Torrance Juvenile Criminal Defense Lawyers

Juvenile Crime Terms

The skilled South Bay criminal defense attorneys at McGregor & Ernenwein have been successfully representing people accused of felony and misdemeanor crimes since 1987. If you are a person under the age of 18 who has been arrested for committing a crime, you should hire an experienced juvenile crimes defense attorney right away. Call McGregor & Ernenwein today to discuss your case with an accomplished California juvenile defense lawyer.

The following juvenile criminal defense terms will help you become familiar with some of the new terminology that you may hear during your juvenile criminal case:Abandonment: To give up control of a child, legally terminating parental rights; in many states abandonment is considered child abuse.

Abuse:

Improper care of another person by the legal guardian. Abuse comes in many forms, including physical, emotional, sexual, and financial.

Acquittal:

A judgment in a criminal case in which the defendant is proven to be “not guilty.”

Adjudication:

A delinquency hearing that is similar to an adult criminal trial but with different rules for the minor. Hearings for minors do not allow bail, ROR, a public trial, or a jury trial.

Administrative Procedure:

Any and all procedures involving the implementation of custody, care, or support orders by an executive agency and not a court or judge.

Age of Majority:

The age where a person is considered an adult and has the responsibilities and rights of an adult. In many states the age of majority is 18.

Appeal:

If an individual loses a trial they can request that a higher court review the trial court’s decision. The higher court (appellate court) can decide if the trial court made the appropriate decision.

Arraignment:

A court hearing in which a person is asked to plead “guilty” or “not guilty” to a crime that the person has been accused of.

Bail:

Security, typically in the form of money, for the release of a defendant in a legal matter who is expected to appear in court.

Best Interest of the Child Rule:

Legal doctrine that establishes that the court is in charge of determining what environment is best for raising a child.

Chambers:

The private office of a judge, which may be used for a hearing without the jury or public present. The judge’s clerks and secretary may work in the judge’s chambers.

CHINS (Child In Need of Supervision):

A term which is applied to status offenders adjudicated in the juvenile court.

Civil Protection Order:

A type of protective custody where an adult suspected of abuse is ordered by a police agency or a child welfare agency to leave the home.

Complaint:

Document explaining the alleged facts of the criminal case, typically a preliminary charge which is filed by the complaining party.

Conviction:

A judgment determining a defendant as “guilty” for a criminal charge.

Custodial Confinement:

A type of rehabilitation for juvenile delinquents in a secure facility separate from adults.

Delinquency Proceeding:

A court action that officially declares a minor to be a juvenile delinquent. A “juvenile delinquent” is an individual who has not yet met the age of majority and has been convicted of a crime in juvenile court.

Dependant:

Any individual who is under the care and supervision of another person.

Deposition:

A statement made in the presence of an officer who is authorized to administer oaths. These oral statements may be used during the trial, to learn discovery, or to examine a witness.

Discovery:

The procedure where attorneys discover things about the other party’s case while preparing for the trial. Discovery assists attorneys in learning facts about the case. This may include requests for documentation, interrogatories, or depositions.

Disposition:

Part of a delinquency process which is similar to “sentencing.” The judge will consider a variety of sentences for the defendant, rather than a standard sentence.

Diversion:

Alternative to a trial which is decided by the intake whether or not to send the juvenile to counseling or other social service programs.

Docket:

A log containing the entire history of every case in brief chronological entries with summaries of the court proceedings.

Due Process:

Constitutional guarantee that the law and legal proceedings should be fair.

Emancipation:

An individual under eighteen who has gained independence from his or her parents by means of marriage or the ability to support one’s self.

Evidence:

Any information that is presented during testimony or in documentation that is used to persuade the judge or jury in favor of either the plaintiff or defendant.

Felony:

Any of numerous serious crimes, including rape, arson, and murder, with a penalty of at least one year of incarceration.

5th Amendment:

Amendment that guarantees citizens the right to trial by jury, and the right to withhold self-incriminating statements.

Foster Care:

The temporary care of a child by a person other than their own parent, which is funded by Federal and/or State and arranged by the child welfare agency. This care includes appropriate food, clothing, shelter, medical treatment, and education for the child.

Guardian Ad Litem:

Meaning "For the Proceeding," which is in regards to adults who are in charge of the welfare of a child and the child’s legal interest.

Guardianship:

An individual or organization granted legal accountability for a child by a court order.

Informal Disposition:

Occurs when a minor admits guilt in an informal setting in a juvenile hearing.

Infraction:

A minor offense which is typically punished by a fine, rather than a jail term.

Intake:

A procedure which takes place before the preliminary hearing where a group of people discuss and decide if the case should be handled in a formal or informal manner. The group consists of the child, parent, police, intake officer, probation officer and other relevant people.

Judgment:

An official decision by an administrative agency or judge regarding the rights and claims of each party to an action. This is also known as an order or decree.

Jurisdiction:

A court’s legal authority to hear and decide a case within a certain geographic area; or deciding which geographic area has the authority to hear a case.

Minor:

An individual without the legal rights and responsibilities of an adult; usually a person who has not reached the age of majority. In many states a person reaches age of majority on his or her eighteenth birthday, acquiring the rights and responsibilities of an adult.

Miranda Warning:

A routine statement read to persons who are taken into police custody. The statement informs the arrested person of their legal rights, including the right to an attorney.

Misdemeanor:

A crime, such as simple assault, with a penalty of less than one year of jail time.

Neglect:

Failure by a parent to provide a minor child with basic life necessities. The adult does not have to have intent to abuse or neglect for the neglect to be proven.

Parole:

The release of a juvenile offender from custodial confinement before his or her sentence has ended; may also be referred to as “aftercare.”

Petty Offenses:

Any of various minor crimes where the offender is punished with a fine or a short period in jail.

Plea:

In a criminal case, the defendant's statement pleading "not guilty" or "guilty" in answer to the charges they are facing.

Pleading:

In juvenile court, a plea of "guilty" or "nolo contendere" will result in waiver of the right to trial, while a plea of "not guilty" will move the case to adjudication.

PPO:

Police Probation Officer

Preliminary Hearing:

When a juvenile appears before a judge or magistrate where criminal charges are formally presented. This process is similar to an arraignment in adult court.

Preventative Detention:

When a minor lives in a different environment or remains in custody until their adjudication occurs.

Probation:

No more than two years in which an adjudicated juvenile is put back into his or her community and must abide by certain rules, including supervision by a probation officer, assigned by the court. Juveniles may not request incarceration, rather than probation.

Prosecute:

The legal term for charging an individual with committing a crime. A criminal case is tried by a prosecutor for the government.

Protective Custody:

A custody arrangement in emergency situations where a child welfare agency, hospital, or police agency temporarily cares for a child who is in danger.

Public Defender:

A lawyer who is employed by the court to provide legal representation for defendants who cannot afford to hire their own council.

Restitution:

When a defendant is required to reimburse the victim for damages.

Sentence:

A court ordered penalty for a defendant who has been convicted of a crime.

Status Offense:

An action which is only illegal when performed by minors, including running away and curfew violation.

Statute:

A law passed by a legislative branch of government.

Testimony:

An acknowledgment of fact made orally by a witness while under oath in a court of law.

Verdict:

The result of a judge or jury of a civil case that proves the defendant of a crime to be either innocent or guilty.

Waivers of Jurisdiction:

A court action which states that a juvenile is eligible for a trial as an adult due to the heinous type of crime or that rehabilitation is unlikely to help.

Warrant:

A written order issued by a magistrate instructing law enforcement to arrest or search an individual, or the property of the individual, as identified in the warrant.

Witness:

A person who has knowledge of an event who must testify that information in a court of law.

If your child has been arrested for a crime in California’s South Bay, contact a Torrance Juvenile Crime Defense Attorney at McGregor & Ernenwein today!