Juvenile Defense Attorney in Santa Barbara
Under California law, when a person under the age of 18 is alleged to have committed a crime, the judicial process under which the child is prosecuted, called a delinquency proceeding, is a civil action, not a criminal matter. During these proceedings, the juvenile may be deemed unfit for juvenile court proceedings, in which case, the juvenile will be transferred to adult criminal court. This is mandatory when the juvenile has been charged with murder with special circumstances and certain sex offenses, and the juvenile is at least 14 years old.
For other crimes, it is up to the juvenile court to decide whether the juvenile case is transferred to adult criminal court. The factors the court will consider include the gravity of the offense charged, the criminal sophistication of the crime, and the juvenile’s previous delinquent history. If the case is transferred to adult court, the juvenile is subject to the law in the same manner as an adult. Protect your child’s future with expert legal defense. Contact Sanford Horowitz, Santa Barbara’s trusted juvenile crimes lawyer, for a free consultation today!
Juveniles Being Charged as an Adult
Sometimes charges against a juvenile are directly prosecuted in adult court. This is called a “direct filing,” and the juvenile courts tend to rubber-stamp these filings. It is unfortunate that the justice system treats more and more juveniles as adults and punishing these children as adults despite overwhelming evidence that a teenager’s brain is not yet fully developed. Without fully developed brains, juveniles are known to be impulsive, to take risks, and to be unable to anticipate the consequences of their actions. Because teenagers do not have adult brains, they take unnecessary risks, are often very impulsive, and are unable to anticipate the consequences of their actions.
Juvenile court proceedings are designed to focus on rehabilitation rather than punishment. The process involves various hearings and determinations that take into account the juvenile's background, family dynamics, and social environment. Judges are typically more lenient, offering options like community service, counseling, and probation, with the intention of reintegrating the juvenile into society as a responsible citizen. Understanding these nuances is crucial for the strategies of a juvenile defense lawyer, which aim to maintain the juvenile's standing within the juvenile system rather than exposing them to harsher penalties designed for adults.
There are many laws and cases that question whether a child has the ability to form criminal intent at all. A qualified juvenile defense attorney can assess the minor’s capacity to understand the process and to form criminal intent, which is crucial for defense in both juvenile and adult court. If the juvenile remains under the juvenile court’s jurisdiction, it is not considered a criminal matter. Therefore, the juvenile does not have some of the due process rights afforded to an adult charged with a crime. For example, the juvenile does not have the right to a jury trial or to bail. However, the juvenile does have the right to be represented by an attorney, the right to cross-examine witnesses, and the right to assert the Fifth Amendment privilege against self-incrimination.
Critical Rights for Juveniles
- Right to Counsel: Ensures legal representation during proceedings.
- Right to Cross-Examine: Holds witnesses accountable in testimonies.
- Protection Against Self-Incrimination: Safeguards against involuntary admissions of guilt.
It's imperative for families to be aware of these rights to navigate the legal process effectively. The role of a juvenile defense lawyer is crucial in ensuring these rights are upheld, and any potential for bias is mitigated.
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What Clients Are Saying
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“We gained more than expert legal advice and strong representation from Sandy; we gained a friend.”- Michelle H.
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“In addition to being highly intelligent and professional, he is incredibly empathetic and kind, which helps when dealing with life’s unpleasant situations.”- Eli S.
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“A great relief and reassurance to anyone potentially facing criminal charges.”- S.A.
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“To say that Horowitz is a great lawyer is an understatement. I would highly recommend him to anyone dealing with a legal issue.”- Haley S.
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“A former prosecutor, Sandy is a skilled litigator who understands both sides of the criminal justice system, which is a tremendous asset. While we hope never to be in a similar situation again, we can recommend Sandy without hesitation.”- Ann S.
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“I would recommend Sanford Horowitz to anyone who is feeling helpless and needs some “light at the end of the tunnel!””- Rachelle M.
Key Insights Into the Juvenile Court Process
In a delinquency proceeding, the court determines whether the facts as charged against the juvenile are true. This is called a jurisdiction hearing. The standard of proof is, as it is in a criminal trial, “beyond a reasonable doubt.” However, unlike an adult criminal trial, the juvenile proceedings are not designed to ascertain the guilt or innocence of the juvenile, but rather if the facts are found to be true to preserve and promote the welfare of the child, to provide care, treatment, and guidance to the child and promote public safety.
The juvenile proceedings are intended to treat juvenile crime as a sociological problem with a mandate to ensure resources to the juvenile dedicated to the juvenile’s rehabilitation rather than punishment. That does not mean the juvenile won’t be punished if the court finds the allegations against the juvenile are true. Depending upon the severity of the offense and the juvenile’s prior delinquent history, the court may subject the juvenile to probation, detention, incarceration, treatment, or community supervision.
The jurisdiction hearing assesses both the juvenile's personal circumstances and the specifics of the offense to propose the most appropriate rehabilitative actions. This aspect of the juvenile justice system highlights its goal to tailor outcomes that consider the juvenile's potential for future reformation. Factors such as educational challenges, mental health status, and family background are examined to create personalized rehabilitation plans. This comprehensive approach sets the juvenile system apart, focusing less on punitive measures and more on constructive societal reintegration.
Given these proceedings, a juvenile defense attorney must be adept at presenting evidence that underscores the importance of retaining the juvenile within the juvenile system. Advocating for the resources that are essential for rehabilitation, such as counseling and educational programs, forms a foundational part of an effective legal strategy that aims to protect the child's future.
Parental Responsibility and Legal Implications in California
Parents are often surprised to discover that they can be held legally responsible for delinquent acts of their child in cases where the evidence establishes that the parent failed to provide reasonable supervision and control over their child. If a parent “causes or tends to cause or encourage” his or her child’s delinquency (or any juvenile’s delinquency for that matter), the parent can be charged with a misdemeanor under Penal Code section 272. For example, let’s say a dad decides to have a few beers with his 16-year-old son and then gives him the keys to the family car. The son then causes a collision and is also charged with driving under the influence. The father, under these circumstances, would be criminally liable for his son’s acts.
The legal system in California underscores the importance of parental involvement in preventing juvenile delinquency. Schools and community programs in Santa Barbara often provide resources and support for parents to aid in understanding the risks their children may face. Understanding local support systems and engaging with community watchdogs can be instrumental in preventing situations where legal action can take place against minors and their guardians. This proactive approach not only aids in averting potential issues but can also serve as a foundation in legal defenses, highlighting a history of parental responsibility and community engagement.
Common Juvenile Offenses in Santa Barbara
Juvenile crimes in Santa Barbara encompass a wide range of offenses, reflecting both minor and more serious infractions. Common offenses include vandalism, petty theft, possession of alcohol or drugs, and more serious charges like assault or burglary. Vandalism cases often involve graffiti or property damage, affected by accessibility to public spaces and materials. Minor in possession charges frequently arise due to the accessibility of alcohol in a college town environment and the social settings that promote underage drinking.
Understanding these common offenses is crucial for parents and guardians in the area, as awareness can lead to preventative measures. Collaborative efforts with local law enforcement and community programs are often effective at reducing these occurrences. Awareness campaigns within schools and neighborhood associations frequently focus on educating youth about the legal implications of these actions, promoting better decision-making and encouraging a positive influence within peer groups.
The Right Firm Makes a Difference
Why Clients Choose Us
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Aggressive & Compassionate RepresentationYou are our number one priority in and out of the courtroom.
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Former Prosecutor on Your Team
Work with an experienced former prosecutor who knows both sides.
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Providing Service in SpanishCriminal defense provided by a Spanish-speaking team.
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Offering 100% Free ConsultsTalk through all of your legal options during a free consultation.
