Orange County Juvenile Dependency Lawyers California

The Probation Officer: Responsibilities

Bettina Yanez — Tue, 18 Oct 2011 00:03:18 +0000

One of the probation officer’s job is to evaluate your child and write up a report about them that the judge will then use/review for the court case. This report will be handed to the judge at the disposition hearing. This report will contain:

-If the probation officer considers your child to be guilty or not of the crime
-A detailed copy of your child’s arrest record
-Information about the crime and how your child participated
-Statements from the child, family, close family friends etc
-Your child’s school records
-Statements from the victim

Another duty of the probation officer is to enforce the court’s orders. Therefore your child will be observed by the officer and make sure he is obeying the law and the orders of his probation. They will meet with your child from once a month up to a few times a week depending on the situation and the crime that was committed. The probation officer will also attempt to get your child more involved with community activities and school programs, including job training if they are old enough.

Should the judge decide that it’s better for the child to live away from home, the probation officer will be the one to fine a suitable place for your child to live, whether it be with family, close family friends or in a group home or institution. If your child is put in a group home or probation camp, or is sent to the California Department of the Corrections and Rehabilitation, Division of Juvenile Justice, you must:

-Ask the probation officer about how to get in contact with your child. It’s important to stay in touch with your child
-Be encouraging and supportive of his/her progress int he program
-Be empathetic to your child’s situation. Try to understand how difficult these times are for your child
-Create a safe and supportive home for when your child returns home
-Teach your child to be responsible for their behaviour

Division of Juvenile Justice: Parole

Bettina Yanez — Sat, 24 Sep 2011 20:13:30 +0000

To be eligible for parole, the juvenile in the Division of Juvenile Justice must successfully finish all their program goals. In the month that the juvenile is scheduled to meet with the Juvenile Parole Board at a Parole Consideration Hearing, the youth can be recommended for parole and will have a meeting with the parole board to sit and discuss their rehab and progress. This board can also revoke a youth’s parole status if they find that the juvenile has not successfully completed their programs or if they have broken one of the conditions of their parole.

It is the role of this board to determine whether the juvenile is ready to be paroled and will most likely order certain conditions of their release. Some of these things may be to keep in regular contact with their parole officer, submit to searches and not leaving the State of California without the courts permission. Other stipulation to their release might be ordered according to the special needs of that juvenile such as an obligation to go to substance abuse treatments, testing for substance abuse and going to school.

Often juveniles who are sent to the Division of Juvenile Justice are released when their sentences is up or they must leave to serve out the rest of their sentence in an adult facility.

Emancipation

Bettina Yanez — Sat, 17 Sep 2011 03:21:45 +0000

To become emancipated means for a minor (a child under the age of 18) to become an adult under the eyes of the law. As an adult, the minor will no longer be under the control of his/her parents but the minor won’t be financially supported by them either. Emancipation is forever unless it is discovered that the minor acquired the title by falsifying information or lying to the court, or if the minor is unable to support themselves any longer.

Even if a child becomes emancipated, they must still attend school, get permission from their parents or the court to get married or enter a domestic partnership, and they must still go to juvenile court if he/she breaks the law.

Once a child is emancipated, a minor can:

-Live where they like,
-Get medical care,
-Get work permits,
-Apply for school.

There are currently three ways to get emancipated:

-By joining the armed forces,
-By getting married, or
-By getting a declaration of emancipation from a judge.

Marijuana Possession

Bettina Yanez — Mon, 12 Sep 2011 23:04:51 +0000

Currently under the laws of the State of California, if you are convicted of possessing marijuana for personal use only, you do not necessarily need to get a dismissal for the crime. Under California Health and Safety codes, all personal-use marijuana convictions are erased from your records after two years if convicted after January 1st, 1976. However this does not affect anything but possession charges so any growing, sales, and transportation convictions will remain on your record.

If your child one has found his or herself in trouble with the law due to drugs, please contact the juvenile defense attorneys in Orange County in order to discuss your child’s legal matters.

What is a De Facto Parent?

Bettina Yanez — Fri, 02 Sep 2011 01:54:23 +0000

A de facto parent is someone who:

-Cares for a child everyday who is a dependent of the juvenile court,
-Has been acting as the child’s parent,
-Is taking care of all the child’s basic needs for food, shelter, affection, clothing and care.

If you decide to become a de facto parent to a child you have the right to be present al the child’s juvenile dependency hearings, hire a lawyer, present evidence and cross-examine witnesses, and to participate at disposition hearings.

If you need help with juvenile defense issues, please contact a juvenile defense attorney.

Juvenile Disposition Hearing

Bettina Yanez — Thu, 25 Aug 2011 01:44:05 +0000

At a juvenile disposition hearing the judge can order one of several things. They are:

-Your child may be ordered to stay home with you under strict supervision for up to 6 months, either formal supervision or probation supervision
-Your child might be placed on probation and must live with a relative, in an institution, in a group home with other troubled minors or sent to a probation camp/ranch
-Your child may be sent to the Juvenile Justice Division of the Department of Corrections and Rehabilitation

Foster parents and Caregivers: Testifying in Court

Bettina Yanez — Sat, 13 Aug 2011 17:27:24 +0000

If you are a foster parent or a caregiver, you may be called upon to testify in court on as a witness in juvenile dependency hearings. On of the lawyers involved in the case will contact you to let you know that you may be requested to answer some questions on the stand, in some cases you may receive a subpoena which will have all the important information about when and where to appear for the court hearing.

Once you have taken the oath on the stand in court, you will be required to answer questions given by one or both of the attorneys relating to the case at hand. The following are some tips to testifying in court:

-Always tell the truth. You are under oath and may be charged with perjury if found to be lying.
-Enter the court room organized and well prepared
-Dress professionally
-Show respect
-Speak clearly and calmly, even if you are criticized or if your facts are challenged
-Be serious but polite at all times
-Listen carefully to each question, let the attorney finish each question before answering, and think before you answer
-You make ask the attorney to rephrase the question if you do not understand
-Give straight forward, concise and complete answers
-You may offer an explanation to your answer if you think it’s necessary
-Wait for the judge to make his ruling before you speak if an objection is made
-Use language you are comfortable with, for example do not try to use words you do not understand.

Juvenile Court in Orange County

Bettina Yanez — Sat, 30 Jul 2011 01:18:13 +0000

The juvenile court is part of the superior court and there are three types of cases they deal with: Juvenile Delinquency cases, Juvenile Status Offense cases, and Juvenile Dependency cases.

Juvenile Delinquency cases involve minors that commit crimes that would be considered illegal even if they were adults.

Juvenile Status Offenses cases involve a minor that commit offenses that are only illeagel because they are children such as running away, not going to school or disobeying their parents.

Juvenile Dependency (Abuse and Neglect) cases occur when there may be abuse or neglect in the home. The juvenile court’s job is to protect the children in the family.

What hearings will my child have in juvenile court in Orange County, California?

Bettina Yanez — Thu, 21 Jul 2011 22:54:02 +0000

There are 7 types of hearings in juvenile court:

Detention Hearing
If your child is locked up for more than 2 days, he or she will have a detention hearing within 3 court days. (A court day is a day the court is open.) The judge will decide if your child can go home before the next hearing.

The Pretrial or Settlement Conference
In many counties, there is a court date to try to solve the problem without a trial.

Hearings on Motions
These are court dates to work out different things. Motion hearings can come up any time during the case.

Fitness or Waiver Hearing
This is a type of hearing that decides whether your child will be tried in adult court or juvenile court. If the judge decides that your child is “unfit” for juvenile court, he/she will be tried as an adult. This won’t happen if your child is under 14.

Jurisdiction Hearing
This is the hearing when the judge will decide whether or not your child committed the crime he/she is being accused of.

Disposition Hearing
This hearing is to decide how your child will be punished for the crime he/she has committed. This verdict may be announced on the same day as the jurisdiction hearing. If the judge has ruled that your child did not committed the crime, then there will be now disposition hearing.

Review Hearings
Occasionally, there will be hearings to review your child’s progress.

Trying Minors in Adult Court in Orange County, California

Bettina Yanez — Sun, 17 Jul 2011 13:55:23 +0000

Occasionally a child can be tried as an adult, even if their previous records are sealed because the three-stirkes law says that most serious and violent crimes that are committed by minors can count against them in the future.

A child who is 14 years old can be tried in adult court for some serious crimes.

Here are some examples of some serious crimes that will count as strikes against a minor:

-Murder and attempted murder,
-Setting fire to a building with people in it,
-Robbery with a weapon,
-Rape,
-Kidnapping or carjacking,
-Crimes with guns,
-Drug crimes, and
-Escaping from a juvenile detention facility.

There are big differences between juvenile court and adult court. If your child as an adult, he/she can be sent to adult prison (CDCR). If your child is tried in adult court, talk to a lawyer.

Even if your child is sentenced to adult prison, he/she will stay at the Division of Juvenile Justice (DJJ) until he/she is at least 16.

If your child is at least 16, the judge can send him/her directly to adult prison but the judge may let him/her complete their entire sentence in DJJ if your child’s sentence ends before he/she turns 21. If the sentence is longer, your child will go to the CDCR on his/her 18th birthday.