1. An Overview of Juvenile Delinquency R. Konrad Moore Hosted by Kern County Public DefenderKern County Network for Children October 20, 2014 Presented by Teryl Wakeman

2. Slide Presentation Syllabus Overview of Juvenile Delinquency Context: Dependency vs. Delinquency Welfare And Institution Code section 602 – Minor's Rights – Court Process Step by Step – Outcomes Ancillary Consequences

3. Overview: Delinquency vs. Dependency Delinquency WIC 602 et. Seq. Minor found by court to have committed a crime beyond a reasonable doubt and declared a ward of the court. Probation Officer Dependency WIC 300 et. Seq. Minor declared a dependent of the court due to abuse, neglect or other failure of parent or guardian. Social Worker

4. Overview: Pre-Petition Process Delinquency –Alleged Misconduct –Police Report –Probation Department –District Attorney –Court Process begins Dependency –Alleged Misconduct by parent/guardian –DHS investigates –County Counsel –Court Process begins

5. - Minors do not plead guilty or not guilty - Minors admit or deny - No Right to Bail - No Right to a Jury Trial Minor's Rights - Differences

6. Minor's Rights - Similarities Most of the Same Rights: –Right to Attorney –Right to Remain Silent –Right to Confrontation –Speedy Trial –Right to be Present –Subpoena –Subpoena Duces Tecum

7. Initial Hearing – Part One Similar to Arraignment in Adult Court Minor Advised of Charges Respond to Petition Custody Status

8. Initial Hearing – Part Two - Custody Status: (1) Straight Release to Parent or Guardian (2) Released on House Arrest (3) Detained (Change in Circumstances / Parent Card) - Joint Assessment Under WIC 241.1 - Is the Minor Competent? - Petition Designations (00,01,02...) - Who can attend court hearings

9. Readiness Hearing Similar to a Pre-Trial Conference DA (Petitioner) Makes an Offer: -Accept the Offer -Reject the Offer -Counter-Offer Continue the Case -Further investigation -Waiting for a Judge New Case

10. Contested Jurisdiction Hearing - Fighting the Case - Proof Beyond a Reasonable Doubt - Similar Procedures: (1) Application of Evidence Code (2) Same Pre-Trial Motions (3) Same Motions In Limine - Court Finds Some or All Charges True or Not

11. Disposition Hearing Lost at Trial Punishment Felony vs. Misdemeanor Confinement Time Calculated Probation Imposed

12. Outcomes Information Probation (WIC 654) Probation w/out WardShip (WIC 725) Juvenile Court Work Program Juvenile Hall Camp Owen / CrossRoads / Pathways Group Home Placement Division of Juvenile Justice (CYA)

13. Ancillary Consequences Three Strikes California Driver's License Firearm Restrictions Arson (No Camp Owen) Sex Offender Registration Military Service

14. Record Seal - Not for a Strike - Welfare and Institutions Code 780 - Probation Department Usually Initiates - Public Defender assistance

15. Closing Remarks – Contact Information Teryl D. Wakeman, II Deputy Public Defender 2100 College Avenue, 2 nd Floor Bakersfield, CA 93305 wakemant@co.kern.ca.us