When a juvenile engages in crime, the law is lenient to ensure they receive a second chance to transform their behavior and attitude. The juvenile justice system advocates for treatment and rehabilitation rather than punishment, even for severe crimes. Generally, juvenile offenders are placed on probation under strict conditions, like mandatory school attendance, drug and alcohol treatment, and rehabilitation. Sometimes, it is difficult for them to abide by all the court-issued conditions, constituting a probation violation.
Probation violation is a grave matter. Juvenile court judges do not take it lightly. There should be consequences if a juvenile violates one or more probation conditions. Judges' action depends on the type of probation the juvenile is in and the gravity of the violation. The judge can revoke the minor’s probation and take them into custody. Alternatively, they could resume the minor’s criminal charges that resulted in probation.
If your loved one has violated probation, you need the help of a skilled criminal attorney to understand what will likely happen to them. An attorney will also help fight for a favorable outcome in their case.
Consequences of Violating Non-Wardship Probation
Juvenile courts have many options when determining the proper dispositions for juvenile offenders. Non-wardship probation is usually a prevalent disposition for minors who have committed lenient charges and could benefit from treatment and rehabilitation. These juveniles are placed under the supervision of a probation department. The department appoints an officer to work closely with the minor throughout their probation, offering guidance and ensuring that the minor does not violate any court-issued probation conditions.
When the system places a minor on probation, there must be some conditions by which the minor will abide. In this probation, the department sets these conditions based on the underlying violation and the changes expected from the minor. For example, the probation officer can order the minor to continue schooling, observe a particular curfew, or avoid going to some places or meeting with some people. The officer will see that the minor remembers and abides by these conditions throughout their probation.
Generally, a non-wardship probation lasts for up to six months. The department will evaluate the minor’s progress through reports from the probation officer to determine if the system has achieved the desired results. Remember that the minor serves this kind of probation in their home, with their parents or guardians. The probation officer must work around the minor’s parents, guardians, and other family members to ensure the department meets its probation goals.
Minors who qualify for non-wardship probation are first-time and low-level offenders. The probation department must determine the minor’s suitability to serve probation with their parents. If the minor qualifies for non-wardship probation, the department will take action before referring the minor’s case to a prosecutor for filing. Instead of taking the minor through the juvenile justice system, the department tries informal probation and evaluates its effectiveness.
During probation, the probation department expects the minor to do the following:
- To participate in group or individual counseling for behavior modification
- To enroll in and complete an educational program (this depends on how old the juvenile is)
- To undergo drug or alcohol treatment
- To stop using drugs and alcohol
- To engage in community service
- To meet regularly with their probation officer
- Not to engage in any crime during the probation period
- To comply with a particular curfew
- To pay restitution to victims of their crime
- Not to associate with specific people or visit specified locations
- To submit to random drug tests and searches
Remember that the probation department sets conditions based on the underlying violation. Thus, this is not an exhaustive list of all the probation conditions your loved one could receive.
Minors are advised against violating any given probation conditions, which have grave consequences. The probation officer could refer your loved one’s case to the prosecutor for filing if they violate non-wardship probation. When this happens, the minor is subjected to a lengthy and stressful court process that could result in grave consequences.
Example: A 14-year-old Susan is accused of robbery, together with her older friends. After the arrest of Susan and her friends, the probation department chooses to place Susan on non-wardship probation instead of pursuing charges against her. However, she is ordered not to communicate with any of her associates or visit the places she previously visited as part of her probation conditions. However, Susan violates her probation conditions when her older associates are released on bail pending criminal trial. The probation department resolves to pursue Susan’s case through the juvenile justice system.
The nature of probation violations determines the kind of action the probation department takes. If the violation is minor, the department can issue a warning and allow the minor to continue probation. However, if the violation is grave or the minor fails to abide by all their probation conditions, the probation department can refer the case to a juvenile court.
Consequences of Violating Deferred Entry of Judgement
Deferred entry of judgment is a type of probation whereby the court defers judgment on a minor to allow them to undergo treatment and rehabilitation, then proceed with the case once the treatment or rehabilitation is over. In this kind of probation, a juvenile offender does not complete the legal processes within the juvenile justice system. The judge suspends the determination of their case until it is necessary to continue. If the minor completes the treatment or rehabilitation program as ordered, the judge will dismiss all their charges. This means the judge will not pursue the legal matter further.
However, suppose the juvenile violates their probation by failing to enroll, complete, or abide by the conditions of the treatment or rehabilitation program. In that case, the judge will continue their case from where they left off.
This probation works very well in cases where there is hope to rehabilitate a minor. For example, if a child engages in a crime for the first time or commits a lenient offense, the judge could opt for rehabilitation and treatment instead of taking them through a lengthy court process.
However, the juvenile must first admit wrongdoing to qualify for this probation. Although juvenile offenders do not plead guilty in the juvenile justice system, they must at least admit to the allegations presented in court by the prosecutor in the filed petition. Then, the judge, with the assistance of the prosecutor and the probation department, will consider the individual needs of the juvenile. For example, suppose the juvenile’s criminal actions are due to a drug or alcohol problem. In that case, the judge will require them to enter and complete a treatment and rehabilitation program before the court decides on their case.
Some juveniles are required to enter an anger management program or complete a counseling program, depending on the underlying issue. If the juvenile completes the program, their probation will be complete, and the judge can continue or discontinue their case, depending on their performance. In most cases, successful completion of this program is marked by a favorable report from the probation department. An officer is mandated to ensure that the minor follows through with the court requirements. They must provide a report after probation, from which the judge will determine the next course of action.
Typically, this probation lasts for up to six months. If the minor complies with the terms of their probation, the judge will dismiss the petition against them. Additionally, the judge can seal their juvenile records to ensure they do not appear during a background check. This will protect the minor from all disabilities and the negative impacts of having a criminal record.
Deferred entry of judgment works very well when juvenile offenders understand its benefits and commit to making it work. However, this does not always happen; sometimes, juveniles violate their probation. Your loved one can violate this probation in many ways, including the following:
- Failing to register in the court-ordered treatment or rehabilitation program
- Registering but failing to commit to the program
- Registering and committing to the program but failing to complete the required term
The consequences of these violations can be severe or lenient, depending on the type of violation and the underlying criminal charges. The judge could revoke the probation if the probation department reports that your loved one did not register for or commit to the treatment or rehabilitation program. When this happens, the juvenile’s case will continue from where it was left off. Since the juvenile will have admitted to criminal acts, the judge will continue the case by considering the appropriate dispositions for the juvenile’s behavior. The judge will not be lenient when determining the proper disposition, which could result in detention.
Violating probation will also cause the judge to change their mind about dismissing the juvenile’s case. This means that you and your loved one must go through the lengthy, complex, and tedious legal process as you await the final judgment on your child’s case.
If the judge finds out or suspects that the probation violation was partly or entirely your fault as a parent or guardian, they could declare your loved one a ward of the court. This means you will lose your responsibility towards your child to the court. The court will make critical decisions regarding your child, including where they will live and school. Alternatively, the judge can send your child to formal probation once they violate an informal probation or the conditions for deferred entry of judgment.
Consequences of Violating Formal Probation
In the juvenile justice system, the court imposes formal probation after reviewing the evidence against the minor and considering the minor’s defense. In most cases, judges use formal probation as a disposition after hearing and concluding the petition against a juvenile offender. Probation is one of the oldest rehabilitation or correction programs courts use for juvenile and adult offenders. It includes serving a sentence outside confinement but under strict probation conditions. The conditions minors on formal probation receive are usually geared toward behavior and attitude change rather than punishing their behavior.
After hearing a juvenile’s case, the court judge must decide what to do with the minor. If the allegations are unsubstantiated or the minor fights the petition successfully, the judge will dismiss the case and send the minor to their parents. However, the judge decides their proper disposition if there is compelling evidence that the minor engaged in a crime. Judges use formal probation to allow minors to serve their time at home, with their parents, and while continuing schooling. However, the judge, or probation department, sets probation conditions to which the minor must adhere during this probation.
For example, the court could order the juvenile to continue schooling, undergo counseling and therapy, submit to random alcohol or drug tests, or engage in any criminal activity during probation. Some of these conditions are too strict for the minor to follow through. For example, a juvenile may struggle to stay away from their friends or favorite places. If they are fighting an addiction, they could relapse one or two times during their probation. These constitute probation violations, which are considered grave offenses.
When serving formal probation from home, a juvenile cannot leave except when attending school or a particular event. If their probation conditions are too strict to follow, they will likely face the following consequences:
- The judge could continue probation but add more strict probation conditions to the minor
- The judge could immediately remove the juvenile from their home and confinement to a probation camp, juvenile hall, or a facility under the Division of Juvenile Justice.
Strict probation conditions will worsen the juvenile’s situation. Sending the juvenile to a detention facility is also the most extreme disposition for any juvenile offender. Generally, the consequences of probation violation are grave, especially for a minor. However, you can help your loved one by ensuring they have proper legal representation throughout all court processes. In addition to representing your child’s interests in court, an attorney will ensure that the court’s final decision is favorable for your loved one.
How Juvenile Probation Violation Hearings Are Conducted
Before sending a minor to probation, the probation department must prepare the minor well with information to ensure they understand what probation means and entails. The minor is given the probation conditions, which an officer explains to ensure they know their meaning. The probation officer also conducts a home visit to ensure that it will be possible for the minor to abide by all probation conditions. For example, the minor’s parents and immediate family must be willing and ready to support the minor in achieving effective behavior and attitude change and meeting the probation goals.
Parents must inform the probation officer immediately when a probation violation occurs. The officer can take immediate action based on the nature of the violation and the underlying criminal charge. For example, if the violation is minor, the probation officer can warn the minor against further violations. However, they must inform the prosecutor or judge about major violations for further action.
If the violation occurs on informal probation, the probation officer must inform the prosecutor to ensure they file a petition against the minor in court. The judge must be notified immediately if the violation occurs on a deferred judgment or formal probation entry.
The judge will hold a hearing to determine the circumstances and consequences of the violation. The minor is allowed to defend their action or inactions during this hearing. Although the prosecutor bears the burden of proof in cases like these, the juvenile can fight the prosecutor’s evidence and statement to trigger a positive reaction from the judge. They can also present mitigating factors through their attorney to push for a more lenient outcome.
After the hearing, the probation department will make a report recommending the right course of action the court must take against the minor. The department must consider the nature of the underlying criminal charges, the violation, and the minor’s needs. If the officer feels the minor will benefit more from detention than probation, they recommend it to the court. However, if they think that detention is too harsh for the minor, they could suggest that the court give the minor another chance at probation.
If the probation department’s recommendation is unfavorable for your loved one, you can appeal the decision through your attorney.
Find a Competent Criminal Attorney Near Me
Does your loved one face charges in Van Nuys for violating their juvenile probation?
You can benefit significantly from a skilled criminal attorney's advice, support, and assistance. An attorney will ensure you understand the gravity of the violation, its possible consequences, and your child’s options. They will also fight by your side to push for a favorable outcome.
At Leah Legal, we have extensive experience handling juvenile probation violation cases. We can help you push for a favorable outcome in your loved one’s case. We will ensure you understand what is at stake and utilize our best defense strategies to protect your child’s best interests. Call us at 818-484-1100 for more information about your case and our services.