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Juvenile Crimes

When a minor is arrested in California, the system moves differently than it does for adults — but that doesn’t mean the stakes are low. A juvenile adjudication can affect a young person’s education, military eligibility, professional licensing, and in serious cases, result in confinement in a state facility. Worse, certain offenses allow the prosecution to try a juvenile as an adult, which puts an adult criminal record — and adult sentencing — on the table. At the Law Office of Nic Cocis, we defend minors facing criminal charges in Murrieta and throughout Southwest Riverside County. Nic Cocis has handled juvenile matters since 1999, and his background inside a prosecutor’s office gives him a clear view of how these cases are evaluated from the start.

How California’s Juvenile Justice System Works

The Juvenile Court Process and What Sets It Apart

California’s juvenile justice system operates under Welfare and Institutions Code § 602, which grants the juvenile court jurisdiction over minors — anyone under 18 — who are alleged to have violated a criminal law. The system’s stated purpose is rehabilitation rather than punishment, but the distinction matters less than many families assume. Confinement in a Division of Juvenile Justice (DJJ) facility is still confinement. A sustained petition — the juvenile equivalent of a conviction — still creates a record with real consequences.

The juvenile court process begins with an arrest and a decision by probation officers about whether to release the minor, place them on informal probation, or refer the case to the District Attorney for formal petition. If a petition is filed, the minor appears before a juvenile court judge — not a jury — for a jurisdictional hearing that functions like a trial. If the petition is sustained, the court holds a dispositional hearing to determine the appropriate consequence, which can range from probation conditions to placement in a group home or state facility.

Critically, the minor has no right to a jury trial in juvenile court. The judge decides both guilt and disposition. That makes the quality of the legal argument, the presentation of mitigating factors, and the attorney’s relationship with the court more consequential than in a standard adult proceeding.

Fitness Hearings and Adult Court Transfer

The most serious risk in a juvenile case is a fitness hearing — a proceeding under Welfare and Institutions Code § 707 to determine whether the minor should be tried as an adult. The prosecution can seek adult court transfer for any minor 14 or older charged with certain serious offenses, including murder, robbery, rape, and kidnapping. For minors 16 or older, the range of transfer-eligible offenses expands considerably.

The fitness criteria evaluate five factors: the degree of criminal sophistication, whether the minor can be rehabilitated before the juvenile court’s jurisdiction ends, the minor’s prior delinquency history, the success of prior attempts at rehabilitation, and the circumstances and gravity of the offense. A finding of unfitness means the case proceeds in adult court, with adult sentencing exposure and a permanent adult criminal record.

Once a minor is 14 or older and charged with specific offenses — murder with special circumstances, for example — the prosecution can also file directly in adult court under Penal Code § 707(d) without a fitness hearing. We evaluate transfer risk from the first conversation and build the record that supports keeping the case in juvenile court.

The Sealed Record Question

One of the most common misunderstandings about juvenile court is that records are automatically sealed and nothing follows the minor into adulthood. California law does allow juvenile records to be sealed under Welfare and Institutions Code § 781, but the process is not automatic and not universal. Certain serious offenses — particularly those that would constitute felonies if committed by an adult — may be disclosed to specific agencies even after sealing. We advise on sealing eligibility from the beginning of every juvenile matter and pursue it at the appropriate time.

How We Can Help with Juvenile Charges

Nic Cocis has handled juvenile cases in Southwest Riverside County courts for over 25 years, including matters involving fitness hearings and serious felony allegations. The defense in a juvenile case involves the same factual and legal analysis as adult court — but the dispositional phase, where the judge decides consequences, is where skilled advocacy around rehabilitation, family support, and the minor’s circumstances makes the biggest difference.

Our juvenile defense services include:

Representing minors at detention hearings, jurisdictional hearings, and dispositional hearings
Contesting fitness for adult court transfer and building the record for juvenile court retention
Challenging the admissibility of statements made by minors during custodial interrogation
Presenting mitigating evidence at the dispositional phase to minimize consequences
Pursuing diversion, informal probation, and restorative justice options where available
Advising on the juvenile record sealing process and long-term record consequences

Statements Made at the Scene Matter Differently for Minors

California law requires that minors be advised of their Miranda rights before custodial interrogation, but studies consistently show that minors are significantly more likely than adults to waive those rights and speak to police without fully understanding the consequences. Statements made by minors under stress, without a parent present, and without understanding that cooperation doesn’t guarantee leniency are common — and they can be challenged. We examine every statement made before and after arrest.

What to Expect When You Work with Us

01

Immediate Family Consultation

When a minor is arrested, parents are often as overwhelmed as the young person. We explain the process, the timeline, and the realistic range of outcomes in plain terms, and we advise the family on what to do and — critically — what not to say to investigators or probation officers before we’ve had a chance to assess the case.

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02

Case Investigation and Record Review

We review the police report, any statements made by the minor, school records, and any prior juvenile history that will be before the court at the dispositional hearing. Prior history matters — but so does a demonstrated record of support, academic engagement, and community ties.

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03

Fitness and Diversion Assessment

We assess transfer risk early and evaluate every available diversion option. Informal probation, deferred entry of judgment under Welfare and Institutions Code § 790, and restorative justice programs are all possibilities depending on the charge and the minor’s history. The goal is always to resolve the case in a way that doesn’t follow the minor for the rest of their life.

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04

Hearing Representation and Dispositional Advocacy

If the case goes to a jurisdictional hearing, we present the defense to the court. If the petition is sustained, we advocate at the dispositional phase for the least restrictive consequence consistent with the facts — with the minor’s future squarely in view.

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Facing Juvenile Charges in Murrieta or the Surrounding Area?

A juvenile arrest doesn’t have to define your child’s future. Contact the Law Office of Nic Cocis for a consultation. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.

Why Choose the Law Office of Nic Cocis?

Juvenile and Adult Court Experience

Has handled the full spectrum of juvenile matters, including fitness hearings and serious felony allegations

25+ Years in Southwest Riverside County

Familiar with the juvenile court, probation department, and local prosecutors

Former DA’s Office Intern

Understands how the prosecution evaluates juvenile cases

Multilingual Services

English, Romanian, and Spanish available

Frequently Asked Questions

Yes. Military enlistment requires disclosure of juvenile adjudications, and certain sustained petitions — particularly those involving violence, weapons, or drug offenses — can disqualify a minor from service or require a waiver. College applications increasingly ask about juvenile adjudications as well, and financial aid eligibility can be affected by drug-related findings. A sealed record provides more protection, but sealing isn’t automatic. We advise families on the long-term consequences of each outcome from the beginning, so decisions are made with a full picture of what’s at stake.

It can be — and it’s one of the most problematic aspects of juvenile interrogation law. California law does not require that parents be present during police questioning of a minor, and school resource officers and local law enforcement can question students on school grounds. However, the minor’s right against self-incrimination still applies, and any custodial interrogation requires Miranda warnings. Whether a school-based questioning session was “custodial” — triggering Miranda requirements — depends on the circumstances. We examine every statement for admissibility.

Deferred entry of judgment (DEJ) under Welfare and Institutions Code § 790 allows certain first-time juvenile offenders charged with felonies to admit the allegations, complete a program of supervision and counseling, and have the petition dismissed upon successful completion — with no sustained finding on their record. It’s available when the offense is not one of the serious or violent felonies listed in § 707(b), the minor has no prior sustained felony petitions, and the minor is found suitable by the court. Not every case qualifies, but where DEJ is available it’s often the best outcome possible. We evaluate eligibility at the start of every applicable case.

A juvenile probation violation is treated seriously by the court. The probation officer files a notice of violation, and the minor appears before the juvenile court judge — without a jury — for a hearing on whether the violation occurred. If sustained, the court can modify probation conditions, add new conditions, or impose a more restrictive placement, including commitment to a county camp or DJJ facility. We represent minors at probation violation hearings and present the context — school performance, family circumstances, the nature of the violation — that affects the court’s dispositional decision.

Areas We Serve

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