Legal issues and the family
Kids will be kids: Dealing with Juvenile Court
By Douglas Ridley Special to the Acorn

We've heard the saying, "kids will be kids." But during the summer, innocent fun can quickly cross the line into criminal mischief. I've heard it several times: "my kid is a good kid and doesn't belong in court."

I've seen good kids do very stupid things due to peer pressure, a dare, or just when going through a rough time. The scary thing for parents is when "having fun" gets a child arrested and headed for juvenile court.

The procedures for charging a minor (a child under 18) with a crime are very different than the procedure for charging an adult. When a minor gets arrested for shoplifting or vandalism, the first thing that happens is they have contact with a law enforcement officer. This can be a local police officer or a deputy, who makes the decision whether to let them off with a warning or to cite them for a crime.

If the deputy cites them for a crime, the deputy puts handcuffs on the kid, puts them in a squad car, and calls the parents. The minor is held until the parents come to get them. Once the parents arrive, the minor can be released. Both the minor and the parent are issued a citation that tells them the next step.

The citation can state one of two things. It can give a court date to appear in front of a judge. The citation can instead let the parent know that they will be contacted once the case is reviewed. If the citation gives a court date, then coming to court is the next step in the case.

But if the citation says the parents will be contacted, a different procedure is involved. Under this scenario, the facts of the case are reviewed both by law enforcement and the probation depart-ment. It is possible that the probation department may determine that the case should be handled informally outside of the courts. This is a good result for the case, since there will be no court record that the minor got in any trouble. The minor will have to attend classes, make restitution to any victim of the crime, and perform community service.

If probation does not think the case should be handled informally, the case is sent to the district attorney's office for filing. The district attorney files the case and then sends the parents a letter letting them know when to come to court.

Once in court, the case can still be handled informally, but it is a little more difficult to obtain this result. Another option is to place the minor on "diversion," which means that the minor pleads guilty to the offense and is placed on probation. Again, classes, restitution, and community service are required, and if the minor completes all the requirements the case will be dismissed.

Only the worst offenders serve time in juvenile hall or in the California Youth Authority. Have some peace of mind that this is unlikely for your child who is "just being a kid."

The other bit of good news is that the juvenile court system is designed to rehabilitate a minor, to get them on the right path again. Unlike the adult court system that is designed to punish an offender, the juvenile system's main goal is helping a minor become a law-abiding adult.

With some help and guidance through the court system, the whole experience can be a lesson well learned that will never be repeated again.

Ridley is a founding partner and the head of the criminal law division of Drescher, Quisenberry, Ridley & Shiffman, LLP, with offices in Agoura Hills. For information, call (818) 991-2919.