Matthew J. Ruff Appellate Practice Law Blog on Lawyers.com

In California, Juvenile Court orders may be appealed from any final judgement as wells as denials of  700.1 motions.  Juvenile Court appeals are commenced with a filing of a notice pursuant to Penal Code section 1240.1.  The Juvenile notice of appeal must be filed within 60 days of judgemnt or 30 days of denial of rehearing.  If your child was facing a fitness hearing in juvenile court and was send to adult court, counsel only has 20 days from the first arraignment in adult court to file a writ pursuant to Rule 5.770(i).  As a practical matter, the Criminal Defense Lawyer should continue the arraignment for a minimum of 30 days to have an opportunity to review the court transcripts from the juvenile court record concerning the fitness hearing.  The time needed to prepare the court transcripts of this proceeding by the Court Reporter alone will generally take two weeks.  As long as the minor has not been arraigned in adult court, the 20 days time period will not have yet commenced. 

It should be noted that a minor cannot file an appeal while particpating in informal probation (Welfare and Institions Code section 654) pursuant to Ricki J. Superior Court (2005) 128 Cal.App.4th 783.  Similarly, a minor cannot challen ge the denial of a motion to supress while participating in Deferred Entry of Judgment .  The California Court of Appeals  in the case of In re Mario C. (2004) 124 Cal.App4th 1303 held that if the minor fails to succcessfully complete DEJ and a disposition is imposed, the child may appeal the denial of his supression motion. 

A common issue that comes up in California Juvenile Courts is when the Juvenile Defense Attorney tries to supress the voluntariness of a confession.  All too often, minors are told by police that if they wrote an apology letter it would look good for their case.  Police do not generally deliver these letters to the complaining party.  This is generally a ploy used to build a case against the minor.  They are also told that it would be good for their case if they cooperated and that the arresting officer or detective would make a notation in the police report that the child was cooperative.  On many other occassions, interrogating police officers pull out their handcuffs and show it to the minor, often telling the child what will happen to them if they don't tell the truth.   Finally, minors are often told by police that if they admitted to doing certain things, they would be allowed to go home.  Faced with the prospective of going into custody, a childs statements clearly were not freely and voluntarily given.  Unfortunately admitting the petition is considered a waiver of these issues.  In the case of In re John B. (1989) 215 Ca.App.,3d 477, the California Court of Appeals held that the issue of the voluntariness of a confession may not be reviewed on appeal if the minor admits the petition.  When dealing with Juvenile Court Referees, it is important to remember that a minor has a right to rehearing and that the judge must read and consider the transcript of the proceedings within 20 days or up to 45 days for good cause days or rehearing is granted as a matter of right.  Its good to immediately consult with a Juvenile Appeals Lawyer for all appellate issues.