What happens if your child is charged with a crime? How is juvenile court different from ordinary court? Juvenile Court is governed by the Welfare and Institutions Code, Division Two, starting with Section 100.
For the most part, the criminal law is the same. There are some acts that are against the law only for minors, such as those involving alcohol, but for the most part, the same behavior is prohibited, regardless of age. Criminal Procedure is pretty much the same, except when it comes to the idea of open court or public trial. Whereas adult court is open to the public, Juvenile Court takes place behind closed doors in the presence of the parent(s) or guardian(s), the lawyers, the judge, the court staff and nobody else. Juvenile records are handled differently as well, with strict privacy protections. And most significantly, juvenile sentencing is more lenient, especially in serious cases. However, juveniles may face stiffer consequences when it comes to their driving privileges.
But make no mistake, juveniles may accumulate what are called "felony strike priors" which can be used against them as sentencing enhancements later, even many years later, to turn a minor felony into a three strikes case. For instance, a kid who sneaks into somebody's house could be convicted of residential burglary, a serious felony; strike one (called a "strike prior"). He later gets into a fight in school, and pokes somebody with a pencil. He gets convicted of assault with a deadly weapon, a violent felony; strike two. Then he gets convicted of cheating on the drivers license test, a felony; strike three. He could get 25 years to life imprisonment for the third strike.
The criminal defense lawyer has many opportunities in juvenile cases to make a better deal than would be available in adult court, if there is a deal to be made. For instance, a potential "strike prior" could be bargained down to something less serious. Or when a basically good kid finds himself / herself in juvenile court for the first time, there may be a way to avoid either trial or a conviction in some cases.
If you have any questions, please call Mr. Varga.