter for teens from 12-17 years old. Crisis mediation phone line provided on a 24-hour basis for youth and their families. Provides emancipation counseling and resources. Also provides drop-in food, clothes, toiletries, and brief counseling support. Located at 1243 Ripley Street, Santa Rosa 546-3432.

Sonoma County Teen Court - Young people who commit misdemeanor offenses are brought before a jury of their peers. Targets youth entering the juvenile justice system. Staffed by trained youth volunteers, presided over by local attorneys and juried by young people whose participation is a condition of program completion. Over 98 per cent of Teen Court’s youth offenders have not bee rearrested within 18 months of their court appearance. Under The Root System parents can make direct referrals. Targets core principles of accountability, choice, trust and intention. Offers workshops and seminars. Located at 3360 Coffey Lane, Suite A-2, Santa Rosa. 527-6810.

Sonoma County Adult and Youth Development - Youth and families are offered activities including school based groups and counseling, family advocacy, youth and family counseling, Latino outreach, multi-cultural outreach, drug, alcohol and tobacco prevention and diversion, parent education and retreats, youth employment services, and homeless prevention services. Located at 7345 Burton Avenue, Rohnert Park, CA 793-9030.

Abraxis Day Treatment Center - Is a five-day-a-week 120-day program with a two month After Care program designed to assist wards who would ordinarily be ordered to serve 90 to 120 days in Juvenile Hall. The program provides education, vocational assistance, and counseling for 120 days at an off-site location in lieu of serving time in custody. The goal is to provide 17 and 18-year-old wards who have been unsuccessful in other programs the skills to survive in the world as adults. They are provided an additional 60 days of support in their community of residence by community-based organizations once they graduate from the Abraxis Program. Located in Santa Rosa 568-4492.

R House - This is mid-term residential treatment for chemically dependent adolescent boys and girls ages 14-18. The Adolescent Treatment Program (ATP) contract provides 90 days of residential services for approximately 6 to 8 clients who are not involved in the criminal justice system. Services are provided within a therapeutic milieu and include random weekly urinalysis, 12-step participation, individual counseling, daily groups, development of a positive support system and planning for the transition to outpatient treatment and the community. Family counseling every other week and family groups are also part of the regimen. Located in Santa Rosa 539-2948.

Sierra Youth Center - Must be referred by court. This is a 22-bed co-educational residential treatment program for delinquent boys and girls between ages 12 and 18. Also operated through Sierra Youth Center are the Juvenile Weekend Work Crew, Dog Training to assist the disable, and the Aftercare Programs. Located at 163 Pythian Road North, Santa Rosa. 537-6300.

Juvenile Justice Programs - Must be referred by law enforcement, Sonoma County Juvenile Probation or West County Schools. Offers a youth diversion program for first and second time offenders at two locations in Sebastopol and Guerneville. Services include individual and family counseling, drug and alcohol groups, Teen Life Skills Groups, community service opportunities, employment assistance, and family group conferencing for the victim and offender reconciliation process. Located at 6782 Sebastopol Avenue, Sebastopol 829-5717, and 16390 Main Street, Guerneville 829-5717.

Walden House - This program serves adolescents between the ages of 13 and 18. with a wide range of substance abuse, emotional and behavioral problems. They offer substance abuse counseling and education, on-site public and special education schools, family, individual & group therapy, relapse prevention education, 12-step education and fellowship, comprehensive aftercare services, psychiatric services, medical & nursing care. Traditional program length is 6-18 months. Located at 214 Haight Street, San Francisco (415)-554-1480.

Willow Creek Treatment Center - The youths are referred through the contracting counties’ Departments of Mental Health, Departments of Social Services, and Probation Departments. Willow Creek provides intensive treatment services for 12-24 months including residential services and a Day Treatment Program. Their goal is to help children develop self-esteem, self-respect, and a sense of responsibility, with control over the direction and quality of their lives. Located at 341 Irwin Lane, Santa Rosa 576-7218.

9. RECOMMENDED PARENT READING LIST

1. 52 WAYS TO BE A BETTER STEP PARENT —O’Connor, K. and Flowers, C.

2. GET OUT OF MY LIFE BUT FIRST CAN YOU DRIVE ME TO THE MALL —Wolf, Ph.D.

3. HELPING YOUR TEENAGER DEAL WITH STRESS —Youngs, Bettie B., Ph.D.

4. HOW TO DEAL WITH YOUR ACTING OUT TEENAGER —Bayard, Robert and Jean Ph.D.

5. HOW TO TALK SO KIDS WILL LISTEN AND LISTEN SO KIDS WILL TALK —Saber, A. and Mazlish, E.

6. PARENTING TEENAGERS: SYSTEMATIC TRAINING FOR EFFECTIVE PARENTING OF TEENS —Dinkmeyer, D. and McKay, G.

7. POSITIVE DISCIPLINE FOR PARENTING IN RECOVERY: A GUIDE TO HELP RECOVERING PARENTS —Nelsen, J., Intner, R. and Lott, L.

8. POSITIVE DISCIPLINE FOR TEENAGERS —Nelsen, J. and Lott, L.

9. REVIVING OPHELIA: SAVING THE SELVES OF ADOLESCENT GIRLS —Pipher, M. Ph.D.

10. TEENAGERS: THE CONTINUING CHALLENGE —Gould, S.

11. THE ANGRY TEENAGER —Carter, Wm. Lee, M.D.

12. UNCOMMON SENSE FOR PARENTS WITH TEENAGERS —Riera, M. Ph.D.

DISCLAIMER

The information and statements above does not constitute legal advice. The receipt of the above-mentioned information should not become the formation of a lawyer or an attorney-client relationship. Any results in your potential case are only dependent on the facts of that case and results will vary based upon different facts and the application of those facts. The statements are intended to be general statements of the law in California.

The statements are intended to give you a general understanding of what is involved in the criminal justice system in California and is an attempt to educate the reader. It is preferable to consult with a licensed attorney of your choice, or you may choose to consult with our office to learn the specifics of the law and how we may tailor that law to fit your needs. Please understand that the law is subject to change. Even though we work hard to update our website, we cannot guarantee its accuracy at all times.

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The Law Offices of Michael A. Fiumara
182 Farmers Lane, Suite 100-A, Santa Rosa, CA 95405
Phone: (707) 571-8600 Fax: (707) 568-7240
© 2006-2010 Michael A. Fiumara