Santa Rosa Juvenile Law Attorney
PLEASE SEE OUR BLOG RELATING TO PROP 57 JUVENILE CRIMES – CLICK HERE
PLEASE SEE OUR BLOG RELATING TO WHAT SETS FIUMARA & MILLIGAN LAW APART FROM OTHER FIRMS RELATING TO JUVENILE CRIMES- CLICK HERE
If your son or daughter has been arrested and detained in juvenile hall in Sonoma County, Marin County or anywhere in the North Bay, you will need to consult an attorney who has substantial experience in defending juvenile cases.
Differences Between Adult and Juvenile Justice
The adult and juvenile justice systems are fundamentally different in their philosophy toward criminal offenses. The adult system seeks to determine the guilt and innocence of an accused person and then punish that person if he or she is guilty. The juvenile justice system seeks to determine whether the juvenile has committed the offense, but does not seek to punish the juvenile offender, but, instead, to rehabilitate and reform the offender. In determining guilt or innocence, the adult accused is constitutionally entitled to a jury trial whereas the juvenile accused is not constitutionally entitled to a jury trial, but, instead, must submit to the judgment of the court.
What You Must Do When Your Child is Detained in Juvenile Custody
If your son or daughter is detained in juvenile custody, you must take immediate steps to retain an experienced juvenile defense attorney. Most courts will not release a juvenile accused of a violent or serious crime unless the court receives a psychological evaluation of the child that convinces the court that the child is not a danger to himself or others. An experienced juvenile defense attorney will engage the services of a licensed psychologist or psychiatrist to perform a psychological evaluation on your child in an effort to show the court that your child would not be a danger to himself or others if the child is released to your custody and supervision.
THIS FIRST STEP IS ABSOLUTELY IMPERATIVE IF YOU WANT TO CONVINCE THE COURT TO RELEASE YOUR SON OR DAUGHTER TO YOUR CUSTODY!
What Defense Strategies Will be Prepared to Defend Your Child?
Your attorney will probably engage the services of a professional investigator in cases where important defense witnesses need to be interviewed. The attorney will also want to employ certain forensic experts in certain cases involving special expertise. A good investigation is necessary to prepare a good defense. Your attorney will often be able to persuade the District Attorney to reject or dismiss a case if the attorney’s investigators have obtained crucial evidence favorable to your child’s defense. Acting expeditiously in this regard can make a monumental difference in the outcome of your child’s case.
Plea Bargaining in the Juvenile Justice System
In Adult criminal cases, a defense attorney will negotiate a plea bargain with a prosecutor on behalf of his client where the client’s defense is not strong enough to successfully contest the charges against the client. In such cases, the client pleads guilty to some charges in exchange for the dismissal of the other charges. Then, the adult client is sentenced upon the charges he or she is convicted of.
In juvenile cases, the approach toward resolving an uncontested case is radically different. Because juvenile justice is geared toward rehabilitation and not punishment, often times it is possible for the attorney to negotiate informal probation on behalf of the child. Informal probation is usually reserved for minor criminal allegations and requires the child to perform some community service and undergo some kind of counseling for a period of six months.
After six months, the child returns to court, and, upon showing proof of compliance with the informal conditions of probation, all allegations are dismissed. In the event, your child is facing more serious criminal allegations for which informal probation is not available, the child may still be eligible for deferred entry of judgment under Welfare and Institutions Code section 790.
In this scenario, the child is required to admit all of the allegations in the juvenile petition and then placed on probation for a period of 12 months during which the child will be required to perform community service, undergo counseling, pay restitution if applicable, and maintain acceptable grades in school. If the child successfully complies with the conditions of the deferred entry of judgment program, the court will dismiss all allegations in the petition.
In the most serious cases or in cases where your child is a repeat juvenile offender, the court will require a traditional plea bargaining approach in which your attorney will negotiate the dismissal of certain allegations in the juvenile petition in exchange for the child’s admission to others. The juvenile probation officer then prepares a disposition report for the court in which it recommends certain conditions of probation with which your child will have to comply in order to avoid more serious consequences.
If your son or daughter is wrongfully accused of any criminal offense, it could have a devastating impact on their ability to apply for college or other vocational training, especially employment that requires licensure or a security clearance.
We Have The Experience & Skill To Defend Your Child
Fiumara & Milligan Law, PC have successfully defended thousands of juvenile clients who have been falsely accused of various crimes by conducting a thorough investigation of the facts of each of our clients’ cases. Our juvenile defense team has extensive experience handling such cases and, can successfully defend your child’s legal rights and more importantly successfully protect your child’s future educational and occupational opportunities.
It is imperative that you do everything you can do as parents to ensure that your son or daughter has a clean slate to begin their adult lives. Let our law firm help you protect your son and daughter so they can transition successfully into adulthood.
We are also a proud member of the Pacific Juvenile Defender Center. Please click on the logo below to be taken directly to their website for more info.
Also please CLICK HERE to be taken to another excellent resource site for Juvenile Law matters.
A Santa Rosa Juvenile Law Attorney with more than 23 years of experience serving as a legal defense team in Santa Rosa, we pride ourselves in our ability to create successful strategies that will protect your child’s future.
TAKE IMMEDIATE STEPS TODAY to protect your child. Call Fiumara & Milligan Law, PC to set up a FREE confidential consultation today!
PLEASE SEE OUR BLOG RELATING TO PROP 57 JUVENILE CRIMES –CLICK HERE
Also..PLEASE SEE OUR BLOG RELATING TO WHAT SETS FIUMARA & MILLIGAN LAW APART FROM OTHER FIRMS RELATING TO JUVENILE CRIMES-CLICK HERE
HERE ARE SOME JUVENILE LAW RESOURCES BELOW. PLEASE CLICK ON LINKS TO LEARN MORE.
Pacific Juvenile Defender Center: CLICK HERE
Sonoma County Family, Youth Children’s Services: CLICK HERE
Court Appointed Special Advocates For Children: CLICK HERE
Center For Juvenile & Criminal Justice: CLICK HERE
Juvenile Law Center: CLICK HERE
Fair Sentencing For Youth: CLICK HERE