Ventura Juvenile Crimes Defense Attorneys

Understanding Juvenile Charges in California

Juvenile charges fall into one of two categories:

• Status offenses are crimes that are crimes only because the individual is a minor, such as truancy and curfew violation;
• Juvenile delinquency crimes are crimes for all citizens, such as drug crimes, violent crimes, such as assault and battery, and theft crimes.

Depending upon the circumstances of the case, the prosecution may try to have your son or daughter tried as an adult, which can result in severe punishment.

Juvenile Court vs Regular Criminal Court

The following is some important information about juvenile court:

• A jury does not try juvenile cases; they are decided solely by a judge.
• Bail is not required to free them after charges have been filed. However, a detention hearing will take place to determine if they can be released.
• A prosecutor will decide whether the charges will be tried as a felony or misdemeanor.

What is Required to Seal a Juvenile Criminal Record?

While there is an opportunity to seal a juvenile criminal record, certain factors must be met, including:

• The case was not transferred to adult court: In some cases, particularly those involving serious crimes, minors under 18 may be charged in adult court, which will result in an adult criminal record. Generally, these charges remain on a criminal record, though individuals may seek to expunge them after time passes and when their cases are complete, depending on the circumstances.
• A juvenile has turned 18: A minor who has been adjudicated in the juvenile court system may be eligible to seal a juvenile criminal record once they have turned 18.
• A juvenile case has ended: In some cases, minors may turn 18 while their juvenile court cases are still in progress. These minors may not petition to seal a juvenile criminal record until their juvenile court case has ended. Minors under the age of 18 may also petition to seal their juvenile criminal record if at least 5 years have passed since the case was concluded.
• A minor has not been convicted of certain adult crimes: A minor with a juvenile criminal record may not be able to seal their adjudication if they have been convicted of a felony offense or certain misdemeanor crimes as an adult.

As these qualifying criteria clearly show, juvenile criminal records do not automatically disappear once a minor reaches the age of 18. Instead, eligible individuals must petition the court to seal and destroy their juvenile criminal records by court order. Doing so can be an important step in putting past mistakes behind them, and having better opportunities when seeking employment, professional licensing, and even higher education, loans, or housing leases.

Protect Your Child’s Future

The devastating impact that a juvenile conviction will have on your son or daughter’s life is immense. It can prevent them from graduating from high school, getting into college, or holding down a job for the rest of their lives. If they are tried as an adult, the result may be even worse.

At Lessem, Newstat & Tooson, LLP, we believe all juveniles deserve another chance at life before being branded a criminal forever. With over 50 years of experience handling criminal cases, our juvenile criminal defense lawyers have the knowledge and experience to defend your child against their charges. We serve all communities in Ventura County and the surrounding areas, and we are ready to help you and your family as well.

Contact our firm today to discuss your child’s criminal charges.