Juvenile
The Monterey County District Attorney’s Office prosecutes juveniles who commit crimes in Monterey County. A juvenile is someone under age 18. Deputy District Attorneys who specialize in juvenile cases are assigned to this unit. The law grants a high degree of confidentiality to juvenile cases, and most information about these criminal cases is not public. Generally, court hearings in Juvenile Court are not open to the public
My child was arrested and taken into custody. What will happen?
Your child was most likely taken to the Monterey County Juvenile Hall.
One of the following could occur:
- The arresting officer may release your child back to your custody.
- Your child may be referred to a community agency providing shelter, care, diversion, or counseling.
- Your child may be required to return to the police station rather than to the probation department (this is sometimes referred to as cited back).
- You and your child may be given a Notice to Appear, telling you what you and your child must do and when you must do it.
- Your child could be detained in the Youth Detention Facility. Your child will be able to make two telephone calls no later than one hour after arrest. If the Probation Intake Officer is going to question your child about what happened, the officer must tell your child that he or she has the right to remain silent, that anything that your child says will be used against him or her, that he or she has a right to be represented by an attorney, and that the court will appoint an attorney if your child cannot afford one. If your child is detained, the officer must take immediate steps to notify you.
The decision to detain your child is made by Probation Intake and not the arresting officer. The Probation Officer may let your child go home without asking the district attorney to file a petition. Or, your child may go home and the probation officer will refer the case to the district attorney who will decide whether or not to file a petition. In this instance, restrictions will be placed on your child as a condition of being allowed to go home.
If your child does not return home, the law requires that a petition be filed very quickly, usually within 48 hours from the time the child is taken into custody by the arresting officer. There will be a court hearing, called a Detention Hearing, the next day that the court is in session. The courts are closed on Saturdays, Sundays, and holidays.
Does my child need an attorney?
YES. Your child has a right to an attorney. If you cannot afford to hire an attorney for your child, the court will appoint an attorney to represent him or her.
Do I, as a parent, need an attorney?
No, not usually. But please note, if your child has an attorney, the attorney represents your child and not you.
What hearings will my child go to in juvenile court?
You and your child will be required to attend all hearings, unless your appearance is specifically waived by your child's attorney. The hearings include:
- Detention Hearing or Arraignment Hearing: if your child is detained in the Youth Detention Facility for more than 48 hours, there will be a detention hearing in no more than 72 hours, counting only court business days. The purpose of the detention hearing is for the judge to decide if your child should go home before the next hearing, appoint an attorney if you cannot afford one, and to read the charges against your child. If your child was arrested, but never detained in the Youth Detention Facility, you will receive notice of an arraignment hearing. The purpose of the arraignment hearing is to appoint an attorney for your child if you can not afford one and to read the petition containing the charges against your child.
- Pre-trial Hearing: a pre-trial hearing will occur the day before the trial to allow the parties in the matter to either resolve the case or to advise the court that they are ready to proceed to trial.
- Jurisdiction Hearing: at the jurisdiction hearing, the judge will decide whether or not your child committed the offense.
- Disposition Hearing: a disposition hearing is equivalent to a sentencing hearing in adult court. If the judge rules that your child committed the offense, then at the disposition hearing the judge will decide what orders should be made about your child. If the judge rules that your child did not commit the offense, there is no disposition hearing. Sometimes the disposition hearing is held right after the jurisdiction hearing, on the same day, otherwise, it is held 10 days after the jurisdiction hearing.
In addition to the above hearings, you and your child may be required to attend any of the following hearings:
- Early Resolution Hearing: a court appearance is scheduled to try to resolve the matter prior to trial.
- Hearings on Motions: there may be court appearances for the court to hear additional matters that come up before the matter is resolved.
- Transfer Hearing: under Welfare and Institutions Code section 707, depending on the age of your child and the nature of the charged offense, the district attorney may ask the juvenile court to make a decision on whether your child should be tried as an adult or not. At the transfer hearing, the judge will decide whether your child will be tried in adult court or in juvenile court.
- Review Hearings: in some cases, the law or the court may set hearings to review your child's progress and performance under probation supervision