Juvenile law governs any person under the age of 18. It is governed by the Welfare and Institutions Code Section 602.
Juvenile law is completely separate from adult criminal law. In adult law, the goal is to penalize or punish the offender. Under juvenile law, the goal is to rehabilitate the minor.
The Law Offices of Stull & Stull has the utmost experience and expertise in juvenile law. Attorney Adam Stull previously acted as a juvenile prosecutor and handled nearly type of juvenile case in existence, including but not limited to murder, arson, burglary, theft, sex offences and driving under the influence cases etc. We are very familiar with the restricted nuances involved in juvenile law cases.
Juvenile law cases generally start out by a probation department preparing paperwork, which is then forwarded to the District Attorney’s office. In appearances in a juvenile law case, the accused or convicted person is not referred to as a “defendant”, but rather as a “minor”. Minors are not given bail. The initial hearing in this type of case is called a “detention hearing” – in a detention hearing, the court decides whether the minor should remain in juvenile hall or be confined to his or her home, under the supervision with a parent or guardian. The court decides this by looking at the crime, the minor’s criminal history (if any) and the probation department’s recommendations.
A firm familiarity of how the probation department, district attorneys and judges may react, recommend or rule in juvenile cases gives the Law Offices of Stull & Stull the experienced advantage of being able to respond appropriately, as well as to propose lawful alternatives to juvenile penalties or sentences; which can otherwise end up being unnecessarily harsh or unjust.
Many times, if the case is not considered “serious” (where there are no major injuries or considerable loss of property), our firm has been able to negotiate a “654”, which is similar to a diversion. If such a negotiation can be agreed upon, a minor may simply be sentenced to perform 80 hours of community service work and be ordered to stay out of trouble for a specified period of time, and the court can then opt to dismiss the case.
In juvenile court, if the case ends up proceeding to trial, the trial outcome is not decided by a jury, but in front of a judge only.
When juveniles are given sentences, they typically get community service, juvenile hall, juvenile camp (which is similar to a mini jail) and the worst offenders can be subject to being confined in a “CYA” or California Youth Authority facility.
At the end of a juvenile case, the Law Offices of Stull & Stull can assist in sealing a juvenile record. Once the record is sealed, the record will no longer be made available to any potential employer, company or institution (including colleges), thus avoiding any adversity that an open record could cause.
Please keep in mind that if any peace officer comes to question any minor regarding any accusation or case, that you may assert your parental or guardian rights and remain present during any such questioning. This right is similar to the right of an adult exercising his or her right to have an attorney present. Either way, you should not give any statement unless you do have an attorney’s advice or presence.
If you have or know a minor who has been accused or involved in a juvenile offense, please contact our offices immediately so we may educate you and discuss available options for the minor.
Our initial consultations in juvenile cases are free and confidential.
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