Juvenile Crime Attorneys in San Jose

Protecting Your Child’s Future

The juvenile justice system in California operates differently from the adult system, but that does not mean the consequences are minor. A juvenile conviction could significantly impact educational opportunities and future job prospects or even lead to incarceration. If your child has been charged with a crime in San Jose, you need a team of experienced juvenile defense attorneys to fight for that child’s future. At the Law Offices of William V. Pernik, we are familiar with the nuances of juvenile law and work tirelessly to ensure minors are treated fairly.

Why Juvenile Cases Require a Specialized Approach

California’s juvenile system prioritizes reform over retribution, and juvenile cases require legal strategies tailored to that system. In determining penalties, juvenile courts consider various factors, including the minor’s age and history and the severity of the alleged offense. Although rehabilitation is the goal, it is not guaranteed, particularly for serious charges such as violent crimes, drug-related crimes, or repeat offenses. Our San Jose juvenile crime attorneys advocate for alternatives to detention, such as diversion programs, community service, and counseling, to keep a child’s record clean and future intact.

Common Juvenile Crimes

Minors in San Jose may be charged with a wide range of offenses, from minor infractions to serious felonies. We defend juvenile clients against several crimes, including the following:

Drug offenses: Possession of controlled substances, possession with intent to distribute, or possession of drug paraphernalia can lead to severe consequences. Our goal is to secure rehabilitation-focused solutions rather than punishment.
Theft and shoplifting: A momentary lapse in judgment should not define a child’s future. We work to keep the child’s record clean and minimize the consequences of theft charges.
Vandalism and property crimes: Graffiti, destruction of property, and other similar offenses can lead to fines, probation, or time in a juvenile facility.
Underage DUI: California law is strict regarding minors and alcohol. A DUI conviction can lead to driver’s license suspension, fines, and higher auto insurance rates, impacting a minor’s future.
Assault and battery: Whether the incident involved a fight on school grounds or a more serious altercation, we can ensure the juvenile’s rights are protected and their side of the story is heard.
Sexual offenses: Allegations of sexual misconduct, including inappropriate online behavior or sexting, can have life-altering consequences for minors. We handle this type of case with discretion and sensitivity.

Understanding the Juvenile Justice Process in California

Knowing what to expect from the juvenile justice system can help families navigate this difficult time. The following are the basic steps of the process:

Arrest and detention: A minor who is arrested may be taken to juvenile hall or released to the parents, depending on the seriousness of the offense, the minor’s prior history, and other factors.
Detention hearing: If a juvenile is held in custody, a detention hearing is scheduled within 48 hours (not including weekends). This hearing determines whether the minor will remain in custody or be released while awaiting further proceedings.
Adjudication hearing: This hearing is the equivalent of a trial for an adult. It is heard and decided by a judge rather than a jury. The prosecution presents its case against the minor, and the defense fights to prove the juvenile’s innocence and have the case dismissed or the charges reduced.
Disposition hearing: This is the sentencing hearing for juveniles. If the minor is found guilty of the offense, the judge determines the appropriate penalties. A sentence may include probation, counseling, community service, or time in a juvenile facility in some cases.

When Are Minors Tried as Adults?

Although state law has changed several times in recent years, the current situation is that minors under the age of 16 cannot be tried as adults. In some instances, minors aged 16 or 17 can be tried as adults, but only for serious crimes and only when the judge in juvenile court agrees to transfer the case to adult court. Crimes considered serious enough to warrant transfer to adult court include murder, attempted murder, kidnapping, rape through force or violence, arson, robbery, assault with a firearm, and assault likely to cause great bodily harm.

In such cases, a transfer hearing is held, in which the court considers factors including the age of the minor, the severity of the crime, and the juvenile’s criminal history. If the case is moved to adult court, the juvenile faces much harsher penalties, potentially including a prison sentence and a permanent criminal record. Our seasoned San Jose criminal defense attorneys fight to keep cases in juvenile court, where rehabilitation is the focus.

What Parents in San Jose Need to Know

As a parent, you play a crucial role in your child’s defense. If they have been charged with a crime, this is what you should do:

Stay calm and get informed: Panic will not improve the situation, but legal guidance will. Get an experienced juvenile crime attorney involved as soon as possible.
Do not let your child speak to the police without a lawyer: Although police officers may seem friendly, it is important to remember that anything said can be used against your child.
Gather evidence: Collect any information that could help your child’s defense, such as witness statements, text messages, or surveillance footage.
Prepare for the process: Juvenile cases move quickly. Be prepared to attend hearings and comply with court orders to support your child’s case.

What Sets Our Firm Apart

At the Law Offices of William V. Pernik, we are excellent lawyers who genuinely care about the people we represent. We understand that each juvenile case is unique, and a child’s future is on the line. We are honored to offer a higher level of professionalism and legal skills than many San Jose law firms:

Experience in juvenile courts: Juvenile cases are handled differently from adult cases, and we thoroughly understand the system. From working with probation officers to negotiating with prosecutors, our experience with the local juvenile court system gives our clients an edge.
Strong advocacy for alternative sentencing: We believe juvenile justice should be about second chances. Our juvenile lawyers pursue alternatives such as diversion programs, community service, and counseling that keep the child out of the system and on the right path.
Protecting your child’s record: A juvenile record can follow a child into adulthood, affecting college admissions, job opportunities, and other prospects. We fight to have cases dismissed or charges reduced, and records sealed whenever possible.
Client-centered representation: We understand how stressful and overwhelming it can be to face criminal charges for minors and their parents. We keep you informed of developments in the case, answer all your questions, and craft strategies to achieve the best possible outcome.

If your child has been charged with a crime in San Jose, call the Law Offices of William V. Pernik at 408-669-4877 to find out how our skilled juvenile defense attorneys can help.