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Who Does California’s Juvenile Court Have Jurisdiction Over?
The state of California’s juvenile court has jurisdiction over many of California’s youth.
Going over who they have jurisdiction over, specifically, and what this means while speaking with a California juvenile defense lawyer will allow you to protect your child from unnecessary legal challenges.
Who Does California’s Juvenile Court Have Jurisdiction Over?
The state of California’s juvenile court has jurisdiction over every minor between twelve and seventeen years old.
As an example, if your child is fifteen years old and arrested for a crime, then they are under the jurisdiction of California’s juvenile court.
On the other hand, if your child is eleven years old – or younger, for that matter – then they are not under the jurisdiction of California’s juvenile court.
The implications of this fact will be clarified in the sections right below.
Outside of what has been clarified, the state of California’s juvenile court has jurisdiction over children under the age of twelve who commit certain crimes. These “certain crimes” are as follows:
- Oral Copulation
- Rape
- Murder
- Sodomy
- Sexual Penetration
If a minor under the age of twelve is accused of one of these crimes, then California’s juvenile court has jurisdiction over their court.
The above is only true, though, if they were committed by violence, force, menace, or the threat of bodily injury.
If Your Child Is Under 12 And Commits A Crime, What Happens?
The answer to this question is “It depends.”
Right within the bill that outlines these rules – SB 439, which went into effect in January of 2019 – there is a provision that states the following: every county must develop alternatives to the juvenile court system.
Every single one of these alternatives must be, and is, “least restrictive.”
These least restrictive alternatives aim to prevent young children from entering the justice system from a young age, which is unlikely to be good for their growth, development, or long-term health.
Even though the above is true, these least restrictive alternatives are dependent on the California county you live in.
As a general rule, though, if there are existing school-based, health-based, or community-based services, these are to be used.
Outside of the above, if the behaviors that a child has committed – or is thought to have committed – aren’t too severe, then a child is to be released to their parents.
If a child is under twelve and hasn’t committed one of the serious crimes outlined in the previous section, they will be released to their parents and/or forced to partake in the least restrictive alternative to the juvenile court.
If Your Child Is Over 12 And Commits A Crime, What Happens?
A child who is over twelve and commits a crime will be placed in the state of California’s juvenile court system.
Navigating this system is often confusing due to its complexity.
Your child can face several sanctions – punishments, as it were – in this system. And these can be significant and difficult to deal with.
If you and your child work with a lawyer, though, it will be easier for them to obtain a good legal outcome.
Speak With An Orange County Juvenile Justice Lawyer Today
If your child, regardless of their age, is facing legal consequences, then they need a lawyer.
Speak with an Orange County juvenile justice lawyer at the Law Office of Katie Walsh today, and we will help you and your child obtain the best possible legal outcome.
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