My child has been arrested, what can I expect?
There are two types of arrests – paper arrest and physical arrest.
If your child is physically arrested, the parents/guardians will be notified upon his or her arrival to the Yuma County Juvenile Court Center. An assessment will be made by a probation officer with respect to release. If the court determines that the minor may be released, parents/guardians will be required to pick them up.
If the court determines that the minor will be detained, a hearing will be held within 24 hours before a Juvenile Court Judge. Again, the parents/guardians are required to attend this hearing. At this time, a probation officer will be assigned to your case and you will receive more information from this officer.
If your child is paper arrested, i.e., cited and released by the police, you will be contacted by a probation officer if the County Attorney files a complaint.
What are the legal requirements for the destruction of records, setting aside adjudication or restorations of rights?
The below document provides information regarding these requests.
How can my child’s records be destroyed?
A person may request that his or her juvenile record be destroyed at the age of 18 for misdemeanor offenses.
If the juvenile record includes a felony or DUI, you are not eligible to have your records destroyed until the age of 25.
How do I have their adjudication set aside?
Instructions and the application to set aside adjudication included below.
How do I have their right to possess a firearm restored?
A person may request that the right to posses a firearm be restored when they complete their term of probation.
What is the Curfew?
The curfew for minors (anyone under the age of 18) in Yuma, Arizona is from 10:00pm to 6:00am.There are two laws covering the curfew – the Yuma City Ordinance and the Yuma County Ordinance.
The Yuma City Ordinance
The Yuma City Law states that it is unlawful for a minor person under the age of 18 years to be upon the public streets or in any public place in the city between the hours of 11:00 p.m. and 6:00 a.m.(Yuma Code of Ordinances §110-01).Additionally, a parent or guardian may not allow a minor to violate curfew.
There are exceptions when the minors are accompanied by a parent, guardian or other adult person having the care and custody of the minor, or when the minor’s being out is required by some legitimate pursuit or occupation or by some emergency to which the minor is directly connected.
The Yuma County Ordinance
The second law is the Yuma County Ordinance and it is stricter than the city ordinance. (Yuma County Ordinance #96-02). The curfew for minors (anyone under the age of 18) according to the County law is from 10:00 p.m. to 6:00 a.m. The state gives the county the power to establish this law under Title 11, Chapter 2, Article 4 of the Arizona Revised Statutes. (A.R.S. § 11-251). Exceptions to the Yuma County curfew are:
•If you are accompanied by your parent or guardian
•If you are in a motor vehicle involved in interstate travel, with permission from your parent or guardian
•If you are at work or coming home from work
•If you are involved in an emergency
•If you are attending an adult-supervised social or recreational event sponsored by a school, church, civic organization or governmental entity, or coming home from the event
•If you are exercising your first amendment rights to free speech
•If you engaged in a reasonable, legitimate and specific business or activity with permission from your parent or guardian
•If you are married, had been married, are emancipated or are at least 18 years old
Both juveniles and their parents/guardians can be cited for the minor violating curfew if there is no defense (one of the exceptions). Violation of either law is a class 1 misdemeanor.