If your child has been arrested, you’re about to navigate a stressful legal landscape. As a parent, it’s crucial to remain calm, understand your rights, and support your child effectively.
Below, we’ll provide some practical advice to help you manage this challenging situation.
As always, if you need legal help with a specific situation, it’s best to speak directly with a skilled criminal defense attorney. Call Ventura attorney Robert M. Helfend at 805-273-5611 for a free case evaluation.
What happens immediately after arrest?
When a minor is arrested, one of several outcomes may occur depending on the circumstances:
- Your child may be documented and released without further detention.
- Your child could receive a “cited back” order to return to the police station later.
- A formal Notice to Appear might be issued, detailing court dates or program requirements—review it carefully.
- Authorities may transfer your child to a support agency providing temporary shelter, counseling, or care.
- Your child could be placed in juvenile hall (detention). If detained, your child has the right to make two phone calls within an hour:
- One call to a parent, guardian, family member, or employer.
- One call to an attorney for legal advice.
Stay calm but act quickly
Remaining calm is essential — panicking will only complicate matters. Promptly consider legal representation to navigate the system effectively. Here’s how to proceed:
- Locate your child – Confirm whether they are at a police station, juvenile center, or another facility.
- Clarify charges – Minors under 18 typically face juvenile court, but serious offenses may result in adult charges (under Prop 57).
- Record arresting officer details – Note the officer’s name, badge number, and agency.
- Gather documentation – Obtain any paperwork provided by law enforcement, and document every detail for future reference.
- Seek legal representation – Engage a skilled attorney immediately. If finances are limited, a public defender can be appointed. Remember, professional legal advice is essential—avoid relying solely on friends or family for guidance.
Understand your child’s legal rights
Minors have constitutional protections, including Miranda rights, similar to adults. California law mandates minors consult with legal counsel before custodial interrogation or waiving Miranda rights. This ensures minors are not coerced into forfeiting their rights unknowingly.
Instruct your child to remain silent without an attorney present. Parents or guardians also have the right to attend interrogations.
Your child’s rights include:
- Right to remain silent – Police cannot punish minors for refusing to speak.
- Right to an attorney – Free legal representation is available if you cannot afford a private lawyer.
- Right to confidentiality – Juvenile records are generally sealed (though accessible to schools in certain cases).
- Parental access – Parents have the right to attend hearings and access records.
- Right to language assistance – Request any necessary language services.
Receiving a notice to appear
If your child receives a Notice to Appear, the situation typically unfolds in one of four ways:
- Your child receives a warning and is released.
- Community service is offered in lieu of court proceedings, requiring a signed agreement. Upon successful completion, the court releases the minor from obligations.
- The case is forwarded to the district attorney to decide on filing charges.
- Your child is detained, and the district attorney files charges within two days, followed by a detention hearing.
Juvenile justice system process in California
If the situation escalates to formal court proceedings, here’s an overview:
Petitions filed
A case formally begins with a petition filed by the Probation Department or District Attorney:
- 602 Petition – For crimes (e.g., theft, assault, drug offenses). If proven, the child becomes a “ward” of the court.
- 601 Petition – For non-criminal “status offenses” like truancy or running away. If proven, the child becomes a “status offender.”
Key rights
- Parents and children receive copies of petitions—review them carefully before court dates.
- Teens over 16 facing serious charges might be tried as adults—your attorney will guide you through this.
Court process steps
Detention hearing (initial court date)
- Your child is assigned an attorney (if they don’t already have one), hears charges, and enters a plea (admit or deny).
- The judge decides whether your child stays detained or is released to you.
Pretrial conferences
- Meetings to discuss evidence issues, potential resolutions, or plea agreements.
Transfer hearing (for serious crimes)
- For minors 16+ facing serious charges, a judge decides whether to transfer the case to adult court.
Jurisdictional hearing
- Conducted by a judge (no jury).
- The district attorney must prove guilt beyond a reasonable doubt.
- If charges are dismissed, your child is released. If charges are proven, sentencing follows.
Sentencing/disposition hearing
- The judge reviews a probation report, including input from the minor, parents, and victims.
- Possible outcomes include:
- Probation at home – Up to 6 months with rules and probation officer supervision.
- Out-of-home placement – Relatives, foster care, group homes, or probation camps.
- Treatment facility or DJJ – Rarely, minors may be placed in specialized facilities.
Get expert legal representation — contact Robert M. Helfend today
Receiving news of your child’s arrest can be frightening and uncertain.
Robert M. Helfend stays current with all legal developments, ensuring you have experienced support and a strong defense strategy. Since 1984, Robert M. Helfend has successfully defended thousands of clients, achieving favorable outcomes and recognition from esteemed organizations such as Lead Counsel, SuperLawyers, and the National Trial Lawyers Top 100.
For a free case review, call us at 1-800-834-6434 today.
Published April 12, 2025.