When a child is charged in Alameda County, the case goes to the juvenile court of the Superior Court of California, County of Alameda. Delinquency matters are heard at the Juvenile Justice Center in San Leandro. A detained child may be held at Alameda County Juvenile Hall, also in San Leandro, and California's Welfare and Institutions Code governs each step of the case.

This page sets out how the county's juvenile court and probation department handle arrest, detention, diversion and transfer under California law.

How Alameda County Juvenile Court Works

The Superior Court's juvenile division describes itself as handling "cases involving persons under 18 (minors) who are accused of breaking the law or who are in danger of or have been abused or neglected." Its Juvenile Court page separates juvenile justice proceedings from dependency proceedings. Juvenile justice proceedings involve a minor alleged to have committed an act that would be a crime if an adult committed it. Dependency proceedings concern children who have been or are at risk of being abused, neglected or abandoned, and this page does not cover them.

According to the court's location page, the San Leandro Juvenile Justice Center is at 2500 Fairmont Drive. The page lists juvenile delinquency among its case types.

A formal case in juvenile court begins with a petition. This is the court filing that alleges a minor is within the juvenile court's jurisdiction. Under Welf. & Inst. Code § 602, that covers a minor between 12 and 17, inclusive, who violates a state or federal law or a local ordinance defining a crime, other than a curfew ordinance based solely on age, except as § 707 provides. The same section covers a child under 12 alleged to have committed certain listed serious offenses. The court may then adjudge the minor a ward of the court. The court also states that juvenile cases and records are confidential.

Arrest and Detention in Alameda County

Under Welf. & Inst. Code § 628, once a minor who has been taken into temporary custody is delivered to the probation officer, the officer must immediately investigate and immediately release the minor to a parent, legal guardian or responsible relative. The exception is where it can be demonstrated on the evidence before the court that continuing in the home is contrary to the minor's welfare and at least one of three conditions exists:

  • detention is a matter of immediate and urgent necessity to protect the minor, or reasonably necessary to protect another person or property
  • the minor is likely to flee the court's jurisdiction
  • the minor has violated a juvenile court order

The law also sets time limits. Under Welf. & Inst. Code § 631, a minor generally must be released within 48 hours after being taken into custody, excluding nonjudicial days, unless a petition or a criminal complaint is filed within that time. Under Welf. & Inst. Code § 632, a minor who is still detained must be brought before a judge or referee for a detention hearing before the end of the next judicial day after the petition is filed. A detention hearing is the hearing that decides whether the child stays in custody. A separate rule applies to a warrantless arrest for a misdemeanor that does not involve violence, threats or weapons, where the minor is not on probation or parole. In that case the hearing must take place as soon as possible and no later than 48 hours after the minor was taken into custody, excluding nonjudicial days, once a petition has been filed. If the deadline is missed, the minor must be released.

The probation department's Juvenile Facilities page describes Juvenile Hall in San Leandro as a temporary holding facility for minors awaiting court. It lists Home Supervision and GPS devices as current detention alternatives.

The Detention Hearing and Home Supervision

At the detention hearing, Welf. & Inst. Code § 635 requires the court to examine the minor and the parent and to hear the evidence the family or counsel presents. The court must then order release unless one of these applies:

  • the minor violated a court order
  • the minor escaped a commitment
  • detention is urgently necessary to protect the minor, or reasonably necessary to protect another person or property
  • the minor is likely to flee

The court may weigh the circumstances and gravity of the alleged offense together with other factors. Release is also required unless there is a prima facie showing that the minor falls under § 602. A prima facie showing is enough evidence, at first look, to support the allegation.

If the court orders detention, Welf. & Inst. Code § 636 allows the court, if one of those grounds exists and continuing in the home is contrary to the minor's welfare, to order detention in juvenile hall or another suitable place for up to 15 judicial days, and it must enter its findings of fact in the court's records. Both sections address where a child lives. A detention decision cannot rest solely on the minor's county of residence. A minor must also be given equal consideration for release on home supervision, which may include electronic monitoring, regardless of whether the minor lives in the county where the offense occurred. That is a rule about residence, not a general preference for home supervision.

Police Questioning and a Minor's Rights Under California Law

California law sets a specific rule for custodial questioning. Under Welf. & Inst. Code § 625.6, before a custodial interrogation and before any waiver of Miranda rights, a youth 17 years of age or younger must consult with legal counsel in person, by telephone or by video conference. That consultation cannot be waived.

When a court decides whether the youth's statements can be used, it must consider any failure to comply with this rule. It must also weigh any willful violation when judging the officer's credibility. The rule has two limits:

  • It does not apply to the admissibility of statements where the officer reasonably believed the information was necessary to protect life or property from an imminent threat, and the questions were limited to what was reasonably necessary to get that information.
  • It does not require a probation officer to comply when performing ordinary duties under §§ 625, 627.5 or 628.

These rules apply in Alameda County as they do throughout California. More on the statewide process appears in the California juvenile defense overview.

The Petition Process: From Filing to Disposition

Not every case reaches a petition. Under Welf. & Inst. Code § 654, a probation officer may refer the minor to services instead of filing a petition. This is a form of diversion, meaning a route that handles the case outside formal wardship. It requires the consent of the minor and the parent or guardian. Supervision by the probation department can last up to six months. The probation officer may still request a petition during that period or within 90 days after it. If the minor has not participated within 60 days, the probation officer may file a petition or ask for one to be filed. Section 654 adds that where, in the probation officer's judgment, the interest of the minor and the community can be protected, the officer shall make a diligent effort to proceed this way.

Once a petition is filed, the court holds a jurisdiction hearing, also called an adjudication. At this hearing the court decides whether the allegations are true. If they are found true, a disposition hearing follows. That is where the court decides what happens next. It may place the child on probation, which is court-ordered supervision with conditions the court sets based on the case.

Transfer to Adult Court in Alameda County

A case moves to adult court only through a motion and a transfer hearing in juvenile court. Under Welf. & Inst. Code § 707(a), the prosecutor may move to transfer in two situations:

  • the offense is alleged to have been committed when the minor was 16 or older, and it is an offense listed in § 707(b) or any other felony
  • the offense is a § 707(b) offense committed at 14 or 15, by a person who was not apprehended before juvenile court jurisdiction ended

The motion must be made before jeopardy attaches. The court then orders the probation officer to prepare a report on the minor's behavioral patterns and social history, including any statement from the victim. The court may order transfer only if it finds, by clear and convincing evidence, that the minor is not amenable to rehabilitation while under the juvenile court's jurisdiction. In reaching that decision it considers criteria the statute specifies. The decision stays with the juvenile court and depends on that finding. A related page covers juvenile felony defense.

The Stages of an Alameda County Juvenile Case

A juvenile case can involve each of the stages described above:

  • the probation officer's intake decision
  • the detention hearing in San Leandro
  • the jurisdiction hearing
  • disposition
  • any transfer motion
  • a later request to seal the record

California has separate sealing rules for juvenile records, with conditions and exclusions. At the detention hearing, Welf. & Inst. Code § 635 provides that the court hears relevant evidence that the minor, a parent or guardian, or counsel wishes to present. The broader juvenile defense guide explains how these stages work generally. Families comparing nearby courts can read the San Mateo County juvenile page.

This page covers juvenile delinquency cases in the Superior Court of California, County of Alameda, under California law. It does not cover adult criminal cases, except where a minor's case is transferred to adult court. It also does not cover dependency proceedings or juvenile cases pending in another county.

Discussing Your Child's Case in Alameda County

To request a consultation about a child's juvenile case in Alameda County, contact Juvenile Justice Defense Group.