Juvenile Crimes Defense

The juvenile court process in Orange County

1. Detention hearing: Within 48 hours if held in custody. Decision on continued detention.
2. Pretrial: Discovery, motions, plea negotiations.
3. Jurisdictional hearing: Equivalent to a trial. Judge decides if allegations are true.
4. Disposition hearing: Equivalent to sentencing. Judge decides how to handle the minor.

Possible dispositions

• Informal supervision (no formal adjudication)
• Probation (home or with relatives)
• Camp (county-run rehabilitation facility)
• Secure youth treatment facility (SYTF) commitment — most serious
• Restitution and community service
• Drug/alcohol treatment, counseling

A secure youth treatment facility commitment is limited to youth 14 or older found to have committed a WIC 707(b) offense (WIC 875). These county-level facilities replaced the state Division of Juvenile Justice (DJJ), which closed on June 30, 2023.

Adult court transfer

Under WIC 707, the prosecution can move to transfer any felony case if the minor was 16 or older at the time of the alleged offense, including:

• Murder
• Forcible sex offenses
• Other "707(b) offenses" (robbery, attempted murder, certain kidnappings, armed carjacking, and other serious offenses)

For 14- and 15-year-olds, transfer is allowed only for a 707(b) offense when the minor was not arrested until after juvenile court jurisdiction ended. The judge can transfer a case only after finding, by clear and convincing evidence, that the minor is not amenable to rehabilitation while under juvenile court jurisdiction. Five factors guide the decision: criminal sophistication, rehabilitation potential, prior record, response to prior dispositions, and gravity of the offense. Transfer hearings are critical.

Record sealing (WIC 786 and 781)

When a minor satisfactorily completes probation or informal supervision, the court must dismiss the petition and seal the records (WIC 786). Other juvenile records can be sealed by petition under WIC 781 at age 18 or five years after juvenile court jurisdiction ends, whichever comes first, if the person has had no felony or moral turpitude misdemeanor convictions since then and the court finds they have been rehabilitated. Sealing means employers, landlords, and most government agencies cannot see the record.

Exceptions: serious 707(b) offenses committed at 14 or older, such as murder or robbery, are not sealed automatically. They need a petition once probation is complete and the person is 18, or 21 if they were committed to the state Division of Juvenile Justice before it closed. A 707(b) offense that requires sex offender registration under Penal Code 290.008 cannot be sealed at all. Prosecutors can still use a sealed record in limited situations, such as a later felony case.

Why representation matters

Juvenile court is informal but the consequences are not. Decisions made at detention can affect months in custody. Plea decisions can foreclose military careers, college admissions, professional licenses, and (in transfer cases) lifetime adult records. With 30+ years of OC juvenile court experience, our office knows the judges and the negotiation strategies that work.

Has your child been arrested? Contact us immediately.