Has Your Child Been Arrested? Is Your Child in Juvenile Hall? Juvenile Court Date Pending?
If your child has been arrested, they can be taken from your home, placed in juvenile detention, kicked out of school, placed on probation or have many other significant consequences.
Once your child is arrested, they may be released back to you and cited into court at some future date or transported to a juvenile hall. Minors that are transported to juvenile hall and who meet the criteria for remaining detained will be detained at the juvenile hall until their court date and are not eligible to post bail. The arresting agency then submits their reports to either the Probation Department or District Attorney. If the District Attorney decides to charge your child with a crime, the matter is set for an arraignment in juvenile court.
In California, Welfare and Institutions Code sections 601 and 602 specify who may be adjudged a “ward” of the court and apply to any minor between the ages of 12 and 17, who is either:
(a) charged with a crime (W&I 602),
(b) habitually truant (W&I 601) and
(c) or incorrigible (W&I 601)
Incorrigibility means:
Habitual disobedience of parents’ reasonable orders, or violation of any city or county ordinance establishing a curfew or habitual truancy with four or more truancies within one school year.
There are, however, exceptions to the minimum age limit. Any minor who is under the age of 12 years can still fall under the jurisdiction of the juvenile court, if he or she is alleged to have committed a specific serious or violent felony such as murder or violent sex crimes.
Minors can even be charged as adults in certain circumstances. The prosecuting agency may make a motion to transfer the minor from juvenile court to adult court.
