In California, minors under 18 years old can be arrested and charged with violating California law. However, most juvenile offenders are sentenced to probation instead of detention. Juvenile probation aims to rehabilitate while holding minors liable for their crimes. Different types of probation are available for juvenile offenders. These may include at-home probation, deferred entry of judgment, and formal probation.
When imposing probation, the juvenile court sets specific conditions for an offender to follow. Common juvenile probation conditions include a strict curfew, educational programs, and counseling. Failure to comply with the conditions can result in severe consequences. Before imposing different actions for the violation, the court will hold a hearing. The juvenile can attend the hearing and defend themselves against the allegations.
The type of action that the court will impose on the juvenile for violating their probation will vary depending on the circumstances.
Consequences of Violating Informal Juvenile Probation in California
Informal juvenile probation allows a minor to avoid formal court proceedings after being found liable for an offense. In California, informal probation is handled under Welfare and Institutions Code section 654. While on informal probation, the juvenile offender may need to follow certain conditions. These include school attendance, complete counseling, and curfew. The goal of this type of probation is to correct the behavior without taking the case through the full juvenile court process.
During informal probation, a juvenile can continue attending school and move forward with their life. However, if they violate the set conditions, the opportunity could be at risk. The consequences of violating informal probation depend on the seriousness of the violation. Common consequences may include:
The Probation Officer May Take Further Action
Before placing a juvenile on probation, the court appoints a probation officer to supervise them. The probation officer checks the minor's progress and is responsible for reporting any violations. A first violation of informal probation does not always mean that the juvenile will immediately appear before a judge. The probation officer may first address the problem with the youth and family. The officer may also require the juvenile to complete the missed program.
The probation officer's response can depend on the reason for the violation. The officer may consider the following factors:
- The minor's age and maturity
- The juvenile's criminal history
- The child's circumstances at home and school
Under California law, these factors help to determine whether informal supervision remains appropriate.
The Informal Probation Period May Continue
The duration of a minor's juvenile probation varies depending on the offense they committed. A violation of probation does not necessarily end informal supervision. The probation officer may decide that the youth can still succeed with additional support. Section 654 supervision lasts no more than six months. During that period, the probation officer can work with the juvenile.
If a minor receives a second chance to continue their informal probation, they must take it seriously. Continuing to ignore program requirements can make formal court action more likely.
A Juvenile Court Petition May Be Filed
In serious cases, a juvenile may lose the opportunity to solve their case informally after a violation. Under California law, a probation officer may file a petition under section 601 or ask the prosecutor to file a petition under section 602. This can move the matter into formal juvenile court proceedings. Filing of a court petition is a common consequence when the juvenile fails to complete required programs.
California law requires the probation officer to file a formal probation report if a juvenile has not participated in the programs for up to 60 days.
The Juvenile May Face Formal Probation
If the probation violation case is transferred to juvenile court, the court may impose formal probation. The judge can set conditions that the youth must follow. These conditions may include:
- Attending school
- Participating in counseling
- Following a curfew
- Complying with other reasonable court orders
Formal probation can involve closer supervision by a probation officer. A violation at this stage can create additional court consequences. The court may hold a hearing to determine whether probation was violated.
The Juvenile Could Lose the Benefit of Successful Completion
When a minor completes their informal probation, the case will remain out of court. After completing probation, a person with a juvenile record can request that their records be sealed. A probation violation can therefore interfere with that favorable outcome. If the youth does not complete the program, the case may not receive the same benefits.
These consequences are not automatic. A probation officer will consider the following factors before making the final determination:
- The seriousness of the conduct
- The youth's criminal history
- Whether the juvenile is willing to correct their behavior
If your child faces informal probation, you should encourage them to follow the conditions closely.
Consequences of Violating Deferred Entry of Judgment (DEJ)
Deferred Entry of Judgment (DEJ) allows an eligible juvenile to avoid a formal judgment. However, they must complete probation and other court-ordered requirements. The program is available to qualifying youth who are at least 14 years old and meet other requirements. During the DEJ period, the juvenile may have to follow several conditions. These conditions include:
- Attending school
- Completing treatment
- Obeying a curfew
- Submitting to appropriate testing
- Paying restitution
The exact conditions that a juvenile will face depend on the specific factors of the case. Failing to follow these conditions can put the benefits of DEJ at risk.
The Court May Lift the DEJ Agreement
A significant consequence of violating DEJ is that the court can lift the deferred entry of judgment. The court may impose this consequence when a juvenile's participation is not satisfactory. The court can also act when the youth shows no signs of rehabilitation. Under California law, the court must schedule a dispositional hearing when these circumstances arise. This means the minor may lose the opportunity to have the case dismissed through successful completion of DEJ.
The Case Can Move to a Disposition Hearing
After lifting the DEJ, the court can schedule a disposition hearing for the juvenile. This hearing dictates the next steps in the juvenile case. The court reviews the circumstances and the probation department's recommendations. The judge can then make orders allowed under California's juvenile justice laws. The consequences can become more serious than those associated with remaining in the DEJ program.
The Deferred Judgment May Be Imposed
A violation of DEJ can also result in the imposition of the previously deferred judgment. The minor's admission to the original allegations does not automatically mean the petition was sustained. However, if judgment is entered under the applicable DEJ rules, the case can move forward based on the original allegations. This makes a significant difference between completing DEJ and violating it. Successful completion of DEJ can lead to a dismissal of the juvenile case.
New Offenses Can Trigger Serious Consequences
A new offense during DEJ can also affect the program. If the juvenile committed a felony or two or more misdemeanors, the court must schedule a hearing to determine whether to lift the DEJ. A single misdemeanor or multiple misdemeanors from the same incident may also lead the court to lift DEJ.
The Juvenile May Lose the Chance to Have the Case Dismissed and Records Sealed
Successful completion of DEJ offers important benefits for a juvenile offender. If the minor complies with the program, the juvenile court can dismiss the petition and seal the relevant records. However, a violation of probation can prevent that favorable result. If the court enters judgment because the juvenile did not adequately complete DEJ, the records may not be automatically sealed. Instead, the juvenile needs to ask the court to seal the records.
For that reason, violating DEJ can have lasting effects on how the case is resolved. The exact consequences depend on the violation, the youth's circumstances, and the court's findings.
Consequences of Violating HOP Probation
After a sustained juvenile petition, the court can place a minor on home probation. This means the juvenile offender will remain at home during the probation period. However, the judge will impose conditions that the minor must follow. While on HOP, the minor may need to avoid any further criminal acts and report regularly to their probation officer. Sometimes, the court allows the juvenile to leave home for work, school, or other court-ordered activities.
If a juvenile violates the terms of their HOP probation, the court may take the following measures:
Remove the Minor from HOP and into Juvenile Hall
In case of a severe HOP violation, the court can remove the minor from home and detain them in juvenile hall or another supervised visitation. Detention in a juvenile facility is not automatic, even when the probation violation is serious. The judge will consider whether the child poses a threat to others.
Add Tighter Restrictions
In most cases, HOP probation is imposed when a juvenile offender is found liable for a minor offense. Therefore, the conditions of this type of probation are more lenient. If your child violates these terms, the judge can impose more serious restrictions. In cases where the minor has the freedom to move around, a violation can result in further confinement.
Juvenile detention can interrupt the child's life. Therefore, if your child is on HOP probation, you should ensure that they follow all the terms. However, before the court removes your child from home, it will hold a disposition hearing. At this hearing, you and your child's attorney can present reasons why it's in the best interests of the juvenile to remain at home.
The Juvenile Probation Violation Hearing in California
Before imposing dispositions for a juvenile probation violation, the court will hold a hearing. California courts use these hearings to determine whether a juvenile violated their probation. Also, the judge decides the best actions to take against the minor for the violation. A probation violation does not always mean that the minor committed a new crime. The alleged violation may involve failing to follow a court order or another probation condition. Common forms of juvenile probation violation include:
- Missing a required meeting with a probation officer
- Failing to attend school as required
- Breaking a curfew
- Failing to complete community service
- Using drugs or alcohol when prohibited
- Contacting a protected person
- Failing to attend counseling or other required programs
A juvenile probation violation hearing allows the court to review the alleged violation. The judge considers the evidence presented and allows the minor to respond. The probation department or prosecutor may present evidence showing that a violation occurred. The evidence can include:
- Reports from a probation officer
- School records
- Witness statements
- Other relevant information
If your child faces allegations of probation violation, they have the following rights during the hearing:
- The right to have an attorney
- The right to challenge the allegations
- The right to cross-examine witnesses
The judge does not have to accept the probation officer's report. Instead, they must consider the evidence presented before deciding whether a violation occurred. If the judge finds that the minor did not violate probation, the court may dismiss the allegation. The existing probation terms can then continue.
If the court finds a violation, the judge decides on the right steps to take. The judge's response will depend on the seriousness of the violation and the type of probation that the juvenile violated. The court may modify the existing probation terms. It may also impose additional requirements. These could include:
- Counseling
- Treatment
- Education programs
- Community service
In more serious cases, the court may consider a more restrictive placement. The goal of these measures is to address the behavior while considering the minor's rehabilitation.
Frequently Asked Questions About Juvenile Probation Violations in California
Learning that your child has been accused of a juvenile probation violation can be overwhelming. The following are the commonly asked questions on the consequences of such violations:
Can a Juvenile be Taken into Custody for Violating Probation?
Yes. Juvenile detention is a possible consequence of violating juvenile probation. However, it is not an automatic result. Before ordering a minor to be detained, the court considers the seriousness of the alleged violation and the minor's record. Also, the judge will consider whether the juveniles' actions endanger others' safety. If the juvenile is taken into custody, a detention hearing must be held in accordance with applicable juvenile court procedures.
Can the Court Extend Juvenile Probation After a Violation?
Different types of probation violations carry different penalties. Some probation violations result in more time on probation or a modification of the terms of their probation. In California, the court may put the offender on probation without making him or her a ward of the court.
Can a Juvenile Probation Violation Lead to a New Juvenile Court Case?
Depending on the type of probation and the circumstances of the violation, a juvenile may face a new case after probation violation. If the minor violates non-wardship probation, the court may schedule a hearing to determine whether the youth should be declared a ward of the court. This can move the case into a more formal stage of juvenile court involvement. The court may then consider the appropriate disposition for the new case.
Can a Juvenile be Placed Outside the Home After Violating Probation?
A serious violation of juvenile probation can prompt the judge to consider a more restrictive placement. The juvenile may be placed either with relatives or in a foster home based on the situation. For more serious probation violations, the youth can end up in a juvenile home. The court will consider the youth's situation and the need for their rehabilitation.
What Happens if a Juvenile Keeps Violating Probation?
A single violation of probation may not result in serious consequences. However, repeated violations can make the situation more serious. The probation officer and court may view continued non-compliance as a sign that the current conditions are not working. The court will consider changing the supervision or placement. In some cases, the youth may face a more restrictive disposition.
Does a Juvenile Probation Violation Automatically Result in Detention?
No. A violation of the probation terms does not automatically result in detention. The court considers the nature and seriousness of the alleged violation. Also, the judge may look into the offender's criminal history and the risk they pose to others.
Find a Seasoned Criminal Defense Lawyer Near Me
A probation violation hearing can have serious consequences for a minor. If a juvenile is accused of violating their probation, the court will hold a hearing where they can defend themselves. At this hearing, the prosecutor will present allegations of the violation and evidence to support it. The minor has the right to cross-examine the witnesses presented and present their own evidence.
In most cases, the court will impose measures depending on the type of violation and its severity. Also, the judge may look into the juvenile's criminal record. A finding of a violation may affect the minor's freedom, education, and future court proceedings. For this reason, they will need the guidance of a skilled attorney. The attorney can review the alleged violation and the evidence supporting it. Also, they can explain the minor's rights and challenge evidence when appropriate.
At Los Angeles Criminal Lawyer, we will offer the guidance and representation your child needs to navigate their juvenile case. Call us at 310-502-1314 from Los Angeles, CA, to discuss your case.
