Juvenile Criminal Defense
With over 100 years of combined legal experience, our team is highly qualified to provide legal services for your most difficult family circumstances.
Tustin Juvenile Criminal Defense Lawyer
We work to protect the rights of the accused while achieving the best possible outcomes.
Parents have difficult jobs. They are responsible for managing not only their careers and personal responsibilities but also ensuring their children grow up to be law-abiding and productive members of society. Unfortunately, children make mistakes, and sometimes those mistakes are serious enough to carry legal consequences. If you are a parent of a child who has been arrested, a Tustin juvenile criminal defense attorney can be your best asset as you attempt to minimize the charges against them and preserve their future.
At DeArmey Law, we understand how shocking and scary it can be to learn your child has been arrested for a crime. Rest assured that our team of highly experienced Tustin juvenile criminal defense lawyers are ready to put our skills, experience, and professional contacts to work defending your child’s rights in juvenile court.
Why Choose DeArmey Law?
A juvenile criminal case against your child can have substantial consequences for their future. Your child could potentially lose a job and higher education opportunities, and their criminal record could impair their ability to secure financial aid or financing in the future. When you need a Tustin juvenile criminal defense attorney, it is essential to choose one with solid experience handling cases like the one you are currently confronting.
At DeArmey Law, our team of Tustin criminal defense lawyers understand how difficult these situations are for parents, and we know what’s at stake when it comes to your child’s future. With more than 100 combined years of experience, the team at DeArmey Law is ready to help you navigate your child’s criminal case with greater confidence.
What Is a Juvenile Defense Attorney?
Every state has unique laws pertaining to juveniles or minors under the age of 18 charged with criminal behavior. In California, state law recognizes the fact that children are not as self-aware as adults and are more prone to impulsive, risky behaviors. Children do not possess the same decision-making capabilities as adults; therefore, the California Criminal Code does not allow them to be prosecuted as adults except in extreme situations. In fact, recent legislative changes in California made it even more difficult for state prosecutors to charge juveniles as adults.
There are different laws for criminal cases involving adults and those involving juveniles, so it is vital to find a defense attorney who has solid experience with both. A Tustin juvenile criminal defense attorney is a legal professional who has specific practical experience representing minors charged with criminal actions.
Do Juveniles Have the Right to Legal Counsel?
Every American citizen has certain unalienable rights, including minors charged with criminal behavior. Typically, the juvenile’s parents will play active roles in their child’s defense case and may need to perform various administrative tasks to assist in defending their child. However, a child has just as much a right to an attorney as an adult. The Tustin juvenile criminal defense attorneys at DeArmey Law are adept at handling cases involving juveniles facing serious charges and can provide the legal counsel your child needs.
What Due Process Rights Do Juveniles Have?
Just like juveniles have the same right to legal counsel as adults when charged with a crime, they also have the right to expect due process in the handling of their arrest, booking, and other proceedings in the California criminal justice system:
- The arresting police officer must read a juvenile suspect their Miranda rights just as they would for an adult suspect.
- The suspect has the right to remain silent and the right to legal counsel. The police cannot attempt to coerce a confession from a minor.
- The suspect has the right to fair and reasonable treatment after arrest through booking. If there is any reason to believe police officers have mistreated your child, consult a Tustin juvenile criminal defense attorney immediately.
- An arresting officer has a legal duty to draft a complete and accurate police report. Evidence brought forth during arrest must be obtained legally.
- California state law allows anyone booked for a crime to make three phone calls immediately after finishing booking, within no more than three hours following the time of their arrest.
It is easy to see how a child can be very intimidated being in a police precinct alone without any support, and some juveniles feel compelled to confess when they should remain silent. The police are not allowed to threaten or intimidate a juvenile suspect. If you believe your child’s rights have been violated in any way or that arresting officers failed to ensure due process for your child, notify your Tustin juvenile criminal defense attorney immediately.
Why Can’t Juveniles Post Bail in Orange County?
One right that juvenile suspects do not have after arrest is the right to post bail on their own behalf. This right is reserved for adult suspects who are deemed legally capable of handling bail on their own behalf. The only way a juvenile charged with a crime and detained can post bail is if they are charged as an adult and transferred to an adult booking facility.
When a juvenile is allowed to be released after booking to await their court hearing, the police may only release the juvenile to a parent or guardian. If bail is set, the juvenile’s parent or guardian must pay the bail to be released. When juveniles are unable to post bail or contact their parents, they typically remain in a juvenile detention facility. In other situations, the police may transfer them to reception facilities to await their arraignments.
Why Your Child Needs a Tustin Juvenile Criminal Defense Lawyer
Juvenile criminal cases are very different from criminal cases involving adults, but the stakes are often higher for children charged with crimes. Their sentences could potentially impact the rest of their lives, hindering job opportunities and chances at further education, or even resulting in permanent registration as a sex offender. Ultimately, juvenile criminal charges can be extremely destructive on a child’s life, and a child who has made a mistake should have the chance to learn from it and course correct.
The Tustin juvenile criminal defense lawyers at DeArmey Law will exhaustively review the evidence in play against your child to assess the strength of the prosecution’s case. We will also carefully audit the police’s handling of your child’s arrest to ensure due process was followed and their Constitutional rights protected.
While it can be tempting for some families to choose public defenders because of the cost of legal fees, this is a risky decision. Most public defenders are talented attorneys who strive to provide the best legal representation possible to their clients. However, public defenders typically manage many cases at once and can only devote so much time to each case. When you hire a private Tustin juvenile criminal defense attorney, you are investing in more personal attention paid to your child’s case. An experienced Tustin juvenile criminal defense lawyer can help have your child’s charges reduced or even dropped in some situations.
Juvenile Criminal Records
California recently changed the way the state handles juvenile criminal records. Previous to these changes, a juvenile criminal record would remain on public record unless the subject of the record meets the criteria for expungement or sealing of the record. This can prevent future employers or schools from discovering a juvenile criminal record. California now automatically seals juvenile criminal records as soon as a juvenile completes their probation period.
Expungement or juvenile criminal record sealing can be incredibly helpful to some minors charged with criminal actions. However, the recent change for automatic sealing does not apply to very serious crimes such as murder, arson, armed robbery, rape, and other violent felonies.
Juvenile criminal records no longer pose as many problems to California residents as they did in past years. However, it’s still vital to consult with your Tustin juvenile criminal defense attorney if you have concerns about your child’s criminal record negatively influencing their future opportunities.
Likely Penalties for Juvenile Criminal Conviction
California recognizes that most children who break the law do so because of immaturity and a lack of understanding of their actions’ consequences. A juvenile criminal court case will ideally be a wake-up call for a minor who has a troubled history, encouraging them to correct their behavior and become a more upstanding member of society.
Most California judges will seek diversionary sentencing for juveniles charged with crimes, except in cases involving patterns of criminal behavior over several years or juveniles charged as adults. These diversionary sentences attempt to encourage rehabilitation and guidance instead of punishment and a criminal record. Some diversionary programs pertain to physical, mental, and emotional wellbeing, while others may entail drug and alcohol rehabilitation, driver safety courses, or community service. If a minor’s criminal behavior has injured another party, restitution and a formal apology will also likely form a portion of the juvenile’s sentencing.
If your child has been arrested for a crime in the Tustin area, do not hesitate to seek legal counsel to determine your best available options. The Tustin juvenile criminal defense lawyers of DeArmey Law are standing by to assist you. If you are ready to discuss your criminal defense options with an experienced Tustin juvenile criminal defense attorney, contact DeArmey Law to schedule your consultation today.
Tustin Practice Areas
Trusted by the Southern California Community for More Than 40 Years
With over 40 years of combined legal experience, our team is highly qualified to provide legal services for your most difficult family circumstances.