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Juvenile

Juvenile Juvenile Court is its own special world. The lawyer you hire to help your child in Juvenile Court has to know its special rules, attitudes, and procedures. Especially in Humboldt County, where the people who work in Juvenile know one another, it’s important that you hire a lawyer who’s known and respected by the court, by the prosecutor, and by probation. M.C. Bruce has successfully represented hundreds of minors by concentrating on the unique approach taken by the court in Juvenile matters.

M.C. Bruce’s Notable Cases:

NOTE: BECAUSE OF THE CONFIDENTIALITY OF THE COURT’S PROCESS, THE CASES DISCUSSED HERE ARE FOR CLIENTS WHO ARE NOW ADULTS. M.C. BRUCE still successfully represents juveniles in Humboldt County.

NOT GUILTY FOR A TEN-YEAR-OLD ACCUSED OF ROBBERY M.C. Bruce obtained an acquittal for a ten-year-old boy accused of robbing another child of a bicycle in Orange County. His skillful questioning of the victim revealed to the court that the defendant only asked to borrow the bike, and that the victim had agreed. This case was won in front of a Judge who was known as the toughest in Orange County. At the end of the case, she told the minor, “You were lucky to have Mr. Bruce representing you.”

ACQUITTAL FOR A FIFTEEN-YEAR-OLD ACCUSED OF CRIMINAL THREATS. M.C. Bruce obtained an acquittal, after a three day trial, of an Orange County fifteen-year-old accused of threatening violence against another teenager. M.C. Bruce’s cross-exam of the witnesses against the defendant revealed that they belonged to a gang who had vowed to “get” the defendant.

If Your Child is Arrested:

  1. If the police allow you to take custody of your child, do so. Do NOT leave them in Juvenile Hall “to teach them a lesson.” It is very difficult to convince a judge to release a minor who is in custody at the time of the first hearing on the matter.
  2. Tell your child NOT TO TALK TO ANYONE. This includes his parents! Otherwise, you can be subpoened to testify against your child! The only person your child should talk to is his or her lawyer.
  3. TALK TO A LAWYER IMMEDIATELY. All minors, regardless of family background, are entitled to court-appointed attorneys because the law presumes they do not have the funds to hire their own attorneys. However, by hiring a private lawyer such as M.C. Bruce, you ensure that your son or daughter’s case will receive the attention it deserves.
  4. ASK THE LAWYER TO START INVESTIGATION. The sooner investigation starts, the more beneficial to your son or daughter’s case.
  5. REMEMBER THAT THE ATTORNEY CLIENT CONFIDENTIALITY extends only between the lawyer and your son or daughter. The lawyer will NOT be able to tell you facts of the case unless your son or daughter approves.
  6. CONSIDER COUNSELING. If the matter involves criminal activity, it is likely your son or daughter is acting out due to personal emotional issues. Consider getting the child into counseling immediately. This not only helps when probation has to determine what should happen to your son or daughter on disposition; it also helps your child deal with the stress of the criminal charge and to explore the reasons they ended up in trouble in the first place.
THE JUVENILE PROCESS: Unlike adult court, the philosophy behind the Juvenile process is that the court is attempting to rehabilitate the minor so that he or she can become a productive member of society. In theory, a Juvenile petition that is found to be true is not a criminal conviction. However, it is still part of the person’s arrest record, or “rap” sheet, for the rest of their life. Also, if the minor is found to have committed a “strike” felony, that petition can be used against the person even after they’ve reached adulthood.

DETENTION HEARING: At the beginning of the case the court determines what is the best place for the minor to await hearing. This can either be in custody in Juvenile Hall; on Home Monitoring; or out on their own recognizance. This is an important part of the process, so you need an attorney who is familiar with the concerns the court and the probation department will have in determining whether your minor should be sent home.

PRE-TRIALS: In Humboldt County, the prosecutor and the defense attorney talk before court to determine if a resolution of the case is possible. You need an attorney who is willing to spend the time interviewing both the minor and his or her family to determine the possibilities for the case. Also, you should have an attorney who is familiar with the way pre-trials are conducted in Humboldt, which is different than in other counties.

JURISDICTIONAL HEARING: This is the trial of the matter, which is heard by a judge only. There are no juries in Juvenile Court.

707 HEARING: If the minor is accused of a serious felony, usually one of violence such as robbery or assault with a deadly weapon, the prosecutor can choose to have the minor tried as an adult. Before that can happen, the Juvenile Court must have a hearing. You need an attorney who is familiar with the law on 707 cases and with the concerns of the judges and prosecutors on these issues.

DISPOSITIONAL HEARING: This is not “sentencing” in the adult court sense of the word. The goal, according to the law, is how the court should treat the minor so that he or she can become a productive citizen. However, a disposition can include anything from outright dismissal (which is rare); sending the minor home on probation; some time spent in Juvenile Hall or a treatment facility such as the Regional Center; or sending the minor, in extreme cases, to the California Correctional Facility for Juveniles, formerly known as the Youth Authority. You need a lawyer who is familiar with the law and rules of Juvenile Court, as well as the considerations of probation and the court on disposition.