What to expect when your child is arrested:
Note* The following is in accordance with the California Judicial System. Thus, information may vary from state to state. The information provided in this section is for educational purposes only and should not be taken as formal legal advice.
When the minor is arrested, the police may:
- During the notice to appear, you and your child will meet with a probation officer who may:
1. Lecture the child and release her/him.
2. Allow the child to attend voluntary programs (instead of going to court), which may include special classes, counseling,
community
service, or other activities. A contract will be signed and can require up to 6 months of commitment. If the child finishes the
program, no court will be necessary.
3. Allow the child to go home but send her/his case to the district attorney who will then decide whether or not the child needs
to attend court (by filing a petition). If a petition is filed in court, the child will be processed as a juvenile in the juvenile
delinquency court.
4. Require the child to remain “locked up” and send the case to the district attorney who will then file a petition (typically
within two days of the child’s arrest). The child will have a detention hearing the next day that the court is open.
Once a child is arrested, the court can decide the following:
Being tried as a minor:
Being tried as an adult:
o A child who is 14 years old or older can be tried as an adult in adult court for serious crimes, including: murder/attempted murder, arson to buildings with people in it, robbery with a weapon, rape, kidnapping, carjacking, crimes with guns, drug crimes, and/or escaping from a juvenile detention facility.
o The child can be sent to an adult prison if (s)he is being tried as an adult, but will remain at the DJJ until (s)he is at least 16 years of age.
Your Child’s Rights:
o Anything (s)he says will be used against her/him in the court of law
o The right to a lawyer who is effective and prepared and if you or your child cannot pay for one, the court will appoint one
to you. If you do not have a lawyer, it is suggested that you (the parent) speak to the public defender or another lawyer for
advice.
Your Parental Rights & Responsibilities:
Note* The following is in accordance with the California Judicial System. Thus, information may vary from state to state. The information provided in this section is for educational purposes only and should not be taken as formal legal advice.
When the minor is arrested, the police may:
- Make a record of the arrest and release the child to go home.
- Send the child to a shelter.
- “Cite back” – when a child is required to go back to the police station with the police.
- Provide you (the parent/guardian) and the child a Notice to Appear, to which you are required to follow its instructions.
- During the notice to appear, you and your child will meet with a probation officer who may:
1. Lecture the child and release her/him.
2. Allow the child to attend voluntary programs (instead of going to court), which may include special classes, counseling,
community
service, or other activities. A contract will be signed and can require up to 6 months of commitment. If the child finishes the
program, no court will be necessary.
3. Allow the child to go home but send her/his case to the district attorney who will then decide whether or not the child needs
to attend court (by filing a petition). If a petition is filed in court, the child will be processed as a juvenile in the juvenile
delinquency court.
4. Require the child to remain “locked up” and send the case to the district attorney who will then file a petition (typically
within two days of the child’s arrest). The child will have a detention hearing the next day that the court is open.
- Place the child in “detention” – when the child is placed in juvenile hall. The child can make at least two phone calls, one of which must be to a parent, guardian, relative, or boss, within the first hour of being arrested. The second phone call must be to a lawyer.
Once a child is arrested, the court can decide the following:
- Whether or not the child will live with you under court supervision.
- Whether or not the child will be put on probation (the child may be required to live at home, at a group home, with a relative, in an institution, or at a probation camp/ranch).
- Whether or not the child will be tried as a minor and sent to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), OR, tried as an adult and sent to the Department of Corrections and Rehabilitation, Division of Adult Operations (CDCR).
Being tried as a minor:
- If the child is sent to DJJ, (s)he may be required to stay at the “reception center” for 30 to 90 days. Here, the child will be assessed for educational and treatment needs and will then be sent to a correctional facility/youth camp.
- The Delinquency Court intends to improve the welfare of the child, address the needs and concerns of the victim(s), and protect the safety of the community.
- At the child's court hearing, the judge will ask the child questions confirming his/her competency to understand why (s)he is in court and the circumstances of his/her case. The judge will then ask the child if (s)he admits to the allegations charged against him/her. If the child admits to the allegations, the judge will choose one of various options (see the above court decision section). If the child denies the allegations, the judge will accept the denial and set a trial for a future date. Prior to this date, the child and his/her lawyer can prepare evidence and subpoena witnesses.
Being tried as an adult:
o A child who is 14 years old or older can be tried as an adult in adult court for serious crimes, including: murder/attempted murder, arson to buildings with people in it, robbery with a weapon, rape, kidnapping, carjacking, crimes with guns, drug crimes, and/or escaping from a juvenile detention facility.
o The child can be sent to an adult prison if (s)he is being tried as an adult, but will remain at the DJJ until (s)he is at least 16 years of age.
Your Child’s Rights:
- The child has legal rights (Miranda rights) which include:
o Anything (s)he says will be used against her/him in the court of law
o The right to a lawyer who is effective and prepared and if you or your child cannot pay for one, the court will appoint one
to you. If you do not have a lawyer, it is suggested that you (the parent) speak to the public defender or another lawyer for
advice.
Your Parental Rights & Responsibilities:
- The police are required to tell you as soon as your child is arrested and/or locked up.
- You have the right to know where your child is and what rights (s)he has.
- You may also have financial responsibilities to any damage caused by your child, including restitution fees, your child’s lawyer, juvenile hall services, and DJJ/CDCR fees.
- It is important that YOU make a dedicated effort to appear at your child's court appearances.
- Ensure that your child appears in court on the dates required if the child is released to you after his/her arrest.