Juvenile Court
Minors, persons under the age of eighteen (18), generally are entitled to adjudication of any criminal matter under California’s Welfare and Institutions code dealing with Delinquents and Wards of the Juvenile Court.
Despite the fact that juvenile law in California has become more punitive over the years, the primary focus, particularly for first time offenders, remains rehabilitation and not punishment. For instance, most first time offenders are eligible for informal probation under Welfare and Institutions §654 et. seq. and 725. These sections provide for a program of supervision, counseling and education services for a period of six (6) months without the filing of a formal complaint, or the dismissal of an existing complaint, and avoid a finding of wardship for the minor. These programs often include a requirement that the minor participate in community service, such as raking up leaves in the park, and educations programs on the costs f theft to society or the dangers of setting fires. Upon the expiration of six (6) months, assuming the program has been completed and there are no new violations, the matter is dismissed and no permanent record is ever recorded.
If the criminal conduct is of a more serious nature, the term of informal supervision may be extended to a year under Welfare and Institutions §654.2. If the charge involves what is considered to be a serious felony or drug offense involving sales, or possession for sale, the judge may still grant informal probation if he makes a finding that it is in the interest of justice to do so under Welfare and Institutions §654.3.
Even when the minor has more than one criminal offense, he may still be eligible for informal probation or Deferred Entry of Judgment under Welfare and Institutions §790 et. seq. This provision provides for a treatment program lasting between eighteen (18) months and three (3) years for matters involving certain felony offenses. Though the supervision program is longer and more intensive than informal probation, it offers the same ultimate benefit, no permanent record upon the successful completion of the program.
The proper practice of juvenile law may best be described as a specialty within another field of law. A juvenile court practitioner must not only be an expert on criminal law contained within the Penal Code, but also an expert on delinquency law under the Welfare and Institutions Code. At Dunn & Sanderson we are particularly well qualified in this area as attorney Philip R. Dunn was previously the calendar deputy for the Ventura County Public Defenders Office assigned to the juvenile court and attorney Mandee Sanderson is a court appointed child advocate in Juvenile Dependency Court. Our extensive experience in this area and the specialized training that comes with it, gives us not only the essential knowledge needed for a successful outcome, but also familiarity with the processes and most significantly the people charged with administering juvenile justice. Familiarity with the prosecutors, probation officers and even the judges can sometimes make all the difference in achieving a disposition that keeps a juvenile from becoming a ward of the court and having a permanent criminal record.
