When your child is charged with drug possession, you might be concerned about the charges against them, potential penalties, and whether being found delinquent will follow the minor for the rest of their life and hinder them from building their future. How can you best safeguard them? Consulting a defense attorney who will take time to understand your child and the facts of the case can increase the chances of obtaining the most favorable case outcome.

A Deep Dive into How Juvenile Delinquency Court Cases Unfold

In juvenile court, there are no juries, and the focus is on rehabilitation rather than punishment. In the delinquency judicial system, rehabilitation is more vital than punishment, so young offenders can change their conduct and be reintegrated into the community. Unlike the adult criminal system, where consequences are more serious, juvenile courts focus on interventions that address the root cause of delinquent conduct, like educational challenges, family dynamics, and mental health challenges.

The procedure starts with an arrest. Once the minor is suspected of committing a crime, like in most drug possession apprehensions, law enforcement can release the youth after issuing them a warning.

However, if the police officer decides to detain the youth, they can transfer them to juvenile hall. While there, the child is booked. Next, the law enforcer will do any of the following:

  • Allow your child to return home after issuing them a court date and citation
  • Allow the juvenile to return home with a probationary program
  • Detain the youth in the juvenile hall while awaiting a detention hearing

During your child’s detention hearing, the judge does the following:

  • Notifies the juvenile of the charges they are facing, then the youth enters their plea
  • Determines whether the minor should be released to you, the parents, as the case continues, or hold the youth in the juvenile hall

If the prosecution team seeks to prosecute the youth, they can petition the juvenile court. However, the charge against your child is a delinquency charge, not a criminal one.

In a severe case, the court will schedule a transfer hearing, where the judge will determine whether to transfer the matter to adult court. If that happens, the youth can be prosecuted as an adult.

The prosecution can initiate a transfer hearing when either of the following applies:

  • Your child is at least sixteen and has committed a felony or a Welfare and Institutions Code 707b crime
  • Your child was fourteen or fifteen when they allegedly committed a WIC 707b crime, and the minor was not arrested until they were eighteen

When determining whether the minor will remain in juvenile court, the judge will evaluate the factors below:

  • The extent of criminal sophistication your child exhibited
  • Whether the minor can be rehabilitated before the juvenile court jurisdiction expires
  • The minor’s prior delinquent history
  • Whether the juvenile court’s prior attempts to rehabilitate the minor were successful
  • successfulThe severity of the alleged crime your child has committed

If the prosecution team files the charges but the minor’s case stays in juvenile court, the judge schedules an adjudication hearing. Although it is the same as a trial, there will be no jury. Instead of a jury trial, the judge alone decides the outcome. Before the hearing, the prosecution team and the juvenile’s defense attorney will do the following:

  • Exchange proof during the discovery procedure
  • Filing of motions by the parties involved
  • Negotiate an agreement, which is the same as a plea deal in adult court.

If your minor child is detained, they are entitled to an adjudication court hearing within fifteen days from when the judge ordered detention per Welfare and Institutions Code § 657. Court days do not include holidays and weekends. On the other hand, if the minor is not detained, their adjudication hearing should be within thirty days after the petition is brought. Please note these timeframes can be extended provided a good cause exists and the minor waives time. 

Many juvenile matters are resolved through a negotiated agreement. If the parties fail to resolve this phase, they will submit their arguments at the adjudication court hearing. The juvenile judge can then decide whether to:

  • Sustain the prosecution team’s petition, similar to being found guilty in adult court, or
  • Deny it, which is the same as a case acquittal

After the judge sustains the prosecution team's petition, they will declare the youth a ward of the court and delinquent instead of guilty.

A disposition hearing will follow. It is equivalent to a sentencing court hearing. The objective of the hearing is to focus on rehabilitation.

During the disposition hearing, the judge considers numerous factors when determining the child's sentence. These factors are as follows:

  • Your child’s age
  • The severity of the crime committed
  • Case facts
  • The juvenile’s prior delinquent history
  • The minor’s testimony
  • The alleged victims' testimony

Please note that the judge cannot penalize the minor for refusing to plead guilty or confess. Nevertheless, they can consider whether the minor committed perjury by testifying deceitfully at the adjudication court hearing.

The disposition hearing can occur immediately during the adjudication hearing following the verdict, provided the judge has every relevant detail. Otherwise, the judge can postpone the disposition hearing to do any of the following:

  • Have the minor undergo a psychological evaluation
  • Allow the probation department to complete a social study
  • Allow you, as the guardian or parent, time to present mitigating evidence that could convince the court to grant a less severe sentence.

Juvenile Drug Possession in California

Juvenile drug possession means that your minor child possessed an illegal substance without a valid justification. Typically, charges of drug possession arise following a routine traffic stop or police search, even if the controlled drugs are not physically on the juvenile but are still accessible to them.

Common substances in juvenile drug possession include the following:

  • Alcohol
  • Codeine
  • Cocaine
  • Fentanyl
  • Morphine
  • Oxycodone
  • Hydrocodone
  • Certain depressants
  • Certain hallucinogens
  • Opiates and opium derivatives

Possession is classified into three categories, namely:

  • Actual possession — The youth had the controlled substance on their person or in a location where they had immediate access to the drugs and knew they were narcotics.
  • Constructive possession — While the minor did not have immediate access to the controlled substance, they had the right to control it or have control over it.
  • Joint possession happens when at least two individuals share either constructive or actual possession.

Juvenile Drug Possession Penalties and Consequences

If prosecuted as a minor, a court determining that the minor committed the offense (called a delinquency finding) following a drug possession charge can result in the penalties below:

  • In severe crimes, commitment to a juvenile detention facility
  • The child may be placed in a group home, probation camp, or foster home
  • Deferred entry of judgment, where the child enters a guilty plea but receives a suspended sentence, in exchange for completing a diversion program.
  • Serving probation with terms like community service, abiding by curfew, enrolling in a mental health or substance abuse program, and attending school

Moreover, juvenile drug crime makes it more challenging to attend school, secure employment, or secure a scholarship.

If prosecuted as an adult, a drug possession charge is a California misdemeanor punishable by a fine of $1,000 and a one-year jail sentence.

What to Do Once Your Child Is Charged with Drug Possession

Dealing with your child’s arrest may be challenging and stressful for you as a parent. Here are some of the steps you can take:

  • Remain calm — While it is common to feel worried or upset, stay as calm as you can. The minor requires your guidance and support during this challenging moment.
  • Seek to understand what is happening — Gather all available details about the facts relating to your minor’s criminal charges. It can entail speaking with the minor, your defense attorney, or law enforcement.
  • Seek legal representation — When your minor is facing legal trouble, it is wise to hire an experienced defense lawyer. They will inform you of the juvenile’s rights, potential penalties, and the available legal options.
  • Support the minor — Let the minor be aware that you are available for them and will stand with them during the juvenile delinquency process. Reassure them that you will help them navigate the challenging situation.
  • Abide by legal advice — Listen to the defense attorney’s advice and adhere to their instructions. It can involve offering information, attending rehabilitation programs or counseling, and taking steps that address the underlying issue.
  • Attend court hearing—Attending the court hearing demonstrates to the judge that the minor has a support system.
  • Stay involved in the minor’s life and continue providing support and guidance. Ensure you encourage positive conduct and assist the minor to make wise decisions in the future.
  • Explore rehabilitation options — Depending on your case facts, the minor can benefit from rehabilitation attempts to resolve underlying problems that might have led to the alleged crime.
  • Ensure you seek personal help — Since addressing your child’s legal issues could take an emotional toll on you, consider obtaining emotional support from a therapist or loved ones to assist you in coping with uncertainties and stress.

How a Juvenile Delinquency Defense Attorney Can Help Your Child

An effective criminal defense lawyer can help your minor in different ways, including the following:

Guide Your Minor

Navigating the California legal system is complex and loaded with different processes and terms that can be challenging.

Your skilled juvenile delinquency defense attorney will guide your son/daughter throughout the case process, helping your child understand what is taking place and what they should do to secure a favorable outcome.

Safeguard Your Minor’s Rights

Your minor has specific constitutional rights to exercise and ensure they are protected.

If your minor is unaware of their constitutional entitlements or does not understand what is allowable and not, they could be misled. Fortunately, a competent defense attorney can advise your child of their rights and how to assert them.

Your lawyer will also evaluate the prosecutor’s evidence to identify inconsistencies, flaws, or illegally obtained proof. They can file motions to suppress illegally obtained evidence, weakening the prosecutor’s case against the youth.

Establish a Strong Defense Strategy

The attorney will comprehensively investigate the case circumstances, analyze police statements, interview potential witnesses, and assess available proof. These actions will help your child’s attorney develop a formidable defense plan that could assist in securing the most favorable legal outcome.

The lawyer will aggressively defend your minor in court, submit mitigating proof, and advocate for rehabilitation-oriented resolutions.

Negotiate with the Prosecution Team

It involves seeking alternatives to formal charges, including counseling, probation, diversion programs, and community service.

Post-Conviction Support

If your minor is found delinquent, the attorney, upon request, could help seal your child’s juvenile records, minimizing how they may impact their education, housing, and employment.

Rights of a Child in the Juvenile Legal System

The entitlements of a child during juvenile delinquency proceedings include the following:

Right to a Call

Once a minor is arrested, they have the constitutional right to a single phone call. During the call, the minor informs their parent or guardian of their arrest so that they may seek legal assistance.

The Entitlement to be Informed of the Charges They Face

 If your minor child is arrested and held in juvenile hall, they could be released without pressing charges. Usually, this happens if the probationary official deems it unnecessary to keep holding the minor. Nevertheless, if the child has to stay in detention, law enforcers should inform them of their charges.

Constitutional Right to an Attorney

Juvenile case proceedings are complex for a minor. Therefore, the child has the entitlement to obtain legal assistance. A seasoned criminal lawyer could assist in various ways, including safeguarding your minor’s rights, guiding them on how they should behave in court, and offering an objective perspective of what is likely to happen.

Constitutional Right against Self-Incrimination

Your child has an entitlement against self-incrimination, and the prosecution team cannot pressure them to testify against themselves.

Entitlement to Cross-Examine Case Witnesses

Your child can question or cross-examine the prosecution team’s witnesses and contest their testimonies through their defense attorney.

Your Child is Entitled to have Their Charges Proven beyond a Reasonable Doubt

Not all juvenile cases rely on strong or conclusive evidence. Therefore, if a minor faces detention for delinquency, the prosecution team should demonstrate their charges beyond a reasonable doubt.

However, if detention is impossible, the burden of proof is lowered to a preponderance of the evidence, which means it is more likely than not that the juvenile committed the offense.

Your Child Does Not Have Constitutional Entitlement to Bail

 Although many juveniles are allowed to return home with their guardians or parents with an ongoing delinquency case matter, children have no entitlement to bail. Instead, your minor should demonstrate that they will return to the court for their proceedings. The judge decides release based on risk and supervision availability

You can Seal Your Drug Possession Juvenile Records

When the judge grants the petition per WIC 718, the court will close your file, and every court record and report about the juvenile's drug possession charges will no longer be public records. 

The eligibility criteria when seeking to seal a juvenile record include the following:

  • You must have attained 18 years
  • If you are below 18, you must have completed probation five years ago
  • You do not have any felony or misdemeanor involving moral turpitude convictions as an adult
  • You must have no pending civil litigation against a peace officer, probationary official, or law enforcement department that conducted the arrest, issued the citation, or initiated the juvenile delinquency proceedings.

Satisfying the minimum eligibility criteria does not mean the court must grant your petition to seal a juvenile record. Although judges grant most sealing petitions, the presiding judge could deny your sealing request, making it essential to seek legal assistance.

The Role of the Juvenile Record Sealing Officer

The sealing officer evaluates your record to determine eligibility. If the officer determines you do not qualify, they will send you a denial letter. The letter outlines the reasons for declining your sealing request and whether you may reapply.

If the officer determines you do qualify for sealing, they will do the following:

  • Process your sealing petition
  • Send you a copy of the petition for review
  • Forward your petition to the relevant court for consideration

Once the court seals your juvenile record, it can destroy the records. However, the court can sometimes choose to retain a sealed record. If that happens, the sealed juvenile record will be destroyed when:

  • You are thirty-eight years if the court had declared you a ward
  • Five years following the judge’s order to seal your juvenile record if you were declared a ward of the court for being habitually truant or disobedient.

When Can Your Sealed Juvenile Drug Possession Delinquency Records Be Reopened

Although sealed juvenile records cease to exist, a sealed juvenile record could be reopened under certain circumstances. These circumstances include the following:

  • In criminal cases — During a criminal proceeding, the prosecution team can access any sealed record to disclose proof that could clear someone of wrongdoing for an alleged crime.
  • Juvenile records could also be reopened during a civil defamation suit. The records will then be resealed once the lawsuit is resolved.

Find a Skilled Criminal Defense Attorney Near Me

Once your minor is charged with drug possession, a lot is at stake. The California juvenile legal system works differently from adult criminal courts, focusing on rehabilitation instead of punishment. Nevertheless, without an experienced attorney, your minor may still face severe consequences.

Time is of the essence. Safeguard their future by contacting the Los Angeles Criminal Lawyer at 310-502-1314. We can offer the most effective legal advice and defense strategies needed to navigate the legal complexities of the California juvenile court and reduce the potential consequences. We also prepare your minor child for hearings, negotiate plea deals, and protect their rights.