Learn about some of the basic differences between juvenile crimes and crimes prosecuted in the adult court system.
In most cases, individuals under 18 who may violate a provision of the California penal code will be tried in juvenile court, not adult court. This involves a separate process with a greater emphasis on treatment and rehabilitation rather than punishment. In support of this goal, the juvenile court system features many important differences from the adult court system.
Basic Differences Between Juvenile and Adult Cases
Different Terminology: Juvenile crimes are covered under a different section of the welfare and institutions code (602), which uses different terminology to describe the proceedings. Instead of being called “defendants” as adults are, juveniles are always referred to as “minors”. While an adult would have a “criminal complaint” filed against them, a minor has a “petition.” The goal of the petition is to have the minor declared a ward of the court so that the court may supervise their rehabilitation. And finally, instead of going to “trial,” a minor’s case will go through a process called “adjudication.”
Closed Proceedings: Another major difference between a criminal case involving an adult and one involving a minor is that juvenile cases are not open to the public as adult cases are. The only individuals permitted in the courtroom during the proceedings are:
- Judge
- Probation officer
- Bailiff
- Minor
- Minor’s attorney
- Prosecutor
- Parent or guardian
Sealed Records: While an adult’s criminal record is public knowledge, juvenile court records are sealed and confidential. This means you cannot view court transcripts of other information about the adjudication proceedings or look up the details of an individual’s juvenile records.
What Legal Elements Are the Same for Juveniles and Adults?
Many of the criminal procedure laws and rules that apply to adult cases do also apply to minors. Constitutional rights apply as well. For example, any individual accused of a crime is entitled to have Miranda Rights read to them and to have an attorney represent them.
Looking for a Juvenile Defense Attorney?
If you know a minor who has been accused of a crime, you need to find an expert juvenile crimes defense attorney to help that individual navigate the juvenile court system. An attorney’s help is especially important in cases where the juvenile may be tried as an adult or face time in juvenile hall. Dan E. Chambers has plenty of experience in juvenile cases and he can help minors secure the most favorable outcomes possible to their cases.
