The Probation Officer: Responsibilities

October 17, 2011  |   Posted by :   |   Probation Officer   |   0 Comments

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

September 24, 2011  |   Posted by :   |   Parole   |   0 Comments

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

September 16, 2011  |   Posted by :   |   Emancipation   |   0 Comments

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

September 12, 2011  |   Posted by :   |   Marijuana   |   0 Comments

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?

September 01, 2011  |   Posted by :   |   De Facto Parent,Disposition Hearing,Juvenile Dependancy   |   0 Comments

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.