It’s not an uncommon opinion that if a child is charged with a crime, their parents should be held legally responsible. In the state of California, this can be the case, depending on the specific crime. Parents may also be held liable for damages to property or injuries to people. However, it’s extremely rare that a parent will actually be charged with a crime when their child goes through the juvenile court system.
The basics of the juvenile court system
When a child commits a crime, they typically go through the juvenile justice system. Why? Because society understands that a child under the age of 18 doesn’t have the mental development to understand the consequences of their actions the way an adult does. As a result, society doesn’t believe that a child should have the same punishment as an adult would.
Status offenses can affect children
The juvenile court system also makes it possible for a child to be charged with something that wouldn’t be illegal for an adult to do. These age-based crimes are known as status offenses. For example, if a 16-year-old is caught with beer, that’s illegal. It wouldn’t be for someone who was 21 years old.
Trials in juvenile courts
In many ways, trails in juvenile courts work the same way a court works for adults: It’s the job of the prosecutor to prove that the defendant is guilty beyond a reasonable doubt. The criminal defense attorney then works to prove that they’re not. There is one big difference though – juveniles don’t have the right to a trial by jury. Instead, their case is both heard and decided by a judge.
The purpose of juvenile court is to teach lessons about actions and their potential consequences. As a result, juveniles generally have lesser penalties than an adult would for the same crime.
Charges for parents: Contributing to the delinquency of a minor
While it’s extremely unlikely, it is possible for a parent to be looking at criminal charges if their child committed a criminal act. The most likely charge in this case is contributing to the delinquency of a minor. This is charged if the parents act, or don’t act, in such a way that the child becomes a dependent of the juvenile court system, they become a juvenile delinquent, or they become a habitual truant.
It’s extremely difficult for the prosecution to prove this, because they must prove that you the way you supervised, protected, or controlled your child was “grossly unreasonable.” One example is a parent who gave drugs to a 14-year-old child. This is a misdemeanor charge and can result in up to 364 days in jail and fines of up to $2,500.
Parents can face civil liabilities
It’s much more common for a parent to face civil liabilities as a result of their child’s actions. In short, this means that you’d have to pay for damages and / or injuries caused by your child. For example, if your child gets into a fight and another child is injured, you could be responsible for that child’s medical bills.
If you have questions about juvenile or adult criminal defense options, reach out to Law Office of Michael L. Fell at (949) 585-9055 today for your free case evaluation.