Juvenile Theft Lawyer: What Parents Need to Know When a Minor Is Charged

When a teenager is accused of theft, the case usually goes to juvenile court, not adult criminal court. A judge there decides whether the accusation is proven and then chooses a response, which can range from supervision at home to placement outside it. Some cases end through diversion, and many juvenile records can later be sealed under conditions.

Most people facing this are parents who got a phone call from a store, a school or a police station. Their child is now cited, arrested or sitting in juvenile hall, over shoplifting, a phone taken from a classmate or something more serious. They want to know whether their child is coming home tonight and what this will mean for school. They also want to know whether it will follow their child into adulthood. This page walks through how a juvenile theft case moves, using California's rules as the worked example and noting where other states differ.

What Juvenile Theft Charges Mean Under the Law

Juvenile court starts a theft case with a petition, the formal court document that alleges the minor did something that would be a crime if an adult did it. It is not a criminal complaint, and the language that follows is different too. In California, Welf. & Inst. Code § 602 places a minor within the juvenile court's jurisdiction when the minor "is between 12 years of age and 17 years of age, inclusive," when the minor violates a state or federal criminal law or a local criminal ordinance, except as § 707 provides. A minor under 12 is covered only for certain serious offenses the statute lists, including murder.

Theft charges come in several forms. Petty theft generally covers lower-value property, and grand theft covers property above a value line each state sets. Shoplifting is often charged as a form of theft. Robbery is more serious, because it generally involves taking property by force or fear.

If the judge finds the petition true, the result is an adjudication, a finding that the minor committed the act. It is not a criminal conviction. The ages juvenile court covers, how cases begin and what results are available all vary by state. A juvenile defense attorney reads the petition first, because the exact charge shapes every later step. Our page on juvenile felony defense covers the more serious charges in more depth.

How a Juvenile Theft Case Moves Through Court

The first decision is often made before any judge sees the case. The U.S. Justice Department's Case Flow Diagram explains that at intake, probation or the prosecutor's office decides whether to dismiss a case, handle it informally, or ask for formal court action. It also notes that "each State's processing of law violators is unique."

Detention in California. When police deliver a minor to probation, § 628 requires the probation officer to release the minor to a parent, guardian or responsible relative immediately. The exception is when staying home is contrary to the minor's welfare and one or more of these exist: urgent necessity to protect the minor or another person or property, a likelihood the minor will flee, or a violation of a juvenile court order. Under § 631, a minor generally must be released within 48 hours, excluding nonjudicial days, unless a petition or a criminal complaint is filed in that time.

A detention hearing is where a judge decides whether a minor stays in custody. Under § 632, it generally must happen before the end of the next judicial day after the petition is filed. For a minor arrested without a warrant for a misdemeanor not involving violence, threats or weapons, and not on probation or parole, the limit is 48 hours, excluding nonjudicial days. A minor not brought before the court in time must be released. Under § 635, the court must order release unless one of the grounds the statute lists is shown, and a prima facie showing that the minor falls under § 602 is also required. Under § 636, detention can be ordered for no more than 15 judicial days, with written findings. Under §§ 635 and 636, a minor gets equal consideration for release on home supervision, meaning release home under conditions, regardless of whether the minor lives in the county where the offense occurred.

Later stages. At the jurisdiction hearing, also called the adjudication hearing, the court decides whether the petition is sustained. At the disposition hearing, the judge decides the consequences. Those can include probation, which means supervision with conditions, or making the minor a ward of the court, which places the minor under the court's authority. Diversion means a program completed in place of a petition, and it depends on the facts and the jurisdiction. A juvenile criminal defense attorney takes part at each of these hearings.

When a Juvenile Theft Case Can Move to Adult Court

A transfer hearing, which some states call a fitness or waiver hearing, decides whether a minor's case leaves juvenile court for adult criminal court. A theft case reaches that question only in limited circumstances.

Under California's Welf. & Inst. Code § 707(a), the prosecutor may make a transfer motion only in two situations. The first is an offense alleged to have been committed when the minor was 16 or older, if it is an offense listed in § 707(b) or any other felony. The second is a § 707(b) offense committed at 14 or 15 by a person not apprehended before juvenile court jurisdiction ended. The motion must be made before jeopardy attaches, which is roughly when the jurisdiction hearing begins. The court then orders a probation report on the minor's behavior and social history, including any statement from the victim.

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 jurisdiction of the juvenile court. In making that decision, it weighs the criteria the statute lists. A misdemeanor petty theft does not meet these thresholds. A felony theft charge or a robbery charge against an older teen can.

That is California's rule. Other states use different ages, offense lists and procedures. The federal case-flow page notes that some states allow or require filing certain cases directly in criminal court. Our page on juvenile auto theft applies the age-16 rule to car cases.

A Minor's Rights When Questioned by Police

Many parents first learn of the problem from a detective, sometimes after their child has already been questioned. In In re Gault, 387 U.S. 1 (1967), the U.S. Supreme Court held that minors in juvenile proceedings have the right to counsel and the privilege against self-incrimination.

California adds a protection of its own. Under Welf. & Inst. Code § 625.6(a), "prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived." When deciding whether the child's statements can be used, the court must consider any failure to comply. A willful violation can also bear on an officer's credibility.

The statute has two limits. It does not govern admissibility when an officer reasonably believed the information was needed to protect life or property from an imminent threat, and the questions were limited to what was reasonably necessary to get it. It also does not apply to a probation officer's normal duties under §§ 625, 627.5 or 628.

Rules for questioning minors differ from state to state, and some states go beyond Miranda. Whether a statement can be used is often an early question for an attorney for a minor charged with theft. Our California juvenile defense overview covers questioning in that state's system.

Sealing a Juvenile Theft Record

Sealing is a court order that closes a juvenile record to most access. A record is not erased, and it is not sealed automatically when a child turns 18. In California, three statutes work together.

Dismissal and sealing on completion (§ 786). If a minor satisfactorily completes informal supervision under § 654.2, probation under § 725, or a term of probation for any offense, the court must dismiss the petition and seal the records held by the court, law enforcement, probation and the Department of Justice. The arrest and proceedings are then deemed not to have occurred, and the person may answer inquiries accordingly, including inquiries from employers and educational institutions. There is one exception under § 786(d). The court shall not seal or dismiss under § 786 if the petition was sustained on an offense listed in § 707(b) committed at 14 or older, unless that finding was dismissed or reduced to a misdemeanor or to a lesser offense not listed in § 707(b).

Sealing after diversion (§ 786.5). When a minor satisfactorily completes a diversion or supervision program that probation or the prosecutor referred the minor to instead of filing a petition, the probation department must seal its records. Law enforcement and the Department of Justice are then notified to seal theirs.

Sealing by petition (§ 781). A person may petition five years or more after juvenile court jurisdiction ends, or at any time after turning 18. The court orders sealing only if it finds that, since jurisdiction ended, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude, and that rehabilitation has been attained to the court's satisfaction. For a § 707(b) offense committed after age 14 that resulted in wardship, a petition may be filed or considered only in the circumstances § 781(a)(1)(D) lists.

Other states set their own eligibility, timing and effects for sealing.

School, Employment, and Other Consequences of a Juvenile Theft Case

For many families the school question feels as urgent as the court date. School discipline can follow a juvenile theft case. Whether it does depends on the facts and on district rules this page does not cover, and the school's process runs separately from the court case. Our page on juvenile charges and school explains how the two systems relate.

The same is true of college admissions, financial aid and jobs. These consequences can follow a juvenile case. They depend on the facts, the offense, the state and rules this page does not cover. California's sealing statutes do address what a person may say once a record is sealed under § 786 or § 786.5, as the sealing section above describes.

Immigration consequences are governed by immigration law this page does not cover. This page also does not cover civil claims by a store or an owner. Collateral consequences vary widely between states and between a petty theft and a robbery.

What a Juvenile Defense Attorney Does in a Theft Case

A juvenile theft lawyer's work follows the stages of the case. At the detention hearing, our juvenile defense attorney can present evidence under § 635 and argue for release, including release on home supervision. Before a petition is filed, or early in the case, our attorney can raise diversion where the offense and the jurisdiction allow it. Whether it is offered depends on probation, the prosecutor or the court.

At the jurisdiction hearing, the attorney tests whether the evidence proves the petition, including whether any statement was taken in line with § 625.6. At disposition, the attorney presents information about the child that bears on which response fits.

If a transfer motion is filed under § 707, our attorney can oppose it at the transfer hearing. That includes addressing the probation report and whether the clear-and-convincing standard on amenability to rehabilitation is met. After the case ends, the attorney can look at which sealing route fits the outcome. None of these steps guarantees a result. Each depends on the facts, the court and the law of the state where the case is pending.

If You'd Like to Talk Through Your Child's Theft Case

A theft petition can look minor on paper and still raise real questions: whether the charge is a misdemeanor or a felony, whether the child is detained, when the next hearing is and whether diversion or sealing is possible later. A consultation can cover what the petition alleges, which hearing comes next and what the court decides at it. This page does not cover school district rules, immigration law or civil claims by a store or an owner. To discuss a case like this with our attorney, contact Juvenile Justice Defense Group to request a consultation about a child's juvenile case.