What Happens When a Juvenile is Charged With a Crime?
When a juvenile is charged with a crime there is a juvenile delinquency court hearing. This court is specifically for felonies and misdemeanors committed by minors.
Juvenile delinquency court is often referred to as 602 proceedings. There are prosecutors and defense attorneys but there are no juries.
Instead of finding a juvenile innocent or guilty, if the judge determines that the juvenile committed the crime beyond a reasonable doubt, then he/she will “sustain the petition” filed by the district attorney.
Wards of the Court
Sometimes a judge makes a minor a “ward of the court,” meaning that the court has primary responsibility for control and treatment of the minor. If a minor is a ward of the court, they can still serve probation at their home.
In some cases, the minor will be put into foster care, a group home, or in a county probation camp.
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“After the first meeting with Mark, I knew we were in the right place. Mark was able to get answers and call all the right people to protect my child. We would never deal with the criminal justice system again with out Mark Broughton at our side. We are very thankful we found him and the matter with our son went away quickly.”
“Mr. Broughton is top notch. My son was facing a felony, strike charge. Mr. Broughton fought for my son’s pre-trial release against the recommendation of the probation department, and my son was able to come home. Today, the case was resolved and the outcome was minor in comparison to the charge. I highly recommend Mark Broughton!”
“He is an amazing lawyer, I had a near impossible felony case and he helped me bring it down to a misdemeanor. Amazing personality and a kind human being!”
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What Happens if a Juvenile is Convicted?
It depends on the crime committed but a minor could face the following:
- A fine or restitution
- Community service
- Required to attend a victim impact class
- Placement into a foster home
- Probation or parole
- Commitment to a juvenile hall, ranch, or camp
- Commitment to the Division of Juvenile Justice (aka CYA – California Youth Authority)
The purpose of the juvenile system is to enable rehabilitation.
Juveniles Tried as Adults
There are certain crimes where minors will get tried as adults. These include:
- Murder where the minor personally killed the victim
- Arson that caused great bodily injury or of an inhabited structure
- Rape by force, violence, or threat of great bodily harm
- Spousal rape by force, violence, or threat of great bodily harm
- Forcible sex in collaboration with another person
- Lewd and lascivious acts on a child under 14 years of age by force, violence, or threat of great bodily injury
- Forcible sexual penetration
- Sodomy or oral copulation by force, violence, or threat of great bodily injury
Has your child or another minor member of your family been legally accused of committing a juvenile crime? If a minor member of your family has been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take juvenile charges seriously. Don’t just hope for the best. Hire an attorney who understands the situation and the consequences your family member faces.
Your Juvenile Defense Attorney for Juvenile Charges
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, Federal White Collar Crimes, Violent Crimes, Gang Crimes, and Sex Crimes to name a few.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.