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.

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.