It can be difficult when an adult navigates through the criminal justice system. When a child faces the justice system, it can be an even more overwhelming experience. It is normal for parents and guardians to feel uncertain and frightened about what lies ahead. The juvenile justice system focuses more on rehabilitation, unlike the adult system, which focuses on punishment.

The main aim of rehabilitation is to correct behavior and provide them with what they need to reintegrate into society. Usually, a juvenile case remains within the juvenile system, but the court could prosecute the child as an adult when a serious crime occurs.

If your child is on probation or is facing another legal issue, you want a skilled attorney to protect their future. An experienced lawyer can push for your child’s rehabilitation instead of harsh consequences and ensure they get a second chance. Contact the Monterey Criminal Attorney today to secure the best possible outcome for your child.

What is Juvenile Probation?

Juvenile probation guides minors toward rehabilitation rather than punishment. When a minor commits a crime, the court may order them to probation instead of detention to help them straighten out and protect public safety. A probation officer monitors the child’s compliance with the court-ordered conditions. Compliance could include:

  • Attending the court on the required dates
  • Attending school
  • Honoring curfews 
  • Attending counselling
  • Doing community service or 
  • Paying restitution to the victims

Most juvenile cases are filed under WIC (Welfare and Institutions Code) Section 602. The charges under this section relate to actions deemed offenses if an adult did it. Based on the crime and other facts, the court could declare a minor a ward of the court and place them on probation rather than lock them up. This process allows juveniles to continue staying in their communities but also receive interventions to reduce the risk of reoffending.

In 2018, with the signing of Senate Bill 439 (SB 439), the law came into place that would set an age below which no juvenile could be prosecuted in the juvenile court for nearly all crimes. If a child is charged with a violent felony like murder or forcible sexual assault, they can be taken to adult court. SB 439 shifts the focus away from legal consequences for young offenders, instead promoting family- and community-based programs to prevent behavior issues from escalating.

Juvenile probation is designed to help children overcome challenges that caused them to get in trouble in the first place. Many minors have difficulty learning, mental health, or using drugs or alcohol. Probation often includes education, therapy, or rehab to help with these issues. Counseling services may be for:

  • Mental health treatment
  • Substance abuse recovery
  • Anger management

The court determines the duration of a minor's probation based on the child’s progress and adherence to court-ordered conditions. If a minor demonstrates good behavior and completes their programs, their probation could be terminated early. However, if they violate the conditions, their probation may be extended, and they may face more restrictions. They may even end up in a juvenile facility if their probation violations are serious. The primary purpose is to rehabilitate these juveniles so they do not face the law again.

Records of non-judicial actions are kept confidential to protect a minor's future opportunities. In some situations, including repeat offenders or serious crimes, this confidentiality may not apply.

Types of Sanctions for Juvenile Offenders

California courts look at each child's juvenile delinquency case under Section 602 of the Welfare and Institutions Code to impose sanctions that correct delinquent behavior while prioritizing rehabilitation. These measures require juvenile offenders to admit the crime as a guarantee to avoid more serious criminal activities in the future.

Some of them include:

  • Paying fines or restitution — A popular sanction is that minors can be required to pay fines or restitution. Restitution pays money back to the victim for the crime.
  • Community service — Juveniles often have to do community service under this sanction. This allows them to give back to society while instilling a sense of responsibility.
  • Attending victim impact classes — Juveniles may be ordered to participate in victim impact classes to better understand the harm they have caused. These programs expose offenders to firsthand accounts of how criminal behavior impacts victims, fostering empathy and accountability. 
  • Being placed in foster care — A juvenile can be placed in a foster home by the court if their home environment is detrimental to their rehabilitation.
  • Regular check-ins with the probation officer — An officer on probation often monitors the juvenile. 
  • Submitting to random drug tests — These tests focus on reinforcing discipline and treating issues, including drinking problems or behavioral problems.
  • Placement in camps or rehabilitative programs — Juveniles in need of more intervention could be ordered by the courts to go to camps, ranches, or juvenile halls. They have different activities, which include education, counseling, and job training to teach discipline. 
  • Commitment to juvenile detention — In serious or violent cases, a juvenile could be committed to the D.J.J., or Division of Juvenile Justice (formerly the California Youth Authority). Juvenile offenders are placed in DJJ for long-term treatment, academic education, and vocational training to rehabilitate serious offenders while ensuring public safety.

California’s juvenile system is more focused on rehabilitation than punishment. The sanctions are tailored for each minor.

Understanding the Legal Process for Juveniles

The juvenile justice system follows the following process:

  1. Detaining or Initial Hearing

The system begins with a detention or initial hearing, similar to an arraignment. The charges are formally presented at this stage. If necessary, the court will assign an attorney, and the juvenile can plead admission or denial.

If detained, the judge decides whether to keep the juvenile in custody or release them to their parents. The judge will weigh the community's safety, the juvenile's welfare, and the likelihood of the juvenile attending further hearings. 

Unlike adult court, the juvenile system does not offer bail. Instead, the judge evaluates broader rehabilitative and public safety factors.

  1. Pretrial Conferences and Motion Hearings 

After the first hearing, the case may go to either pretrial conferences or motion hearings, also called status or settlement conferences. At this point, lawyers work to resolve the case or negotiate an appropriate deal. For example, they can file motions or discuss plea deals.

  1. Transfer Hearings for Serious Offenses

Juveniles over 15 years of age charged with serious crimes will face a transfer hearing, during which the court will determine if the case should go forward to adult court. The judge evaluates:

  • The severity of the offense
  • The juvenile’s history
  • If the child might be dangerous, before deciding

  1. Jurisdictional Hearing

The jurisdictional hearing takes on a trial-like format but not with a jury present. The judge assesses the evidence and case to decide if it is proven wrong. The defense will refute the evidence and present arguments for the juvenile. 

If the prosecution does not make their case, the juvenile's case is dismissed, and they are set free. If the judge finds the juvenile guilty, the case goes to disposition.

  1. Disposition Hearing

The disposition hearing is comparable to a sentencing hearing but focuses on rehabilitation. The court will listen to the juvenile or their family and the victims. The court can also order probation based on the situation, along with counseling, community service, or educational conditions. The juvenile may be placed in foster care, group homes, or secure institutions for more intensive community intervention. In serious cases, the court could require a juvenile to be placed in the Division of Juvenile Justice, but recent policies favor community placements.

Probation remains a common outcome. The juvenile is under the supervision and control of a probation officer, who also ensures compliance with any requirements imposed by the court. Further, the probation officer helps the juvenile to reform and change for the better.

Ongoing review hearings allow the court to track the juvenile’s progress. The court may modify requirements or adjust placements as appropriate based on the juvenile’s efforts to rehabilitate themselves and comply with the conditions of probation.

Types of Probation for Juvenile Offenders

There are various types of probation for juvenile offenders, keeping in view their circumstances. These programs have different supervision and court involvement levels and could require the minor to remain home or participate in structured rehabilitation.

The common types include:

Informal Probation

Under Welfare and Institutions Code 654, informal probation is a diversion program that involves a minor, his/her parents or guardians, and a probation officer agreeing to specific terms without court involvement. This option applies to situations that do not necessitate formal adjudication. 

If the minor successfully finishes the six-month program, the charges will be dismissed, and the case will be closed. However, if they do not comply, a formal court process will ensue.

Court-Supervised Informal Probation 

The WIC 654.2 informal probation is like a 654, except it is court-supervised. Once the district attorney files a formal case, the court postpones sentencing for six months to allow the minor to finish a diversion program. If the minor does well, the charges are dropped. If not, the court will impose a sentence.

Non-Qardsnip Probation

When the court decides that a minor has committed a delinquent act but does not make the minor a ward of the court, the minor is put on non-wardship probation under WIC 725(a). The minor stays home with their family under probation conditions for six months. Successful completion results in dismissed charges.

Wardship Probation 

The wardship probation allows the court to oversee the rehabilitation of the minor under WIC 725(b). The minor stays with their family, but the court imposes similar conditions for non-wardship probation. If the court thinks the minor will not be safe at home, the minor can be removed from the home.

Alternatively, the wardship probation under WIC 727 gives the court total control over monitoring the minor, which means the court does not monitor the minor’s compliance only. It will manage the rehabilitation of the minor.

On the other hand, wardship probation under WIC 602 applies to minors found to have violated the law. The court keeps control of the minor’s case until the minor turns 21. In probation involving the Division of Juvenile Justice, the court maintains jurisdiction until the minor turns 24. These forms of probation involve a lot of supervision. They are more rehabilitative than punitive.

They focus on providing education, counseling, and various community-based programs.

Deferred Entrance of Judgment Probation

Under WIC 790, a deferred entrance of judgment probation is available to first-time felony offenders who meet the specific eligibility requirements. The crime must not be a serious 707(b) offense, and the minor should not have had a wardship and not have been in a juvenile facility. If the juvenile completes probation, the charges will be dismissed, thus avoiding a conviction.

The Critical Role of Probation Officers in Juvenile Justice

Probation officers oversee all minors from when they first come into contact with law enforcement until they are rehabilitated and reintegrated. When a minor is arrested, probation officers become involved and assess whether the case can be diverted from court. They recommend corrective programs in the community or informal probation to intervene early and tackle issues before they escalate. They evaluate the offender's home life, education, mental health, and crime. 

As the case moves through the court, the probation officer becomes a key adviser to the judge by supplying reports. Whether to place the juvenile on probation, have them put out of home, or have them in a program for rehabilitation depends on their recommendations.

After probation has been imposed, probation officers take on many roles besides supervision. They act as mentors, case managers, and sometimes the only stable adult in a juvenile’s life. They ensure the juvenile does what the court orders, like going to school, going to therapy, going to community service, or following a curfew. They are active participants in the lives of the juveniles. They help them, help them connect with critical resources, and help them cope with being a teen already in trouble.

Probation officers when a child has trouble with probation terms or faces deteriorating conditions at home or school. They alter monitoring plans, suggest alternative living arrangements when needed, and help them with additional support services. Probation officers must exhibit authority and compassion because lasting change often depends on a juvenile’s family stability, drug use, or mental health problems.

Officers regularly submit progress reports to the court during probation. These updates can lead to early termination of juvenile supervision for those showing notable improvement or the application of stricter measures in case of setbacks. This continuous evaluation allows the juvenile justice system to be flexible and responsive to each minor’s changing needs.

After probation ends, officers often assist juveniles in sealing records and getting jobs or schools. They ensure that the youth get everything they need for a second chance after the end of probation.

How Probation Officers Address Drug and Alcohol Issues in Juvenile Offenders

Heavy use of alcohol and drugs amongst juveniles is a significant concern of the juvenile justice system. Probation officers work towards countering these delinquent behaviors. Immediately following the offense, the probation officer examines the underlying issue, not just the offense. Through interviews, looking at family and school records, and sometimes doing a drug test, the officers find out if drugs or alcohol have played a role in the juvenile's delinquent behavior.

As soon as an officer knows that the juvenile is using drugs, the officer recommends targeted interventions tailored to the juvenile's needs. Depending on how serious the issue is, this could include mandatory treatment programs, ranging from outpatient counseling to intensive inpatient treatment. Also, through education programs informing juveniles about the risks and consequences of drug abuse, the child's behavior is likely to change.

Probation officers do more than monitor compliance. They can supervise juveniles through random drug and alcohol testing to ensure compliance and deter future use. The officer checks in regularly to check on the youth’s progress and any problems that might happen and to ensure they follow the plan.

Probation officers help juveniles navigate the complexities of treatment, facilitating attendance at essential appointments and resolving logistical barriers like transportation. Probation officers work to connect juveniles with community resources, support groups, and further counseling to assist in long-term recovery.

When a relapse occurs or a juvenile does not comply, probation officers step in promptly and make alterations as needed. Probation officers may suggest more treatment or oversight and make recommendations regarding the juvenile’s home, school, or social area if it is thought that these factors are contributing.

Preventive strategies also play an important role in their work. They teach juvenile offenders about the risks of substances and seek to stop further use. Training that teaches life skills is also common. This training teaches juveniles to make better choices, deal with stress, and get by without drug and alcohol use. 

Moreover, probation officers involve families in the process and can sometimes recommend family counseling to address dynamics that contribute to or exacerbate use. This whole-person approach means that for a juvenile to be successful, the juvenile has to be involved, as well as the juvenile’s system.

Consequences of Violating Juvenile Probation

The juvenile justice system in California has different measures in place against a juvenile who violates their probation to ensure accountability without losing sight of the focus on rehabilitation as per the law. To bring the juvenile back on track, the court gives them a consequence. The purpose of these consequences is to have them obey court orders.

Some of the consequences the juvenile will be exposed to for violating probation include:

  • Increased supervision — Probation violations can result in an increase in the level of oversight a juvenile receives. The increased supervision in response to a probation violation could include more meetings with the probation officer, electronic monitoring, or more random drug and alcohol tests.
  • Additional programs or counseling — If the problem was caused because the juvenile was using drugs or had anger management issues, the juvenile court could order them to attend extra treatment programs or counseling. These efforts hope to get to the source of this interference and help them improve.
  • Extended probation — The court can extend the juvenile’s probation to allow him/her to comply with the court's orders. This type of supervision gives the juvenile additional chances to follow the court’s orders under closer supervision.
  • Community service — The courts could impose further community service hours based on the facts of the violation. This helps the juvenile make amends by giving back to the community.
  • Detention or placement — If violations are more serious or happen again, the court could order a short-term stay in the juvenile hall or a placement in a camp or group home for the juvenile. These placements are meant to provide a structured environment that encourages. 
  • Loss of privileges — When a juvenile violates their probation, the judge may order them to lose privileges like getting an earlier curfew, traveling, or even associating with people that could cause them to re-offend, like gangs or their old friends. This restricts the juvenile from further misconduct because they are under stricter limits.
  • Probation revocation — The situation will escalate if the court files a Welfare and Institutions Code (WOC) Section 777 Probation Revocation Petition. A probation officer (PO) or prosecuting attorney files the petition when they believe a juvenile has violated the conditions of their probation. The petition will outline the alleged probation violations and ask the court to revoke or modify the probation. 

A hearing will be held within 30 days after filing the petition. The standard of proof will be a preponderance of the evidence. If the court finds the allegations true, it could modify the probation terms, remove the juvenile from home, or, if grave, commit the juvenile to the Division of Juvenile Justice (DJJ) for rehabilitation. The juvenile has the right to request a hearing to challenge the allegations, which could prevent or minimize the impact of probation revocation.

  • Impact on future legal proceedings — A juvenile with a record of probation violations could find that their record can seriously affect future court proceedings. It may influence the future courts’ sentencing of the juvenile or additional conditions of probation. Their record may also affect whether or not their record can be sealed.
  • Loss of diversion opportunities — If juveniles are in diversion programs and engage in repeated probation violations, they could lose opportunities. So, the juvenile may begin to enter a more formalized and less lenient part of the juvenile justice system.

Find a Criminal Defense Attorney Near Me

Some children act out or commit offenses as they navigate the challenges of growing up or interact with negative influences. Making mistakes is part of their exploration of the world and should not define their entire future. All children deserve to learn, grow, and move forward with support and guidance. 

If your child is facing legal consequences, it is crucial to ensure their rights are protected and their potential for rehabilitation is prioritized. Contact attorneys at Monterey Criminal Attorney today at 831-574-1791 to help your child get the second chance they deserve and safeguard their future.