When a child is charged in San Joaquin County, the case goes to juvenile delinquency court. The Superior Court hears those cases at the Juvenile Justice Center in French Camp. California law decides whether the child stays in custody, whether the case can be handled without a court finding, and whether it can move to adult court.

A parent may be asking where the hearing is held and who decides whether a son or daughter comes home. This page explains the stages of a juvenile delinquency case under California's rules: questioning, detention, the hearings and a possible transfer to adult court. It also gives the court and probation facts that San Joaquin County's official pages state.

How San Joaquin County Juvenile Court Works

The Superior Court of California, County of San Joaquin, divides its juvenile work between two locations. According to the court's juvenile page, all juvenile dependency matters are heard at the Stockton Courthouse. All juvenile delinquency matters are heard at the Juvenile Justice Center, 535 W Mathews Rd, French Camp. The court describes delinquency court as hearing "matters where a minor's conduct would be considered a criminal offense if committed by an adult." Dependency matters, which the court describes as concerning abuse or neglect, are not covered on this page.

Under Welf. & Inst. Code § 602, a minor who was 12 to 17 years old, inclusive, when he or she allegedly broke a state or federal law, or a local ordinance defining a crime, comes within the juvenile court's jurisdiction. That rule is subject to the exceptions in § 707. A curfew ordinance based only on age does not count. A child under 12 is covered only for the offenses listed in § 602(b): murder, and rape, sodomy, oral copulation or sexual penetration by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.

A few terms recur throughout this page:

  • A petition is the formal court filing that alleges the minor committed an offense. It is not a criminal complaint.
  • A detention hearing decides whether the child stays in custody while the case goes on.
  • The jurisdiction hearing, also called the adjudication, decides whether the allegations are true. A finding that they are true is not a conviction.
  • Disposition is the court's order about what happens next. It is not a sentence.
  • A ward of the court is a minor the juvenile court has adjudged to be a ward after finding that the minor is a person described in § 602.

The court's location page notes that the Juvenile Justice Center sits with the Juvenile Probation Department on Mathews Road.

Detention in San Joaquin County: What Happens After an Arrest

The county's probation department, on its Juvenile Services Division page, identifies Peterson Juvenile Hall in French Camp as "the primary booking facility for all juvenile detentions in San Joaquin County." The department describes it as a temporary detention facility for youth "from the time of their booking through their Court proceedings." Its juvenile detention page lists the address as 575 W. Mathews Road, French Camp, CA 95231, along with visiting hours and a visit-request form.

The probation officer's decision. Under Welf. & Inst. Code § 628, once a minor is delivered to the probation officer, the officer must immediately investigate. The officer must then release the minor to a parent, legal guardian or responsible relative unless remaining in the home is contrary to the minor's welfare and at least one of these 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; or
  • the minor has violated a juvenile court order.

The 48-hour limit. Under § 631(a), a minor generally must be released within 48 hours of being taken into custody, not counting nonjudicial days. The exception is when, within that time, a petition has been filed or a criminal complaint has been filed in a court of competent jurisdiction. The 48-hour rule does not protect a minor who willfully misrepresented himself or herself as 18 or older. Section 631(b) sets a separate rule for a minor taken into custody without a warrant on the belief that the minor committed a misdemeanor that does not involve violence, the threat of violence, or possession or use of a weapon, if the minor is not currently on probation or parole.

When the detention hearing happens. Under § 632, a detained minor must be brought before a judge or referee by the end of the next judicial day after the petition is filed. A different rule applies to a minor arrested without a warrant for a misdemeanor that does not involve violence, threats or weapons, if the minor is not on probation or parole. That minor must be brought before the judge or referee as soon as possible, and no later than 48 hours after being taken into custody, excluding nonjudicial days, once a petition has been filed. A minor who is not brought to court within the required time must be released.

At the hearing. Under § 635, the court must release the minor unless one of these grounds appears:

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

The court may weigh the circumstances and seriousness of the alleged offense together with other factors. It must release the minor unless there is a prima facie showing, meaning enough evidence on its face, that the minor is a person described in § 601 or § 602.

Home supervision. Home supervision means the minor is released to a parent, guardian or responsible relative on written conditions, which may include electronic monitoring. Under §§ 635(b)(2) and 636, a minor must receive equal consideration for home supervision regardless of whether the minor lives in the county where the offense occurred. This is equal consideration for release on home supervision. It does not create a general preference for home supervision.

A detention order under § 636 also requires a finding that remaining in the home is contrary to the minor's welfare. That order may last no more than 15 judicial days.

A Minor's Rights During Police Questioning in San Joaquin County

Welf. & Inst. Code § 625.6 sets out what must happen before a minor 17 years of age or younger is questioned in custody. Before a custodial interrogation, and before the minor waives any Miranda rights, the minor must consult with legal counsel in person, by telephone or by video conference. That consultation may not be waived.

The statute applies to custodial interrogation of a youth 17 or younger. It does not require a probation officer to comply with the consultation rule in the normal performance of the officer's duties under §§ 625, 627.5 or 628.

The statute also governs what happens later in court. When deciding whether a youth's statements can be used, the court must consider the effect of any failure to follow the consultation rule. It must also weigh any willful violation in judging the questioning officer's credibility.

There is a narrow exception. The admissibility rule does not apply if both of these were true:

  • the officer reasonably believed the information was necessary to protect life or property from an imminent threat; and
  • the officer's questions were limited to what was reasonably necessary to get that information.

Whether § 625.6 was followed depends on the facts of what took place, and the court decides that question. More on statewide questioning rules appears in the California juvenile defense overview.

The Jurisdiction Hearing and Disposition: How San Joaquin County Cases Resolve

Diversion means a probation officer refers a minor to services instead of filing or requesting a petition. A sustained petition is a finding that the allegations are true.

Under Welf. & Inst. Code § 654, a probation officer who concludes that a minor is, or would be, within the court's jurisdiction may refer the minor to services instead of filing a petition or requesting one. This requires the consent of the minor and the parent or guardian. If the probation department supervises the minor directly, its program may not exceed six months. The officer may still request a petition at any time during those six months or within 90 days afterward. If the minor has not taken part in the program within 60 days, the officer may file a petition or ask the prosecuting attorney to file one. The officer must make a diligent effort to use § 654 when, in the officer's judgment, the interests of the minor and the community can be protected.

The probation department's Juvenile Services Division page lists a unit called Project 654. It says the department offers diversion services to youth who may be at risk of entering the system. Whether diversion is offered in a given case depends on the probation officer's decision and on the consent the statute requires.

If a petition goes forward, the jurisdiction hearing comes next. If the court sustains the petition, the case moves to disposition.

At disposition, the court may declare the minor a ward and order probation. The county lists Camp Peterson as a facility "for Court-committed youth." California's Division of Juvenile Justice has closed. The county's detention page says that, in response to SB 823, Camp Peterson and another unit in the juvenile hall became home to the Secure Youth Treatment Program. The disposition in any case depends on the offense, the minor's history and the court's findings.

Transfer to Adult Court: When It Can Happen in San Joaquin County

Under Welf. & Inst. Code § 707(a), a transfer is decided at a transfer hearing that begins with a motion. A transfer motion may be made only in these situations:

  • for an offense alleged to have been committed when the minor was 16 or older, if the offense is listed in § 707(b) or is any other felony; or
  • for a § 707(b) offense committed when the minor was 14 or 15, if the minor was not apprehended before juvenile court jurisdiction ended.

The court may order a 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 making its decision, the court considers the criteria in § 707(a)(3): the degree of criminal sophistication the minor exhibited; whether the minor can be rehabilitated before the juvenile court's jurisdiction expires; the minor's previous delinquent history; the success of previous attempts by the juvenile court to rehabilitate the minor; and the circumstances and gravity of the offense alleged in the petition.

The § 707(b) list includes the following offenses, among others:

  • murder and attempted murder;
  • robbery;
  • certain arson offenses;
  • rape with force, violence, or threat of great bodily harm;
  • kidnapping for ransom;
  • assault with a firearm or destructive device;
  • assault by any means of force likely to produce great bodily injury;
  • discharge of a firearm into an inhabited or occupied building;
  • torture;
  • aggravated mayhem; and
  • carjacking while armed with a dangerous or deadly weapon.

A transfer is never automatic under § 707. It requires a motion and the court's finding. The juvenile felony defense page covers how felony petitions move more broadly.

Service Area and Scope of This Page

This page covers juvenile delinquency cases in the Superior Court of California, County of San Joaquin, under California law. It covers the stages from questioning and detention through the hearings at the Juvenile Justice Center and a possible transfer under § 707. Juvenile Justice Defense Group has no office in San Joaquin County.

This page does not cover adult criminal cases, except when a minor's case is transferred under § 707. It also does not cover dependency proceedings about a parent's care of a child, which the court hears at the Stockton Courthouse, or family court matters. Parents whose child has a case in another county can find similar pages, for example the Riverside County juvenile process. The juvenile defense guide explains how juvenile cases generally move across states.

Discussing Your Child's Case in San Joaquin County

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