Being accused of a crime is serious at any age, but what happens next depends heavily on whether the person accused is a minor or an adult. California handles juvenile delinquency cases differently from adult criminal cases, with different court procedures, vocabulary, and goals.
The juvenile system is built around rehabilitation and the idea that young people can change. The adult system places greater weight on criminal responsibility and sentencing, although rehabilitation can also play a role.
How Does the Juvenile Justice System Work in California?
California’s juvenile system generally handles cases involving minors between the ages of 12 and 17 who are accused of committing a criminal offense. Limited exceptions allow juvenile proceedings involving children younger than 12 who are accused of certain serious crimes, including murder.
These cases go to juvenile delinquency court under Welfare and Institutions Code § 602, and the terminology is deliberately different from that used in adult court. Instead of filing a criminal complaint, the prosecutor files a petition. The judge’s job is to decide whether the allegations in that petition are true.
If they are, the court sustains the petition. The result is a juvenile adjudication, not an adult criminal conviction. This doesn’t mean the consequences are minor; a sustained petition can lead to confinement and lasting restrictions.
For certain felony offenses involving older teens, the prosecutor can ask the juvenile court to transfer the case to adult criminal court. Under Welfare and Institutions Code § 707, transfer requires a judicial hearing and is subject to limitations based on the youth’s age, the alleged offense, and other statutory requirements. If the court orders a transfer, adult criminal penalties and procedures may apply.
Anyone facing allegations of juvenile delinquency should take the case seriously and consider speaking with a criminal defense lawyer early in the process.
What Are the Main Differences Between Adult and Juvenile Criminal Proceedings?
Minors in California retain important constitutional protections adults have, including the right to counsel, the right against self-incrimination, and the requirement that criminal allegations be proven beyond a reasonable doubt. But the way the case plays out can be very different.
Arrest, Detention, and Bail
An adult who is arrested may be booked into jail and, depending on the charge, released on bail, on their own recognizance (ROR), or under other conditions.
A minor who is arrested may be released to a parent or guardian or taken to juvenile hall. There is no bail in juvenile delinquency court. Instead, a judge decides whether the minor needs to remain in custody while the case proceeds.
California requires prompt detention hearings. Under Rule 5.752, some hearings must begin within 48 hours of custody, excluding noncourt days. For felony allegations and certain other cases, the hearing generally must begin no later than the next court day after the petition is filed.
Court Hearings and Trial Procedures
Adult cases generally begin with an arraignment, where the defendant hears the charges and enters a plea. A case may then move toward a jury trial if the charged offense carries that right. Juvenile cases begin with an initial hearing or, when the minor is detained, a detention hearing. The equivalent of a trial is called a jurisdictional hearing.
The most significant difference is that there are no juries in ordinary juvenile delinquency proceedings. A judge decides whether the allegations are true. The standard of proof is the same, however; the prosecution must prove the charged offense beyond a reasonable doubt.
Sentencing vs. Rehabilitation
An adult who is convicted is sentenced, and that can mean fines, probation, county jail, or state prison. A minor whose petition is sustained generally receives a disposition rather than a sentence.
Dispositions are designed around rehabilitation and may include:
- Home probation
- Counseling
- Educational requirements
- Community-based services
- Placement in a juvenile facility
There is a focus on rehabilitation, but that doesn’t mean these cases shouldn’t be taken seriously. Serious offenses can still result in lengthy confinement in a secure facility.
Criminal Records and Confidentiality
Adult criminal convictions are generally part of the public record, although California law restricts access to certain records and how that information can be used.
Juvenile records have considerably more confidentiality protections. Some records are sealed automatically after successful completion of probation, while others require a request to the court. Certain serious offenses are subject to additional restrictions.
Authorized courts and agencies may still access juvenile records under specific circumstances. Disclosure to employers or licensing authorities depends on the applicable law and whether the record has been sealed.
Juvenile adjudications generally are not treated as criminal convictions for immigration purposes, although certain conduct or related circumstances can still have immigration consequences.
Speak With an Oakland Criminal Defense Lawyer About Juvenile or Adult Charges
Whether the person facing charges is 15 or 50, the first days of a case can involve important decisions about detention, legal representation, and how to respond to the allegations. Understanding which court will handle the case is an important starting point.
The Law Office of Nabiel C. Ahmed represents individuals facing criminal charges in Oakland and throughout Alameda County. If you or your child has been accused of a crime, contact the firm to schedule a confidential consultation with an Oakland criminal defense attorney about the proceedings and legal options involved in your case.
We have convenient locations in Oakland and San Ramon, California.
Law Office of Nabiel C. Ahmed – Oakland
1305 Franklin St #411, Oakland, CA 94612
(510) 271-0010
We are available 24/7
Law Office of Nabiel C. Ahmed – San Ramon
2551 San Ramon Valley Blvd #206, San Ramon, CA 94583
(925) 725-4003
We are available 24/7
