Articles

Juvenile Lawyer San Diego

juvenile law

Unfortunately, a lot of people believe that it’s not that serious if you commit a crime before you turn 18, but that is simply not how it works in reality. If your child has been accused of committing a crime, then call Brian E. Watkins Law immediately to get their defense started. Being convicted of a juvenile crime carries with it many consequences that can affect your child’s future. 

The juvenile delinquency laws in California hold minors accountable for their actions, authorizes the treatment and rehabilitation of minors, and protects the public. The law also allows victims in the community to recover their losses when a minor commits a crime that harms them or their property.

Consequences of A Juvenile Crime

A juvenile crime conviction can sometimes have a greater impact on the defendant’s future than an adult criminal conviction. First, there are fines to pay, including court costs. A juvenile record is open to the public if it is a serious offense, such as a felony offense. The consequences of a juvenile crime conviction are extensive and outlined below.

Job and Education

A criminal charge on your child’s record can result in them being suspended from school or forced to attend an alternative school, either in your local area or away. A criminal conviction may also prevent them from being able to enlist in the military. In many cases, they are not eligible for student loans, scholarships, or grants if they decide to get an education later on. 

Loss of Certain Rights

If the conviction involved drugs, alcohol, or driving offenses, then their driver’s license may be suspended. A juvenile criminal conviction also prevents them from being able to carry a firearm. This is why it is important to hire a juvenile lawyer in San Diego to find out more about what potential consequences you or your child are facing for life.

Registration

Adjudication of some types of crimes, including arson, gang offenses, and sexual assault, result in registration requirements that can last for many years or a lifetime. Many minors have a hard time understanding the long-term consequences of their actions, so we take care to explain registration requirements to them so they can understand the need for their compliance. In the state of California, a juvenile may need to register as a sex offender for arson offenses or to be subject to gang registration requirements.

Immigration

A minor may be barred from obtaining legal status or “inadmissible” and may lose their current legal status if they have committed certain “bad acts.” These are crimes that can trigger immigration penalties as they provide the government with evidence that the person may not be suitable for entry into the United States. For example, if a minor is found to be engaging in drug trafficking or has a physical or mental disability where they pose a threat to themselves or others, then that can affect their immigration status.

Frequently Asked Questions About Juvenile Law

We understand that parents have a lot of questions about their options. While we try to provide these as a guide, it’s best to call Brian E. Watkins Law to schedule your consultation and get a free case evaluation.

What happens when I need to appear in court?

If the minor is in the custody of the parents, then they will show up to court with the parents if there are no social distancing restrictions in place. If the minor is being detained, then you will need to speak with your attorney about the specifics of your case and how COVID-19 has impacted your hearing.

What is never acceptable is to miss your court date. If you have any questions about the legal process, then you should call us right away. You will need to secure an attorney before your next hearing to ensure the best outcome for your case.

Is a juvenile record public?

In the state of California, your record is automatically sealed upon completing probation, which means that the court will eventually destroy the files, and your case will be cleared. There will no longer be a public record that can be accessed by any government agency including, the juvenile court or law enforcement agencies, after that point. 

However, in California, there are certain types of crimes where the record is not automatically sealed. If the juvenile was 14 or 15 years of age when they committed any of the crimes listed in Section 707 of the Welfare and Institutions Code, then those are ineligible to be automatically sealed. There are 30 different crimes listed in the code, but among them include:

  • Attempted murder
  • Arson
  • Murder
  • Robbery
  • Rape with force, violence, or threat of great bodily harm
  • Sodomy by force, violence, duress, menace, or threat of great bodily harm
  • Assault with a firearm or destructive device
  • Discharge of a firearm into an inhabited or occupied building
  • Aggravated mayhem
  • Carjacking
  • Kidnapping for purposes of robbery or for ransom 
  • Manufacturing or selling certain drugs in certain amounts
  • Voluntary manslaughter

Are youth treated differently than adults in the court of law?

Under California law, a juvenile conviction who is found guilty after a trial or who pleads guilty is considered an adjudicated delinquent rather than a convicted criminal. Children who are considered delinquents do not face the same types of consequences as adults. Unlike in being tried as an adult, when young people break the law, they are not referred to as defendants. Instead, they are referred to as the minor or the juvenile delinquent.

Why Choose Brian E. Watkins Law

Brian E. Watkins Law represents criminal clients in San Diego and has been in practice since 1997. He works hard to try to avoid his clients having to face the most serious of consequences that could affect the rest of their lives. He has worked with families and minors with compassion and dedication to help minors get on the right path and to provide counsel to parents and guardians.