Salinas Juvenile Defense Attorney

Protecting the Rights of Minors & Their Families 

When someone under the age of 18 is accused of illegal activity in California, they face a range of serious and potentially life-altering consequences. These cases are handled via juvenile courts instead of the typical criminal justice system, which is reserved for prosecuting adults charged with various crimes. As such, it is essential that you work with an attorney who understands the juvenile justice system and how it works.

At Law Office of John Klopfenstein, we have more than 30 years of experience in criminal law. Our Salinas juvenile defense attorney knows how to protect the rights of minors, as well as guide them and their families through this difficult time. 

Call (831) 610-5921 to request a consultation with Attorney John Klopfenstein today.

How Juvenile Cases Are Different 

When minors are accused of criminal conduct or “status offenses,” such as curfew violations, their cases are overseen by juvenile court. Technically, this is outside the state’s criminal law system and, as such, these cases proceed much differently than typical criminal cases. 

Firstly, the goal of the juvenile delinquency system is not to punish minors accused of committing crimes but, ostensibly, to rehabilitate them through community programs and other means. Furthermore, recent reforms to the juvenile justice system have resulted in the closure of all state detention facilities for minors and a transition to county control. 

When a minor has a run-in with law enforcement, they can be arrested and turned over to the county’s probation department. At this point, the department will decide whether the minor should be referred to a juvenile delinquency court. If the judge finds that the minor committed a crime, he or she decides where to place the minor. Note that, in juvenile delinquency cases, there is no jury; the case is decided by a single judge. 

Do Minors Go to Jail If They Are Found Guilty? 

Technically, juveniles are not found “guilty” of committing crimes but, instead, the judge can “sustain the petition” filed by the county probation department. This means that the judge has determined that the youth did, in fact, commit a delinquent act (or “crime”). At this point, the judge decides where the youth will go. 

Some of the factors used to decide where the minor will go include: 

• The nature of the alleged offense and the applicable statute
• Input from the prosecutors, probation department, and defense
• Whether the minor has a criminal history or past contact with law enforcement
• Whether the minor poses a perceived risk to him/herself or others

In most cases, minors are placed on supervised probation and allowed to live at home with their parents or guardian. However, some may be placed in detention facilities in the county where they reside. Formerly, some minors were placed in state-run facilities overseen by the Division of Juvenile Justice (DJJ), but such facilities have been shut down in recent years. 

What Kinds of Offenses Can Get a Minor Arrested? 

Just like an adult, a minor can be arrested for a variety of illegal activities. In the juvenile court system, these offenses are referred to as “delinquent acts,” rather than “crimes.” 

Some of the most common juvenile cases involve: 

• Shoplifting and petty theft
• Drug possession 
• Underage drinking 
• Breaking and entering 
• Trespassing 
• Burglary 
• Assault and battery
• Unlawful gun possession 
• Vandalism 
• Gang-related activity 
• Lewd or lascivious acts 
• Reckless driving 

Minors can also face serious consequences if arrested or accused of other criminal acts, such as arson, driving under the influence of alcohol or drugs, sexual assault, or homicide.