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Superior Court of California - County of San Diego: Juvenile: Juvenile FAQ: Juvenile Delinquency FAQ
  
Delinquency Frequently Asked Questions
 

  1. My child was arrested and taken into custody. Where was my child taken?
  2. My child came home after being arrested. What will happen now?
  3. Does my child need an attorney?
  4. Do I, as a parent, need an attorney?
  5. My child's probation officer told me that the District Attorney will be filing a petition. What does that mean?
  6. What will happen if my child is taken to Juvenile Hall after the arrest?
  7. How long could my child have to stay in Juvenile Hall?
  8. May I visit my child in Juvenile Hall?
  9. How will my child and I find out about the court hearings?
10. May I be present at the hearings?
11. May I speak at the hearings?
12. Do we have the right to an interpreter?
13. May the victim attend and speak at the disposition hearing?
14. When can my child be tried as an adult?
15. What felonies are likely to be tried in adult court?
16. When would my child go to the California Department of Corrections (CDC) instead of the California Youth Authority (CYA)?
17. Am I financially liable for my child's acts?
18. Will I be required to pay my child's fees?
19. Can my child's juvenile records be sealed?
20. Can my child's Juvenile Court record be used against him or her as an adult?


1. My child was arrested and taken into custody. Where was my child taken?
Your child was most likely taken to the San Diego County Juvenile Hall at 2901 Meadow Lark Drive, San Diego, CA 92123, (858) 694-4500.

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2. My child came home after being arrested. What will happen now?
The Probation Department will probably get in touch with you and ask your child to come in for a meeting with a probation officer. You will receive a Notice to Appear (a specific date and time you must show up at the Probation Department).

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3. Does my child need an attorney?
Yes, and your child has a right to an attorney who is both effective and prepared. If you cannot afford to hire an attorney for your child, the court will appoint an attorney to represent him or her.

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4. Do I, as a parent, need an attorney?
No, not usually. If your child has an attorney, the attorney represents your child, not you.

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5. My child's probation officer told me that the District Attorney will be filing a petition. What does that mean?
A petition asks the court to become involved in your child's life. The petition says what the District Attorney believes your child did. Later, a judge will decide if what the petition says is true.

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6. What will happen if my child is taken to Juvenile Hall after the arrest?
The probation officer decides whether to keep your child in custody. The probation officer may let your child go home without asking the District Attorney to file a petition, or the probation officer may allow your child to go home and still refer the case to the District Attorney.  The District Attorney decides whether or not to file a petition. There may be restrictions placed on your child as a condition of being allowed to go home.

If the probation officer keeps your child in custody, the law requires that a petition be filed very quickly, usually within 48 hours from the time the child was taken into custody by the police. Then there must be a detention hearing the next day that the court is in session. The courts are closed on Saturdays, Sundays, and holidays.

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7. How long could my child have to stay in Juvenile Hall?
At the detention hearing, the judge could decide your child must be kept in Juvenile Hall until the next hearing. The judge may continue to order your child to remain in Juvenile Hall until the case is finished.

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8. May I visit my child in Juvenile Hall?
Usually, but you should contact the probation officer to find out when you can see your child.

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9. How will my child and I find out about the court hearings?
If your child is in custody, you should receive the petition and notice of the hearing, personally or by mail, as soon as possible after the petition is filed and at least 5 days before the hearing. If the hearing is less than 5 days after the petition is filed, you will get notice at least 24 hours before the hearing. Your child has the right to receive notice if he or she is at least 8 years old.

If your child is not in custody, you should get notice of the petition and hearing personally or by first-class mail, at least 10 calendar days before the hearing.

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10. May I be present at the hearings?
Yes. In fact, new state law requires you to be present. If the judge finds the allegations in the petition are true, he or she will decide what will be best for your child. Depending on the offense, if you can show that your child will listen to you and follow your rules, and that you will hold your child accountable and be supportive at home, the judge might order that your child be released to your custody.

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11. May I speak at the hearings?
You may speak if the judge asks you questions directly or if you are called as a witness. You also may ask to speak to the judge. Generally, your child's attorney will speak for your child. The District Attorney will speak for the State. The Probation Department may be called as a witness.

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12. Do we have the right to an interpreter?
Your child has a constitutional right to an interpreter. You also may have a right to an interpreter and should ask for one if you need one.

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13. May the victim attend and speak at the disposition hearing?
Yes. A Crime Victim's Bill of Rights allows the victim to come to the hearing. The victim, and his or her parents if the victim is a child, will receive notice of the hearing.

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14. When can my child be tried as an adult?
For some felonies, your child can be tried and sentenced as an adult if your child is at least 14 years old. The case would be moved to adult court. There are major differences between juvenile and adult criminal court procedures and philosophies. If the District Attorney requests that your child be tried as an adult, it is extremely important to talk to your child's attorney about the very serious consequences of your child's situation.

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15. What felonies are likely to be tried in adult court?
A minor can be tried in adult court for violent and serious offenses, including murder and attempted murder, arson of an inhabited building, robbery with a dangerous or deadly weapon, some forms of rape, some forms of kidnapping and carjacking, some felonies involving firearms, certain controlled substance offenses, and certain violent escapes from a juvenile detention facility.

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16. When would my child go to the California Department of Corrections (CDC) instead of the California Department of Corrections and Rehabilitation, Division of Juvenile Justice?
Your child can be sentenced to adult prison (CDC) only if he or she is tried as an adult. If your child will be tried as an adult, it is extremely important to talk to your child's attorney about the very serious consequences of your child's situation.

If between the ages of 14 and 16, your child must stay at the Division of Juvenile Justice even if he or she is sentenced to adult prison.

If your child is at least 16, he or she may serve the entire term at the Division of Juvenile Justice only if the term will end before he or she reaches age 21. If your child's term will extend past the age of 21, then your child could be at the Division of Juvenile Justice until age 18, and then would automatically be transferred to CDC on his or her 18th birthday. The court could also order your child directly to CDC at age 16.

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17. Am I financially liable for my child's acts?
Yes. You may also have to pay restitution to the victim if your child is ordered to pay it. Restitution is money to pay for the victim's losses caused by your child's illegal conduct. Examples of restitution might include the value of stolen or damaged property, medical expenses, and lost wages.

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18. Will I be required to pay my child's fees?
Yes. Unless you have been the victim of your child's crime, you will receive a bill from the County for your child's attorney fees. You will be billed for Probation Department services fees (such as food and laundry while your child was in Juvenile Hall) and placement costs for keeping your child in a state placement such as the California Youth Authority, a probation camp, or an out-of-home placement. These costs can be expensive. You will have an opportunity to demonstrate how much, if any, of these costs you are able to pay. The Juvenile Court does not make this determination.

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19. Can my child's juvenile records be sealed?
This is very important for your child, but it will not happen automatically.  Certain records, such as those kept by the Department of Motor Vehicles, may not be sealed. Your child must file a petition to request sealing.

The petition may be filed after your child turns 18, or 5 years after everything connected with his or her case is over.  Before the court considers the petition, the Probation Department will make sure that your child was not involved in any later crime.  If the petition to seal the records is granted by the court, the records of the case and the arrest will be ordered sealed.

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20. Can my child's Juvenile Court record be used against him or her as an adult?
Under the "three strikes" law, certain serious or violent felonies committed as a juvenile can be counted as strikes and used against your child in the future. This can happen even if the Juvenile Court record has been sealed.

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