When minors under the age of 18 commit crimes, their cases are typically handled in juvenile court. Unlike adult court, juvenile court does not involve a jury trial. Instead, a judge reviews the evidence presented by the prosecution and determines whether the minor is guilty.

Juvenile courts focus on rehabilitation rather than punishment, offering a variety of sentencing options—also known as “disposition orders.” These sentences generally fall into two categories:

  • Incarceration
  • Non-incarceration

Incarceration does not always mean time in a traditional jail or prison. Juvenile court judges have multiple confinement options based on the severity of the offense and the offender's prior history.

If you or a loved one is facing juvenile charges, having an experienced juvenile defense attorney is crucial. The legal team at Wallin & Klarich can provide an aggressive defense to help minimize penalties and avoid incarceration. If you need a skilled juvenile lawyer in San Diego, our team has the experience and dedication to protect your rights.

Incarceration Options for Juvenile Offenders

If a judge determines that a juvenile has violated the law, incarceration may be one of the penalties imposed. Here are some of the common forms of juvenile confinement:

  • Home Confinement (House Arrest): The juvenile must remain at home, except for attending school, counseling, or other court-approved activities.
  • Placement with a Guardian or Foster Home: Instead of staying with their parents, the minor may be ordered to live with a relative, in a group home, or with a foster family.
  • Juvenile Detention Center (Juvenile Hall): A short-term stay in a juvenile facility, often for minor offenses.
  • Probation Following Juvenile Detention: Some juveniles may be required to serve time in a detention center before being placed on probation.
  • Secure Juvenile Facility: For more serious crimes, juveniles may be sentenced to a long-term stay in a high-security juvenile facility.
  • Adult Jail: In extreme cases, particularly for violent offenses, a minor may be sentenced to time in an adult county jail or state prison.
  • Blended Sentences: In some jurisdictions, a minor may serve time in a juvenile facility until turning 18, after which they are transferred to an adult prison.

Non-Incarceration Punishments for Juvenile Offenders

Not all juvenile cases result in incarceration. In many cases, judges opt for rehabilitation-focused penalties, including:

  • Verbal Warning: The judge reprimands the minor without imposing further punishment.
  • Fines: The juvenile may be required to pay a monetary fine to the government or compensate the victim.
  • Counseling: The court may order the offender to attend counseling or therapy sessions.
  • Community Service: The juvenile is required to complete a specified number of service hours to give back to the community.
  • Electronic Monitoring: The offender may have to wear an ankle or wrist monitor to track their movements.
  • Probation: The juvenile must comply with certain conditions, such as attending counseling, obeying curfews, avoiding certain individuals (e.g., gang members), and completing anger management programs. A probation officer monitors compliance, and failure to follow probation terms can result in harsher penalties, including incarceration.

Can Juveniles Face Adult Criminal Penalties?

Yes, in some cases, juveniles can be tried as adults, particularly for serious offenses. If the offender is at least 14 years old, they may be transferred to adult court for crimes such as:

  • First-degree murder
  • Rape
  • Sexual assault with multiple perpetrators
  • Lewd acts on a child under 14
  • Forcible penetration with a foreign object
  • Sodomy or oral copulation by force or threat

Juvenile court is designed to rehabilitate young offenders, but serious crimes can lead to severe penalties, including adult sentencing. If you or a loved one is facing juvenile charges, seeking a skilled juvenile lawyer in San Diego is essential to achieving the best possible outcome.