San Jose Juvenile Crimes Lawyer

Aggressive Defense Against Juvenile Charges in California 

When navigating the complex legal landscape of juvenile crimes in San Jose, you need an experienced and dedicated legal team. At the Law Offices of Nick Cvietkovich, we have a proven track record of defending the rights of minors who have been accused of various offenses. We aim to provide effective legal representation and guide families through the legal process with compassion and expertise. If you're searching for a San Jose juvenile crimes lawyer, you can trust our team to fight for the best possible outcome for your child. 

Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a meeting with our juvenile crimes attorney in San Jose! 

San Jose Juvenile Crimes FAQ 

What constitutes a juvenile crime?

A juvenile crime is an illegal act committed by someone under the age of 18. These can range from minor offenses, like vandalism or shoplifting, to more serious crimes, such as assault or drug-related offenses.

What is the legal process for juvenile cases in San Jose?

The juvenile justice system is designed to address the needs of minors differently than adults. The process typically involves an arrest, a detention hearing to determine if the juvenile should be held or released, and adjudication, where a judge decides the outcome of the case. The focus is often on rehabilitation rather than punishment.

What are the potential consequences for juveniles found guilty of crimes?

Consequences for juvenile offenders can vary widely depending on the severity of the crime and the offender's history. They may include probation, community service, participation in counseling or educational programs, or detention in a juvenile facility. The goal is often to rehabilitate rather than penalize.

How can a lawyer assist in juvenile crime cases?

A lawyer can provide crucial support by defending the juvenile's rights, navigating the legal system, and advocating for a fair outcome. They can negotiate with prosecutors, represent the juvenile in court, and work towards alternatives to detention, focusing on rehabilitation and future opportunities.

Common Juvenile Charges

Juvenile crimes cover a wide range of offenses that individuals under 18 may commit. Some of the most common juvenile charges include:

• Underage Drinking: Minors caught possessing alcohol or using fake IDs to purchase alcohol can face legal consequences.
• Drug Offenses: Charges related to the possession, distribution, or manufacturing of illegal drugs or controlled substances.
• Shoplifting and Theft: Juveniles can be charged with theft for shoplifting or stealing property.
• Assault and Battery: Altercations or fights that result in physical harm can lead to charges of assault and battery.
• Vandalism: Deliberate property damage, such as graffiti or property destruction.
• Trespassing: Unauthorized entry onto another person's property can lead to criminal charges.
• Sex Offenses: Charges related to sexual misconduct, sexting, or statutory rape can be severe.
• Burglary: Entering a building intending to commit a crime, such as theft or vandalism.

What are the Penalties for Juvenile Crimes in California?

The juvenile justice system in California operates differently from the adult criminal justice system. The focus is on rehabilitation rather than punishment. However, there are still penalties for juvenile crimes, which can vary depending on the offense's severity and the minor's prior criminal history. 

Some potential consequences include:

• Probation: Many juvenile offenders are placed on probation, which may include community service, counseling, or drug rehabilitation programs.
• Detention: Serious offenses can result in detention in a juvenile facility, which can range from a few months to several years.
• Fines: Juveniles may be required to pay fines or restitution to the victims of their crimes.
• Counseling and Rehabilitation: Depending on the nature of the offense, the court may order counseling, therapy, or substance abuse treatment.
• Juvenile Record: Juvenile offenses can lead to a criminal record, impacting future educational and employment opportunities.

It's essential to have a skilled San Jose juvenile attorney to advocate for your child's rights and work toward the most favorable outcome, whether that involves negotiating reduced penalties, seeking diversion programs, or pursuing other alternatives to detention.

Can a Juvenile Be Tried as an Adult in California?

Juveniles can be tried as adults in certain circumstances, such as violent crimes. If convicted, then your child may be sent to an adult correctional facility. While juveniles are often not tried as adults, the consequences of a juvenile sentence can still be severe. Depending on the crime's severity and the child's age, the court may simply order the child to live with you under court supervision or put your child on probation. However, your child may also be sent away to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), or a probation camp. The whole experience of the arrest can be even more traumatic if your child is detained at a juvenile hall instead of being sent home to you.

You may think that a child can only be tried as an adult for murder or attempted murder. However, a child can also be tried and convicted as an adult for other crimes. This includes armed robbery, drug-related crimes, arson, or escaping from juvenile hall. Getting representation for your child in a juvenile case is important, no matter what. However, if your child is being tried as an adult, you must seek legal representation. A child who is 16 or older can be sent straight to an adult correctional facility. A younger child will be placed in a juvenile facility but could later be transferred to an adult facility.

Defenses Against Juvenile Crime Charges

At the Law Offices of Nick Cvietkovich, we understand the unique challenges and complexities of defending juveniles accused of crimes. 

We employ a range of strategies to build a strong defense, including:

• Lack of Evidence: We will thoroughly examine the evidence against your child and challenge any weak or insufficient evidence presented by the prosecution.
• Suppression of Evidence: If law enforcement violated your child's rights during the arrest or investigation, we will seek to have any illegally obtained evidence suppressed.
• Juvenile Rights: We will ensure that your child's rights are protected throughout the legal process, including the right to remain silent and the right to legal counsel.
• Diversion Programs: Depending on the circumstances, we may advocate for diversion programs that allow your child to avoid formal charges and receive counseling or rehabilitation instead.
• Negotiation and Advocacy: Our experienced attorneys will negotiate with the prosecution to seek reduced charges or alternative sentencing options more focused on rehabilitation than punishment.

How Can a Juvenile Avoid Jail Time?

There are differences with juvenile crimes that affect the possibility of sentencing and jail time. California criminal court law defines that a minor is not found to be guilty or innocent. Instead, in juvenile delinquency proceedings, a judge will rule that the prosecuting attorney's petition is sustained. This happens if the judge determines a juvenile has committed the alleged crime beyond a reasonable doubt. A minor faces a variety of sentences or dispositions after court proceedings. Depending on the case and crime, a judge may order informal probation. Our criminal defense lawyer may be able to use this opportunity to dismiss charges after completion of a program.

Additionally, a court may take over the responsibility for controlling and treating the juvenile by designating a minor as a ward of the court. In some cases, a minor may serve their probation at home, even if they are a ward of the court. Unfortunately, a judge may place a juvenile in foster care, a group home, or a probation camp instead. The best way to help your child avoid jail time is by hiring an experienced juvenile defense lawyer. Our law firm has been protecting the rights of minors for years – we can help your child, too.

Learn more about how our San Jose juvenile crimes attorney can help you by contacting us online or calling (408) 898-9770 today!