Recent Posts in Juvenile Category
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Posted on May 19, 2012 By Christine McGuire
Violation of Juvenile Court Protective Order: An intentional and knowing violation of a protective order issued by a juvenile court is a misdemeanor punishable by a fine, or by imprisonment in county ...
Continue reading "Violation of Juvenile Court Protective Order" »
Posted on Nov 2, 2011 By Christine McGuire
Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...
Continue reading "Order to Seal a California Record" »
Posted on Sep 21, 2011 By Christine McGuire
A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...
Continue reading "Assertion of Miranda Rights" »
Posted on Sep 20, 2011 By Christine McGuire
Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...
Continue reading "Foreign Language Advisement of Miranda Rights" »
Posted on Sep 19, 2011 By Christine McGuire
Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...
Continue reading "Advisement of Rights to Minors" »
Posted on Aug 18, 2011 By Christine McGuire
Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...
Continue reading "Car Insurance and vehicle code violations" »
Posted on Aug 9, 2011 By Christine McGuire
Because of a person's right of confrontation, depositions are not available in criminal prosecutions. Under certain circumstances however a witness may be conditionally examined before trial to ...
Continue reading "Conditional Examinations" »
Posted on Aug 8, 2011 By Christine McGuire
The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...
Continue reading "When the Two Dismissal Rule Applies" »
Posted on May 13, 2011 By Christine McGuire
The disposition hearing for a juvenile is held after the jurisdiction hearing. A judge may continue the disposition hearing to receive a social study of the probation officer or to refer the minor to ...
Continue reading "Juvenile Crimes Disposition Hearing" »
Posted on May 12, 2011 By Christine McGuire
DJJ is the Department of Corrections and Rehabilitation, Division of Juvenile Justice formerly known as the California Youth Authority. When a minor is eligible for a DJJ commitment, if the judge ...
Continue reading "Juvenile Crimes, Disposition Hearing, DJJ" »
Posted on May 10, 2011 By Christine McGuire
If the child admits the truth of the allegation in juvenile court he or she is entitled to have the same judge preside at the jurisdiction and disposition hearing. The juvenile may waive this right to ...
Continue reading "Juvenile Crimes, Recording the Dispositional Hearing" »
Posted on May 8, 2011 By Christine McGuire
The judge may consider facts before it at the disposition hearing that were admitted or that the judge found to be true by a preponderance of the evidence. The judge must consider the age of the ...
Continue reading "Juvenile Crimes, Disposition Hearing/ Reasons for the Dispostion" »
Posted on May 6, 2011 By Christine McGuire
A court may dismiss the petition at the end of the disposition hearing in the interest of justice and the minor's welfare or because the minor does not need rehabilitation or treatment. A court may ...
Continue reading "Juvenile Crimes - Options at the Dispositional Hearing" »
Posted on Apr 11, 2011 By Christine McGuire
A judge must advise an unrepresented child, parent or guardian of the right to representation; the right to have counsel appointed, subject to a claim of reimbursement. A judge must also advise the ...
Continue reading "Juvenile Crimes - Advisement of Rights" »
Posted on Apr 9, 2011 By Christine McGuire
After the judge finds jurisdiction, he or she must hear evidence on the most appropriate disposition for the child. To reach a decision the judge must consider the probation officer's social study and ...
Continue reading "Juvenile Crimes, Evidence at Disposition Hearing" »
Posted on Apr 7, 2011 By Christine McGuire
When a judge declares a juvenile a ward of the court, the court may limit the control that the child's parent or guardian may exercise over the child. The judge must set out the limitations in the ...
Continue reading "Juvenile Crimes, Disposition Hearing, Limits on Custody" »
Posted on Apr 5, 2011 By Christine McGuire
The judge of the juvenile court has discretion at the child's disposition hearing to select probation or other forms of confinement in order to hold the minor accountable and to protect the public ...
Continue reading "Juvenile Crimes - Disposition Hearing" »
Posted on Apr 4, 2011 By Christine McGuire
After a judge declares wardship or terminates wardship for a juvenile under the age of 18, when proceedings for a dissolution, custody or parentage are pending, the judge may issue a protective order. ...
Continue reading "Juvenile Crimes - Protective and Restraining Orders" »
Posted on Apr 3, 2011 By Christine McGuire
A judge may order the guardian or parent of a child to participate in an educational or counseling program. A judge may direct any orders to the guardian or parent that the court determines would aid ...
Continue reading "Juvenile Crimes, Disposition Hearing, Orders for Parents" »
Posted on Apr 2, 2011 By Christine McGuire
A judge may order the guardian or parent of a child to participate in an educational or counseling program. A judge may direct any orders to the guardian or parent that the court determines would aid ...
Continue reading "Juvenile Crimes, Disposition Hearing, Orders for Parents" »
Posted on Apr 1, 2011 By Christine McGuire
A judge may not remove a child from his or her parent's custody unless the court finds that the parent has failed to provide or is incapable of providing appropriate maintenance, training and ...
Continue reading "Juvenile Crimes, Disposition Hearing, Removal of Child From Parent's Custody" »
Posted on Mar 25, 2011 By Christine McGuire
If the juvenile between the ages of 12 and 18 has been found to be seriously emotionally disturbed and has been placed on supervised probation he or she may be placed in a regional facility. However ...
Continue reading "Juvenile Crimes, Disposition Hearing, Serious Emotional Disturbance or Mental Disorder" »
Posted on Mar 22, 2011 By Christine McGuire
If the judge at the time of the disposition hearing makes a finding that the child was insane at the time the juvenile committed the offense, the judge must order confinement of the child in a state ...
Continue reading "Juvenile crimes, Dispostion Hearing, Insanity/Mental Disorder" »
Posted on Mar 8, 2011 By Christine McGuire
Unless a judge has placed the juvenile on probation without probation department supervision, the judge must order the child to be placed under the supervision of the probation officer. The probation ...
Continue reading "Juvenile Crimes, Disposition Hearing, Placement in a Nonsecure Facility" »
Posted on Feb 27, 2011 By Christine McGuire
The Santa Clara County Juvenile Justice Court and the Santa Clara County Juvenile Justice Commission have recommended that the Board of Supervisors of Santa Clara County create separate juvenile and ...
Continue reading "Proposal for Separate Juvenile and Adult Probation Departments in Santa Clara County" »
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