Criminal Defense Attorneys Serving Los Angeles

For almost a hundred years, there has been a separate system of justice for juveniles in the United States. Legislators have attempted to design a system that focuses on rehabilitation and education rather than punishment and retribution. When a minor is arrested and taken into custody, they will likely be referred to an “intake officer” who specializes in juvenile justice. That officer will first evaluate the case and the circumstances, and then decide whether formal charges are necessary. Depending on the severity of the crime and the minor’s criminal history, an intake officer can decide not to move forward with formal charges and can choose instead from less severe penalties ranging from an informal reprimand, to counseling, compensation for property damage, or community service.

Depending on the severity of the crime and the child’s record, an intake officer may decide that formal charges are necessary. A minor might remain in custody in a juvenile justice facility or a foster home while waiting for their arraignment, where a juvenile court judge will read the minor the charges against him or her. At that point, the lawyers for both sides will usually discuss whether a plea agreement is possible or desirable, or whether the case should move forward. In the juvenile justice system, there are no jury trials and all cases are heard before a judge. The judge then makes the decision as to whether the minor should be “adjudicated delinquent,” which is analogous to being found guilty in adult court.

Juveniles, like adults, have to the right to an attorney and the right to remain silent. If they are in custody, law enforcement must give them the Miranda warnings so that they can better know their rights before they answer any questions.

There are certain kinds of crimes — called “status offenses” — that are only crimes if committed by a minor. These would include skipping school or curfew violation, and most of the time they carry less serious punishments. In contrast, there are crimes so severe that a judge can use a tool called “judicial waiver.” This means that a judge decides that a minor should not be afforded the protection of the juvenile justice system, but should be tried as an adult.

Juvenile records are sealed, which means they are not to the public. If a juvenile agrees to and meets certain conditions, his or her record can be expunged — erased, essentially — when he or she turns eighteen. As with most criminal matters, finding an experienced attorney early in the process can help guarantee your child gets the most favorable treatment possible.

Proving guilt “beyond a reasonable doubt” refers to the standard of proof the prosecution must meet in a criminal case. The standard of proof is the level of certainty each juror must have before determining that a defendant is guilty of a crime.

In practice, it is impossible to precisely define “reasonable doubt.” It can be easier to understand, however, by contrasting it to the standards of proof used in civil trials. In a civil trial, where a person’s freedom is not at stake, there are two possible standards of proof that must be met in a case. One is the “preponderance of the evidence” standard, which means certain facts or evidence presented at trial are more likely than not to be true (just over 50% is fine). The other standard is “by clear and convincing evidence,” which means that there is a high probability that a piece of evidence is true. Reasonable doubt is defined somewhat differently depending on what jurisdiction you’re in, but essentially, a juror can have some doubt in her mind, but it cannot be one that would affect a reasonable person’s “moral certainty” that a defendant is guilty. Because a defendant’s liberty is often at stake in a criminal trial, the reasonable doubt standard is the highest standard in the legal system.

Another vital component of the criminal trial is the requirement that the prosecution bears the “burden of proof.” A defendant is presumed innocent until proven guilty, and therefore it is the prosecution’s job to build a case against the defendant, not the other way around. This may seem like a minor distinction, but if the prosecution simply had to accuse the defendant of a crime and then wait for the defendant to prove that he or she didn’t do it, a corrupt prosecutor could charge anyone with any crime, without proof. If, under that system, the defendant had no alibi, the jury might be forced to convict based on very little evidence.

The drafters of the Constitution were wary of a legal system with too much power, and promised that no person under the law should be deprived of life, liberty, or property without due process of law. Requiring the prosecution to prove each element of a crime beyond a reasonable doubt is one way in which the justice system protects each defendant’s fundamental right to due process.