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An Overview of Juvenile Delinquency
R. Konrad Moore Hosted by
Kern County Public Defender Kern County Network for Children
October 20, 2014
Presented by Teryl Wakeman
Slide Presentation Syllabus
Overview of Juvenile Delinquency
Context: Dependency vs. Delinquency
Welfare And Institution Code section 602–Minor's Rights–Court Process Step by Step–Outcomes
Ancillary Consequences
Overview: Delinquency vs. Dependency
•Delinquency•WIC 602 et. Seq.•Minor found by court to have committed a crime beyond a reasonable doubt and declared a ward of the court.•Probation Officer
•Dependency•WIC 300 et. Seq.•Minor declared a dependent of the court due to abuse, neglect or other failure of parent or guardian.•Social Worker
Overview: Pre-Petition Process
•Delinquency–Alleged Misconduct
–Police Report
–Probation Department–District Attorney–Court Process begins
•Dependency–Alleged Misconduct by parent/guardian
–DHS investigates
–County Counsel
–Court Process begins
- Minors do not plead guilty or not guilty
- Minors admit or deny
- No Right to Bail
- No Right to a Jury Trial
Minor's Rights - Differences
Minor's Rights - Similarities
•Most of the Same Rights:–Right to Attorney–Right to Remain Silent–Right to Confrontation–Speedy Trial–Right to be Present–Subpoena–Subpoena Duces Tecum
Initial Hearing – Part One
•Similar to Arraignment in Adult Court•Minor Advised of Charges•Respond to Petition•Custody Status
Initial Hearing – Part Two
- Custody Status:
(1) Straight Release to Parent or Guardian
(2) Released on House Arrest
(3) Detained (Change in Circumstances / Parent Card)
- Joint Assessment Under WIC 241.1
- Is the Minor Competent?
- Petition Designations (00,01,02...)
- Who can attend court hearings
Readiness Hearing
•Similar to a Pre-Trial Conference
•DA (Petitioner) Makes an Offer:
-Accept the Offer
-Reject the Offer
-Counter-Offer
•Continue the Case
-Further investigation
-Waiting for a Judge
•New Case
Contested Jurisdiction Hearing
- Fighting the Case
- Proof Beyond a Reasonable Doubt
- Similar Procedures: (1) Application of Evidence Code (2) Same Pre-Trial Motions (3) Same Motions In Limine
- Court Finds Some or All Charges True or Not
Disposition Hearing
Lost at Trial
Punishment
Felony vs. Misdemeanor
Confinement Time Calculated
Probation Imposed
Outcomes
•Information Probation (WIC 654)•Probation w/out WardShip (WIC 725)•Juvenile Court Work Program•Juvenile Hall•Camp Owen / CrossRoads / Pathways•Group Home Placement•Division of Juvenile Justice (CYA)
Ancillary Consequences
•Three Strikes
•California Driver's License
•Firearm Restrictions
•Arson (No Camp Owen)
•Sex Offender Registration
•Military Service
Record Seal
- Not for a Strike
- Welfare and Institutions Code 780
- Probation Department Usually Initiates
- Public Defender assistance
Closing Remarks – Contact Information
Teryl D. Wakeman, II
Deputy Public Defender
2100 College Avenue, 2nd Floor
Bakersfield, CA 93305
