A criminal conviction can profoundly affect your child’s future and self-esteem. A qualified Riverside juvenile defense attorney can help to minimize the impact on your child’s life. The Greenberg, Greenberg & Kenyon law firm provides compassionate legal advice and aggressive representation with extensive experience in San Bernardino & Riverside juvenile law.
Riverside Juvenile Defense Attorneys
We practice in all juvenile courts of Riverside, San Bernardino, Los Angeles, and Orange Counties. Contact our child criminal defense lawyers for a free consultation to discuss how we can limit the consequences of an arrest.
Types of Juvenile Criminal Charges
We provide juvenile defense for all misdemeanor and felony offenses, including:
- Marijuana possession—A juvenile under the age of 18 who violates the criminal marijuana statute more than once by possessing less than 28.5 grams of cannabis will receive six hours of counseling and up to 20 hours of community service.
- Other drug possession charges—A minor in California found to have a controlled substance could face a warning (depending on the circumstances), some type of probation, and/or a drug education program.
- Assault and battery—If a minor has been involved in a fight, they could be charged with assault, battery, or both and will be required to attend juvenile court. Both assault and battery can be charged as misdemeanors or felonies, depending on the severity of the injuries and whether a weapon was used.
- Breaking and entering/burglary—A juvenile who breaks into another’s home, with or without the intent to steal from that person could be charged with breaking and entering or burglary.
- Trespassing can include a juvenile being in a place where they are asked to leave, yet they refuse.
- Disorderly conduct is a common juvenile charge, especially now that there are police officers on school campuses. When a juvenile acts out or shows disrespect for authority, he or she could be charged with disorderly conduct.
- Vandalism penalties can include fines, probation, or restitution to the person whose property was harmed by the vandalism.
- Domestic violence could be charged when a juvenile is married or living with a girlfriend or boyfriend, and there is an altercation. Following an arrest, there will be a detention hearing where a judge will determine whether the minor should be held in custody during the legal proceedings.
- Shoplifting and other theft by a juvenile in the state could result in formal probation with a probation officer overseeing their progress, or informal probation where they must meet probation requirements.
- Crimes in school (vandalism, assault)—One of the most common juvenile crimes involves property crimes committed at school. This includes a wide variety of theft crimes as well as vandalism, under California Penal Code Section 594.
- Juvenile sex crimes—Any juvenile who is at least 14 years old and has been convicted of rape, sodomy, or another felony sex offense or a misdemeanor sex offense like lewd and lascivious acts with a minor is eligible for registration as a sex offender.
- Underage drinking is typically a misdemeanor offense and can result in fines, community service, and diversion programs.
- Driving under the influence of alcohol—California has a zero-tolerance policy for juveniles who are caught drinking and driving. If the juvenile’s BAC is above the 0.08 percent legal limit, he or she could face similar charges as those who are over 21. Juveniles with a BAC below the legal limit could have their driver’s license suspended or delayed.
- Weapons offenses—California Penal Code 29820 prohibits violent offenders or drug offenders who are adjudged wards of juvenile court from possession of a firearm until they turn 30. Wrongful possession before age 30 can be a misdemeanor or felony, punishable by up to three years in prison.
JUVENILE COURT AND BEING TRIED AS AN ADULT
For most offenses, a youth under the age of 18 will be tried in Juvenile Court. For certain violent crimes or high-level felonies, a hearing is held on whether the juvenile will be tried as an adult.
On conviction in Juvenile Court, the child may be incarcerated in Juvenile Hall, sentenced to a “boot camp” or treatment program, or released to the custody of parents or imprisonment in the Division of Juvenile Justice. Sentencing depends on the nature of the crime, criminal history, and other factors considered by the judge.
Juvenile trials are rare. We make every effort to get charges dismissed, by challenging physical evidence, witness statements, and violations of the juvenile’s rights in traffic stops, arrest, search and seizure, or police interrogation. We are also skilled at negotiating a plea to lesser charges that avoid Juvenile Hall detention. For first offenses and many other cases, we can plea bargain for probation, restitution, fines, community service, or even a complete dismissal. Later, we can petition the Juvenile Court to have records sealed or expunged to avoid implications for employment or college applications.
Do Juvenile Crimes Stay on Your Record?
As you might imagine, having a criminal offense on one’s record can make it difficult to move forward in life. It can be difficult to obtain employment, get accepted into college or trade school, or rent a home when criminal offenses can be viewed by others. Sealing California juvenile records takes between 8-10 months, with a petition filed in the county where the juvenile proceedings took place.
Many people believe juvenile records are automatically sealed, but this is not the case unless a judicial order to seal and destroy is obtained. A juvenile record can only be sealed if the juvenile is 18 or older, five years have passed since the termination of the juvenile court jurisdiction, there have been no felony convictions or misdemeanors involving moral turpitude as an adult, and the juvenile was not convicted in juvenile court of murder, torture, or robbery after he or she turned 14. Sealing a juvenile record will prevent employers, lenders, state licensing agencies, landlords, and school officials from accessing juvenile records.
How Long Can Juvenile Crimes Stay on Your Record?
After your record has been legally sealed, will it be destroyed? Following the juvenile record being sealed, the court will only retain the record under extraordinary circumstances.
Can a Juvenile Be Charged as an Adult?
Trying a juvenile as an adult in the state of California is rare, but it does happen. A juvenile who is 16 or 17 years old could potentially be tried as an adult, depending on the charges. The prosecutor will file for a fitness hearing which is meant to determine whether the juvenile is “fit” for juvenile court. If the answer to that question is “no,” the juvenile will be tried as an adult. The criteria to determine a juvenile’s fitness for juvenile court include:
- What level of criminal “sophistication” was implemented to carry out the crime
- Whether rehabilitation is likely before the sentence of juvenile camp or juvenile detention is over
- Any history of delinquency
- Prior success in rehabilitation efforts
- The seriousness of the crime being charged
Some circumstances that could result in a juvenile being tried as an adult include:
- The commission of a premeditated aggravated offense warrants an automatic trial as an adult.
- A juvenile that is at least 16 years old and is accused of a felony offense
- The juvenile was a previous ward of the court and is accused of committing a felony
- Two prior felony offenses have been committed by the juvenile when he or she was over the age of 16
- The juvenile committed any offense under the California Welfare & Institution Code
A finding that a juvenile is unfit for juvenile court can be appealed through a writ petition, which must be filed within 20 days from the arraignment. A minor tried as an adult cannot face the death penalty and cannot be sentenced to life without parole unless the offense is homicide.
Why You Need an Experienced Juvenile Defense Attorney Near You
If your child has been charged with a juvenile crime, you must speak to a knowledgeable Riverside juvenile defense attorney from Greenberg, Greenberg, & Kenyon as quickly as possible. Juvenile crimes can put a halt to your child’s plans for the future. Having a strong attorney who has significant experience with juvenile law in the state of California can make a difference in the outcome of your child’s charges.
Contact A Riverside Juvenile Defense Attorney Today!
We Offer More than 50 Years of Experience in The Criminal Justice System. Our Riverside Juvenile Defense Attorneys Are Also Former District Attorneys Who Know how To Gauge the Strength of The Prosecution’s Case and Strike the Best Deal with The Least Consequences for Your Child. This Is a Time when You Must Be Decisive in Choosing an Attorney to Protect Your Child from The Consequences of A Juvenile Criminal Offense. Contact Greenberg, Greenberg & Kenyon today for A Free Juvenile Defense Consultation. You Can Reach Us 24-Hours a Day at (951) 382-0493.