Because juveniles do not have a constitutional right to a jury trial unless tried as an adult, judges hear most juvenile cases. Juveniles also do not have a right to a public trial or to bail.

Under California law, juvenile offenders do not commit "crimes." They commit "delinquent acts", some of which are acts that would constitute crimes if committed by an adult. The trial phase of a juvenile case is a "jurisdictional" hearing. This means that the judge hears the evidence and determines whether the child is delinquent. The court may then take whatever action it deems to be in the child's best interest. This can range from picking up trash to spending time at the California Youth Authority, essentially, juvenile prison. The theoretical purpose is to rehabilitate, not punish.

The same elements of due process apply in a juvenile proceeding as they do in the criminal trial of an adult. For example, a child charged in a juvenile proceeding is entitled to:

• notice of charges given in advance of any adjudication of delinquency;
• an attorney;
• the right to confront and cross-examine witnesses; and
• the right to assert his or her Fifth Amendment privilege against self-incrimination.

Finally, the state is required to prove its charges beyond a reasonable doubt, just as in the trial of any adult on a criminal charge.

Sometimes, juveniles are treated like adults. This is called "direct filing". If the prosecution charges an older juvenile with a particularly serious or violent offense, the district attorney may request that an adult court try the juvenile as an adult. In California, juveniles sixteen or older and charged with serious acts like murder, rape or armed robbery are handled in adult courts unless the judge transfers them to juvenile court.

Parents should know that they might be legally responsible for the acts of their child if they failed to supervise or control the child properly. For example, California recently passed a "gang parent" law that authorizes the arrest of parents of juvenile gang members who commit serious offenses. Similarly, if your teenage driver has an accident or commits a crime while driving the family car, the court may hold you responsible. One example of this is a teenager driving while intoxicated and causing injuries to another.

Juveniles who are arrested and held at juvenile hall are not entitled to bail. The court can either keep them in jail, pending the outcome of the case, or send them home with their parents under certain conditions, such as electric monitoring. The court must have a detention hearing for a detailed juvenile within 48 hours at the max or the minor has to be released from custody. Probation department typically prepares a report in order to make his decision. At the detention hearing, a qualified juvenile defense attorney must evaluate all police reports, including all documents made available to the officer when he made the report. At that hearing, the defense counsel should ask for the minor to be released under proper circumstances. If the court doesn’t present the juvenile attorney with sufficient document, they need to set a Denis H hearing to contest basis of detention. At the hearing the probation officer is called (who prepared the report) and there needs to be a determination of the basis of the detention. Also, the defense attorney can get oral or written statements for detesting the detention. The court can detain the minor only if there is a finding of the minor violating a prior order, escaped juvenile court or is likely to flee jurisdiction.

Please understand that while courts are still speaking of juvenile proceedings as for the benefit of the child, the law is changing so quickly that more and more juveniles are being treated as adults and punishes as adults in spite of overwhelming evidence that juveniles are different than adults. Their brains are not as fully developed. In fact, recent studies have shown that a males brain is not completely developed (including the all important frontal lobe which is responsible for evaluating and determining whether to do certain acts) until the age of 25.

Direct filing

Direct filings of criminal charges against juveniles are common in more serious felony cases like murder, attempted murder, assault with firearms and other serious gang crimes. For now, the death penalty is not available for juveniles who committed capital murder. The minor has to be 14 years or older under Welfare and Institutions code section 707(d)(2). That means that the minor was alleged to commit an offense that would be punishable by death or life in prison if committed by an adult or the minor was alleged to personally use a firearm in t commission or attempted commission of a felony or the minor is alleged to have committed an offense such as murder, arson, robbery, rape, molestation, kidnapping for ransom or attempts of those crimes when that minor ahs been previously found to be a ward of the court under one of those prior cases, or if the charge was committed for the benefit of the street gang, or the crime was committed for intimated or interfering with someone’s civil rights.

Once a minor is charged as an adult, they are subject to the same sentencing and enhancements as adults are, except the death penalty. The courts often conduct fitness hearings to determine if the minor is fit to be treated as a minor or as an adult.

As the prosecutors are filing charges against younger and younger children, it is important o remember that anyone who is charged with ac rime has to have a criminal mental state. There are many laws and cases that discuss if a child has the ability to form criminal intent at all. A qualified Orange county juvenile criminal attorney should make a determination about the minor’s abilities to understand the process and ability to form criminal intent.

In juvenile court, juveniles are not entitled to a jury trial. Instead they go in front of a judge for a bench trial. All the same rules apply in this proceeding but for the presence of a jury, generally speaking.

There are many cases where a minor has never been in trouble before and finds himself in front of a judge in juvenile court. This is a prime opportunity for an experienced Orange County juvenile criminal defense attorney to wage a campaign against his client to show the clients good deeds, ties to the community and why the juvenile should be diverted from the adult system and treated informally.

I believe the Constitution matters most when it serves the individual against the awesome power of the State. A good lawyer is the only protection between you and the Police, the Court, and the the District Attorney. I will defend anyone accused of wrongdoing, regardless of the charge. Call me at (714) 834-1400 or contact me online to discuss your matter confidentially 24 hours a day.