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  1. #1
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    Default Caught for Curfew Violation While on Police Diversion

    My question involves juvenile law in the State of: California. I am a minor and was "arrested" for being out past curfew at 3 a.m. I was searched, nothing was found, and I exercised my right to remain silent (although my rights where read AFTER he got all of my personal information). I was placed in handcuffs and driven to my house; I was caught at the corner on the sidewalk maybe 30 feet from my house (would this be considered abutting my residence?). The officer said I would most likely be contacted by the police because to this incident in the near future. I was and still am on my second police diversion. What will happen to me now?

  2. #2
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    Default Re: Caught for Curfew While on Police Diversion

    Quote Quoting aaronliss
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    My question involves juvenile law in the State of: California. I am a minor and was "arrested" for being out past curfew at 3 a.m. I was searched, nothing was found, and I exercised my right to remain silent (although my rights where read AFTER he got all of my personal information).
    Your personal information is not a Miranda issue anyway. So, from a standpoint of federal law, he never had to read you your Miranda rights unless he was going to interrogate you AFTER you were in custody.

    But, under state law (W&I 625(a)) an officer is required to read a seized juvenile their Miranda rights as soon as practical.

    I was placed in handcuffs and driven to my house just a block away. The officer said I would most likely be contacted by the police because to this incident in the near future. I was and still am on my second police diversion. What will happen to me now?
    You might find yourself brought before a juvenile probation officers for referral to the court, or you might be brought before a juvenile court judge. Or, maybe nothing at all will come of it. There is no way to tell.

    But, unless you straighten out, these sorts of things are going to continue until they blossom into crimes that are more serious and might have longstanding ramifications for your future. So, start looking beyond tonight and look at the years down the road. You have time to change ... do it.

  3. #3
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    Default Re: Caught for Curfew While on Police Diversion

    Original poster here. I just realized I can complete my diversion program today and this incident only happened last night. It would be smart to complete this diversion before I possibly get called into court for this, right? Or does it depend on whether or not you get arrested while on diversion, not if you go into court while on diversion.

  4. #4
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    Default Re: Caught for Curfew While on Police Diversion

    Quote Quoting aaronliss
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    Original poster here. I just realized I can complete my diversion program today and this incident only happened last night. It would be smart to complete this diversion before I possibly get called into court for this, right? Or does it depend on whether or not you get arrested while on diversion, not if you go into court while on diversion.
    Diversion programs for juvenile activity vary so widely there is no way to say what or how your situation might play out. If they treat your situation as they might for someone on probation, then the violation occurred when you were caught violating the terms of the diversion.

  5. #5
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    Default Re: Caught for Curfew While on Police Diversion

    If I go to court, do you think they will drug test me? It is probably worth knowing that I was on diversion for possession of marijuana. Also, is there any way of knowing when, if ever, I will have to go to court?

  6. #6
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    Default Re: Caught for Curfew While on Police Diversion

    Quote Quoting aaronliss
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    If I go to court, do you think they will drug test me?
    They might order it ... depending on the situation.

    Gee, let me guess, you'd test dirty?

    Where are your parents? Are you out of their control? or do they allow this behavior?

    You might be interested to know that low level drug and alcohol consumption, along with curfew and truancy violations, are strong indicators of future criminal behavior. You might still stand a chance to straighten up and fly right. If not, then this is just a precursor for the adult penalties that will await you if you keep doing this sort of thing.

    Take this for the learning opportunity it is. Be thankful that you have had one chance, and pray for a second opportunity to get your act together ... before it is too late.

  7. #7
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    Default Re: Caught for Curfew While on Police Diversion

    Quote Quoting cdwjava
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    They might order it ... depending on the situation.

    Gee, let me guess, you'd test dirty?

    Where are your parents? Are you out of their control? or do they allow this behavior?

    You might be interested to know that low level drug and alcohol consumption, along with curfew and truancy violations, are strong indicators of future criminal behavior. You might still stand a chance to straighten up and fly right. If not, then this is just a precursor for the adult penalties that will await you if you keep doing this sort of thing.

    Take this for the learning opportunity it is. Be thankful that you have had one chance, and pray for a second opportunity to get your act together ... before it is too late.
    I appreciate your concern for me but I'm looking for legal information and advice, not your opinion; however, I do agree with you in the sense that if I keep this up chances are i will be in and out of trouble my whole life. But you can't say that every kid who smokes a little weed and sneaks out every once in a while is going to grow up to be a failure.

  8. #8
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    Default Re: Caught for Curfew While on Police Diversion

    Quote Quoting aaronliss
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    I appreciate your concern for me but I'm looking for legal information and advice, not your opinion; however, I do agree with you in the sense that if I keep this up chances are i will be in and out of trouble my whole life. But you can't say that every kid who smokes a little weed and sneaks out every once in a while is going to grow up to be a failure.
    I never said that "every kid" who does those things will end up in failure or prison. However, if you do the research on those who ARE in and out of correctional institutions, these are among the almost universal precursors.

    Oh, and both the life lesson and the legal opinion are free.

    So, perhaps it is time to heed the life lessons, take advantage of the breaks you have been given, and straighten up while you can.

  9. #9
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    Default Re: Caught for Curfew While on Police Diversion

    Quote Quoting aaronliss
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    I appreciate your concern for me but I'm looking for legal information and advice, not your opinion;
    Must've hit a nerve!

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