Los Angeles County Juvenile Defense | Law Offices of Jerod Gunsberg

One of the toughest things I see as Los Angeles juvenile defense attorney is kids getting arrested and charged with felonies for things that could be resolved in school.  For example:  A kid gets in a schoolyard fight, the school dean overreacts and calls the school police officer, the child gets arrested and the DA files a felony.  I’ve seen this happen time and again to kids who are otherwise trouble-fee:  Kids who are “A” students, involved in sports or other after school activities, have no problems at home,  get charged as felony assault cases.

I’ve also seen this happen with kids who bring tools to school and are charged with possession of a weapon.  These are all incidents that could have and should have been resolved at the school level, but for whatever reason were escalated to involve the police and ultimately, the courts.

So what to do if your child is caught in this situation?  The first thing you need to do is deal with the reality of the situation.  This case is NOT going to go away on its own.  You are not going to be able to go into court and “explain things to the judge” in order to get the case dismissed.  It simply does not work that way. To even have a shot at getting rid of the case and avoiding your child from admitting anything, you need to act quickly.

First, you need to contact an attorney who knows what he or she is doing in juvenile court (read more about that here).  There are ways to “walk back” a case so it dos not get filed and is instead handled through an informal diversion program. This usually requires workign with the attorney you hire to put together a presentation for the DA’s office showing who your child is: Report cards, certificates of achievement, letters of support from teachers, community members, family members, and family friends.

Your lawyer will then contact the DA’s office in an attempt to prevent the case from being filed.  Even if this is not successful and the DA’s office does file a case, at least the groundwork is laid for your child’s attorney to make a pitch to the judge to handle the case informally.   Sometimes the DA can even be prevailed upon to recommend diversion even after the case is filed.  It all depends on the facts of each individual case.  Every case is different.

Bottom line:  If you have a good kid who got caught in a bad situation, be proactive, contact a qualified attorney as soon as you possibly can.

Obviously, this is a blog promoting my law firm and this is intended as general information and not specific legal advice.  If you would like to contact me to discuss your child’s specific case. Please call The Law Offices of Jerod Gunsberg for a free consultation at (310) 210-0744.  

The consequences of violating probation depend on what type of probation your child is on.  If you are not sure what the different types of probation are, you may want to read this article first:  ”Juvenile Probation Options and Conditions.”  You can also check the paperwork given to you by the court, which will explain.

If your child is accused of a probation violation in Los Angeles County, it is important to contact a qualified Los Angeles juvenile defense attorney to discuss the case.

Consequences of Violating “Non-Wardship” Probation

If your child is on informal diversion (known as “654″), the court may extend the period of informal diversion until your child complies.  But remember, informal diversion can only last for one year from the date of the offense.  If the year has expired and your child still has not complied or if the court finds that the violation is serious, the case against your child will likely go forward.

This means that the District Attorney will either want your child to admit or deny the charges against him and your child and you will need to decide whether or not to accept the settlement offer or take the case to trial.

If your Child is on Deferred Entry of Judgment (“725″ or “790″)

If your child is on a 6-month Deferred Entry of Judgment Probation for a misdemeanor, the court may wish to revoke 725 and declare your child a ward of the court.  This means that your child’s case will not be dismissed and he or she will be placed on formal wardship probation (known as “Home on Probation” of “HOP”).

With non-wardship probation your child is not entitled to a formal probation violation hearing, however he or she is entitled to a hearing based on a supplemental report prepared by probation which will recommend to the court what should happen to your child.

If the Court wishes to remove your child from the home, he or she has a right to a “contested disposition hearing” where your child’s attorney can present evidence that favors keeping your child in the family home.

If your Child is on already a Ward of the Court and is “Home on Probation” (“H.O.P.”)

If your child is already a ward of the court and on H.O.P. and arrested for violating a term or condition of probation, the district attorney must file what is known as a 777 Petition to revoke and terminate probation (called a “Triple Seven”).  When a 777 petition is filed, whether or not your child is detained in juvenile hall, the same time periods apply as when any other charges are filed (read the article about time periods in juvenile cases).

Your child is entitled to a probation violation hearing.  Before this hearing, the Probation Department will prepare a report detailing how the minor has done on probation and make a recommendation as to whether or not to remove your child from the family home.  The court will consider this report along with other evidence presented by both the defense and prosecution.

Your Child’s Rights At a Probation Violation Hearing

A probation violation hearing has similar rights as an adult probation violation hearing.  Your child has the right to cross-examine the prosecution’s witnesses and the right to call witnesses to challenge the evidence presented by the District Attorney.

Hearsay evidence is allowed at a probation violation hearing, as long as it is “reliable” in the eyes of the court.  Also, the District Attorney only needs to prove by a “preponderance of the evidence” that your child violated probation.  This means that they only need to show that there was a “50.1% chance” that your child violated probation.  This is a much lower standard than at trial, where allegations must be proven “beyond a reasonable doubt.”

If the Court Wants To Remove Your Child From The Family Home
If the Court wants to remove the child from the family home, your child has the right to present evidence to the court as to why your should remain in the home.  As a parent, the court will be interested in what you have to say as to why your child should remain in the home.  Of course, all of this should be organized and strategized by your child’s attorney.

Juvenile Probation Violations in Los Angeles County are very serious matters.  It is important to contact a qualified attorney to discuss you or your child’s case.  For Los Angeles probation violation, contact Attorney Jerod Gunserg at 310-210-0744 for a free consultation about you or your child’s juvenile case.