Having a child arrested and accused of committing a crime can be one of the most difficult and trying times for a parent. Most parents are not familiar with the criminal law process, particularly when it involves their own child. Hiring a qualified juvenile attorney to protect and fight for your child's rights is of utmost importance.

This first thing a parent needs to know is that juvenile crimes are handled in a very unique and different manner than adult cases. This is very important to understand when making a decision about hiring an attorney. Although many defense attorneys will gladly take on a juvenile case, a great majority do not have extensive experience or knowledge in this area of the law. You absolutely need to find an attorney that has devoted a large portion of his/her practice to juvenile law.

Stage 1: Investigation

Similar to any criminal case investigation, the police either respond to a complaint made by a "victim", or they witness what they believe to be a crime committed by a child. If the police believe that your child may have been involved, they will want to question him/her. In almost every single juvenile case, the child is more than willing to cooperate and tell their side of the story, whether that story is the truth or not. This, without fail, results in a disaster. Typically, the police will question your child outside of your presence, and often without your child's full understanding of what his/her legal rights are, or the consequences of their statements.

Stage 2: Arrest

After conducting their investigation, the police may arrest your child. If so, your child will either be booked and released back to your custody, or will remain in custody and taken to juvenile hall. This determination is made by a combination of factors, including the seriousness of the crime, your child's involvement, his/her family life and support, and the physical capacity of the juvenile hall to accept your child. If the child remains in after arrest, he/she will be brought in front of a judge within two days for a "detention hearing".

Stage 3: The Probation Interview

The probation department will set up an interview with you, the parents, and your child after the arrest. If your child is out of custody, you will receive a letter in the mail with an appointment date that "requires" your attendance before your child's first appearance in court. If in custody, the appointment will be shortly after the arrest, but before the detention hearing.

During the interview with your child, the probation officer will ask him/her about the incident. They will be armed with the benefit of a police report, and they will ask your child about his/her specific involvement in the crimes alleged. Additionally, they will ask your child about their family life and social history, school history/attendance/grades, prior drug/alcohol use, and prior criminal activities. Juveniles typically agree to discuss these issues with probation, and many times admit to their involvement in the crime (if they were, indeed, involved), as well as every single "bad" thing they have done in their entire life.

You, as parents, will be asked a similar line of questioning as your child. Parents, without knowing the dire consequences of their statements, typically take this opportunity to complain and vent about everything their child has done wrong over the past few years. Usually this involves how disrespectful your child is at home, how he/she doesn't listen, doesn't obey rules, has experimented with drugs/alcohol, or has poor performance in school.

All of the statements made to probation are then published in a report. A copy of this report is given to the judge, the prosecutor, and the defense attorney. This report has a dramatic influence on what happens to your child's case, from start to finish. It can be the basis for continued detention of an in-custody child, or their release back to you. The report will absolutely be used to influence the ultimate outcome/resolution of your child's case.

Stage 4: Arraignment/Detention Hearing

This is the first court appearance on your child's case. At least one parent is ordered to attend.

If your child is in custody, this is the date in which the judge will decide whether or not to keep him/her detained, or released back to you. The seriousness of the offense alleged, the probation report, and oral argument by the district attorney and defense counsel will all be considered.

On this date, your child will be advised of the charges against him, and your attorney will typically enter a denial of the allegations and set future court hearing dates. Your attorney will get a copy of the initial "discovery" on the case, which includes the probation report and police reports filed with the District Attorney.

Stage 5: Pre-Trial

Similar to in an adult criminal case, this is usually the first stage of negotiations between the defense attorney and the prosecutor (called the "petitioner" in juvenile cases). The two attorneys will talk about the facts of the case, mitigating and aggravating factors, your child's social history, etc. The probation department and the judge are oftentimes involved in these conversations as well.

If an appropriate resolution of the case is agreed upon by all parties, then your child may decide to admit to the allegations and accept the bargained for agreement. The outcome of your child's case will vary based upon all of the aforementioned factors, including the crime committed, your child's involvement, his/her social history, etc.

If an agreement about resolving the case cannot be reached, or your child did not commit the crime alleged, then the case proceeds to trial.

Stage 6: Trial

Your child has a "speedy trial" right to be tried within 15 court working days if in custody, or 30 calendar days if out of custody. Your child, under current law, does not have the right to a trial by jury in California (unless the case is serious enough that it is elevated to adult court). Instead, your child has the right to have his/her trial in front of a judge. The judge, instead of a jury, listens to the evidence presented at trial, and decides whether the petitioner has proven the case beyond a reasonable doubt.

If the judge believes that petitioner has met their burden of proof, your child usually becomes a "ward" of the juvenile court and can be placed into custody, given a work program commitment, community service, or various other types of sanctions. Typically, your child is also placed on formal probation, is required to report to a probation officer, and must comply with certain terms and conditions of probation. If your child does not comply, his/her probation can be revoked and he/she can be further sanctioned for non-compliance.

If the case is not proven beyond a reasonable doubt, your child is acquitted. The District Attorney can no longer prosecute your child for the crime alleged to have occurred.

Sealing Your Child's Juvenile Record:

Once all court sanctions are complete, your child should hire an attorney to assist in "sealing" his/her record. While a juvenile "adjudication" is not considered a criminal conviction, it is still important to seal your child's record because it will help preclude future employers from finding out about the mistakes one makes while still a juvenile. Your child can legally say he/she has not been convicted of any criminal offense, and it will make your child's future that much easier.

ADVICE TO PARENTS:

Police Interrogation:

If your child is under investigation by the police, it is time to contact an attorney. As we all know, children often times are poor decision-makers, and may tell the police (or any authoritative figure) a variety of things, some true, some false, believing that they are helping themselves avoid trouble. This is, quite frankly, a bad idea. The best thing your child can do is not discuss any matter with the police without an attorney present, regardless of his/her guilt or innocence.

Any statements given to the police by you or your child are in furtherance of a prosecution, and there should be no mistake about this concept. Even if you believe that your child is "guilty" of the crime and learning a deserved hard lesson, do not believe anyone that tells you, "Don't worry, it will just be a slap on the wrist". You will soon find that this was not accurate advice.

Your child has the right to an attorney, to remain silent, to have a parent present during questioning, or to discuss the case with the police if they so choose. However, these issues should only be decided with the assistance of a qualified juvenile attorney.

Probation Interview:

The same principle stated above holds true during an interview with the probation department. Remember, as discussed above, any statements made by you or your child to probation will be used throughout the juvenile proceeding against your child. Complaints about your child's behavior at home, at school, about your child's drug/alcohol use, prior criminal activity, etc., will all be used during the negotiation of your child's case.

You need a qualified juvenile attorney to assist guiding you and your child through this complex process. An attorney should be contacted prior to any discussions with the police or probation, irrespective of the guilt or innocence of your child. The issue is not culpability, the issue is being advised of your child's rights, what consequences him/her is facing, and what the appropriate steps are to take in order to help your child avoid making a bad situation worse. Again, do not fall into the trap of believing that your child is "getting what he/she deserves". You will later learn that this is often times just not the case. Once the bell has been rung, it's frequently too late.

Costs of the Juvenile Adjudication Process:

Once your child appears in court, he/she will be appointed an attorney from the Public Defender's Office. The court will not allow your child to go through the proceedings unrepresented. Although this appears to be a "free" lawyer service, it is not. The county will bill you per appearance for their services.

If your child is in custody, you also will be billed by the county for each and every day spent in juvenile hall. If he/she becomes a ward of the court and placed on probation, you will be billed for the costs of probation supervision, including drug/alcohol testing, counseling, etc.

Not hiring an attorney can be a costly mistake.

Hiring a Qualified Juvenile Attorney:

Mr. Hogle is an experienced juvenile attorney. Mr. Hogle is a former Public Defender who was assigned to juvenile court during 2007-2008. He handled the gamut of juvenile cases while assigned at the Lamoreaux Justice Center in Orange County, and now continues to do so in private practice. His experience in juvenile court includes virtually every charge imaginable including gang cases, gun cases, drug sales/possession, crimes of violence, robberies, vandalism, driving under the influence, etc. Mr. Hogle was awarded the Orange County Public Defender Juvenile Court Litigator of the Month in 2007 for his tenacity at trial and for excellence in representing the rights of his juvenile clients.

Contact Mr. Hogle if you suspect your child is under investigation for a crime, or has been arrested. Do not discuss anything with the police or probation before hiring an attorney.