A juvenile defense lawyer represents a child accused of breaking the law in juvenile court, where cases against people under 18 are usually handled. The lawyer speaks for the child at the detention hearing, challenges the charges, can explore diversion, and argues what should happen at disposition, under rules that differ from adult court and from state to state.

If you are reading this, something has already happened. Police may have called to say they want to talk to your son. Your daughter may have been taken from school in a patrol car, or you may be sitting with a notice to appear and a court date you do not understand. Most parents in this position are trying to answer the same few questions at once: Is my child coming home tonight? What are they actually accused of? Will this follow them to school, to college, into adulthood? This page walks through how a juvenile case moves, step by step, and what the law says at each stage.

Juvenile law is state law, so the details depend on where the case is pending. California's rules are used throughout as the worked example, and each time a specific age, deadline or condition appears, it is labeled as California's rule.

What a Juvenile Defense Lawyer Does

A juvenile defense lawyer represents a minor, usually a teenager, in a delinquency case: a case in which the state says the child broke a criminal law. The work begins before any court date. It can start with advice about rights when police want to question the child, continue through the first hearing on whether the child stays in custody, and run through the end of the case and beyond, into record sealing.

Juvenile court has its own vocabulary, and it matters, because the words reflect a different system from adult criminal court:

  • A petition is the document that formally accuses a minor of a delinquent act and starts the court case. It is not a criminal complaint.
  • A detention hearing is the early hearing where a judge decides whether a child who is in custody stays in custody or goes home while the case continues.
  • A jurisdiction hearing, called an adjudication hearing in many states, is where the court decides whether the allegations in the petition are true. It is the juvenile-court counterpart to a trial.
  • A disposition is the court's order about what happens after the allegations are found true. It is not a sentence.
  • A ward of the court is a minor the juvenile court has taken authority over after finding the allegations true. Under California's Welf. & Inst. Code § 602, the juvenile court "may adjudge the minor to be a ward of the court." A child declared a ward has not been convicted of a crime.
  • Probation is court-ordered supervision in the community, with conditions the child must follow.
  • Diversion is a program a child completes instead of going through formal court proceedings.
  • A transfer hearing is where a juvenile court decides whether a case should move to adult criminal court.
  • Sealing is a court-ordered or legally required restriction on who can see a juvenile record.

The constitutional starting point is a United States Supreme Court decision, In re Gault, 387 U.S. 1 (1967), which held that children in delinquency proceedings have due-process rights, including the right to counsel. Beyond that foundation, each state writes its own rules for how juvenile cases run. California's statute on appointed counsel, Welf. & Inst. Code § 634, provides that when a minor is alleged to be a person described in Section 602 and appears at a hearing without counsel, the court "shall appoint counsel for the minor... whether he or she is unable to afford counsel or not, unless there is an intelligent waiver of the right of counsel by the minor." The same section requires the court to appoint separate counsel when a parent's and a child's interests conflict so much that one attorney could not properly represent both.

How the Juvenile Court Process Generally Works

These cases usually follow a recognizable sequence, though the federal Office of Juvenile Justice and Delinquency Prevention notes that "even within States, case processing often varies from community to community," so any description has to be general (OJJDP case flow). The common path runs: police contact or arrest, a decision about whether the child is held, a detention hearing if the child is held, the filing of a petition, the jurisdiction hearing, and the disposition hearing.

Arrest and the first decision about custody

In California, the Judicial Council's self-help guide explains that after an arrest a child may be released with a notice to appear, offered a voluntary program, sent home while the case goes to the district attorney, or kept in custody while the district attorney decides whether to file a petition (If a youth is arrested). The same guide states that the child "can make at least 2 phone calls within 1 hour of being arrested," one to a parent, guardian, relative or employer and one to a lawyer.

When a child is delivered to probation in California, Welf. & Inst. Code § 628 requires the probation officer to investigate immediately and to release the child to a parent, guardian or responsible relative unless staying home is contrary to the child's welfare and at least one condition exists: detention is an immediate and urgent necessity to protect the child, or reasonably necessary to protect another person or property; the child is likely to flee; or the child has violated a juvenile court order.

Time limits on custody in California

California sets firm clocks. Under Welf. & Inst. Code § 631, a child taken into custody generally must be released within 48 hours, excluding nonjudicial days, unless a petition or a criminal complaint has been filed in that time. Under Welf. & Inst. Code § 632, a child who stays in custody must be brought before a juvenile court judge or referee for a detention hearing "as soon as possible but in any event before the expiration of the next judicial day after a petition... has been filed." For a child arrested without a warrant on a misdemeanor not involving violence, threats or weapons, who is not on probation or parole, the hearing must happen no later than 48 hours after custody began, excluding nonjudicial days. California's court rules add that if the detention hearing does not begin within the time limits, "the child must be released immediately," with a narrow exception for some wards awaiting a change of placement (Cal. Rules of Court, rule 5.752).

The detention hearing

At a California detention hearing, Welf. & Inst. Code § 635 directs the court to examine the child and parent, hear evidence the child, parent or counsel wants to present, and order the child released unless the child violated a court order, escaped from a juvenile commitment, is likely to flee, or detention is necessary to protect the child or another person or property. The court may weigh "the circumstances and gravity of the alleged offense," but only "in conjunction with other factors," and may not base detention solely on the county where the child lives. The court may order home supervision, with or without electronic monitoring. If the court does order detention, Welf. & Inst. Code § 636 limits the order to "a period not to exceed 15 judicial days" and requires written findings of fact. Before detaining, the court must also decide whether services could allow the child to go home and must state the evidence it relied on (Cal. Rules of Court, rule 5.760). The self-help guide adds a point many parents do not expect: "Unlike in adult court, there is no 'bail'" (Juvenile justice court process).

The jurisdiction hearing

In California, the judge decides whether the child did what the petition alleges. "There is not a jury trial," and the district attorney "must prove the youth did what they're accused of beyond a reasonable doubt" (Juvenile justice court process). Nationally, OJJDP describes the decision as made by a judge in nearly all cases, "although, in some States the youth is given the right to a jury trial" (OJJDP case flow). Under Welf. & Inst. Code § 702, if the court finds the allegations not proven, it "shall order that the petition be dismissed" and the child discharged from detention or restriction. If it finds them true, it moves to disposition and, where an offense could be either a felony or a misdemeanor for an adult, must declare which it is.

Disposition

Disposition is where the court decides what happens next. California's law describes outcomes including probation, and the self-help guide describes, for youth found to have committed the most serious offenses, an order to a secure youth treatment facility, where the youth "lives there, attends school, and receives rehabilitative services based upon an individualized case plan approved by the court" (Juvenile justice court process). Parents may also be ordered to pay restitution, which the guide defines as "money to compensate for losses or damage caused by your child" (If a youth is arrested). Which disposition a court orders depends on the facts, the child and the court.

Diversion

Diversion can come before any petition. In California, the Judicial Council explains that the probation officer "might offer to let your child do a special diversion program instead of going to court," that "each county has different rules and different programs," and that if the child completes it, "the juvenile court does not need to get involved" (JV-060-INFO). The self-help guide describes such programs as classes, counseling, community service or other activities, under a contract that "can last 6 months" (If a youth is arrested). Whether diversion is offered depends on the facts, the county and the decision-makers involved.

A Minor's Rights During Police Questioning

The moment police ask to talk to a child is often the moment a parent feels least prepared, and it is also where state law differs sharply.

A Miranda warning is the advisement police give before questioning a person in custody: in plain terms, that the person may remain silent, that what they say can be used against them, and that they have a right to a lawyer. For children, the warning is only part of the picture, and what more a state requires is up to that state.

California goes further than the warning. Under Welf. & Inst. Code § 625.6, "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 statute adds: "The consultation may not be waived." When a court later decides whether the child's statements can be used, it must consider any failure to follow this rule, and may weigh a willful violation in judging an officer's credibility.

The statute has stated limits. It does not govern the admissibility of statements when the officer reasonably believed the information was necessary to protect life or property from an imminent threat and limited the questions to what was reasonably necessary to get it. It also does not require a probation officer to follow the consultation rule in the normal performance of duties under Sections 625, 627.5 or 628. The Judicial Council describes the rule for parents the same way: a child under 18 in custody "must have a confidential consultation with an attorney" before giving up rights, and only after that consultation does the officer give the Miranda advisement (JV-060-INFO).

Other states set their own rules on when a child must speak with a lawyer, whether a parent must be present, and what triggers those protections. California's § 625.6 is California's rule.

When a Juvenile Case Can Move to Adult Court

A transfer hearing, called a fitness hearing in some places, is where a juvenile court decides whether a child's case should leave juvenile court and go to adult criminal court. For a parent, few words land harder than "tried as an adult," so it helps to see exactly what the law requires.

In California, Welf. & Inst. Code § 707 allows the district attorney to make a motion to transfer in two situations: when the minor was 16 or older at the time of an offense listed in § 707(b) "or any other felony criminal statute"; and when the person was 14 or 15 at the time of a § 707(b) offense but "was not apprehended prior to the end of juvenile court jurisdiction." The motion must be made before jeopardy attaches. The court then orders probation to prepare a report on the child's "behavioral patterns and social history," which includes any statement offered by the victim, and after considering that report and any other evidence either side offers, "the juvenile court shall decide whether the minor should be transferred." To order a transfer, the court "shall find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court," considering the five criteria § 707 lists: the minor's criminal sophistication, whether the minor can be rehabilitated before juvenile court jurisdiction ends, the minor's previous delinquent history, the success of previous attempts to rehabilitate the minor, and the circumstances and gravity of the alleged offense. A transfer order must state the reasons supporting that finding.

California's court rules require notice of the transfer hearing "at least five judicial days before the hearing," require the court to find a prima facie showing that the alleged offense makes the youth subject to transfer, and require the transfer ruling before the jurisdiction hearing begins (Cal. Rules of Court, rule 5.766). The Judicial Council's information sheet for parents summarizes the usual case, saying a case "can only be transferred to adult court if your child is 16 years old or older, charged with a felony, and the court finds that the juvenile system cannot rehabilitate your child," and that the hearing happens "only if the prosecuting attorney (D.A.) asks for the transfer" (JV-060-INFO); § 707 itself also reaches the narrower group of 14- and 15-year-olds described above.

The stakes are real. The self-help guide states that a youth tried as an adult "can be sent to adult prison (CDCR) if found guilty" (Juvenile justice court process). The outcome of any transfer hearing depends on the evidence, the report and the court.

Other states use different mechanisms. OJJDP explains that "in many States prosecutors are required to file certain (generally serious) cases involving youth in the criminal court," and that in a growing number of states the prosecutor has discretion to file a defined list of cases in either court (OJJDP case flow). Which path applies is a question of the law of the state where the case is pending.

Juvenile Record Sealing — What It Means and When It Can Happen

Parents often ask about the record before they ask about anything else, because it is the part that seems to reach furthest into a child's future. A juvenile record does not disappear at 18, and it is not erased. Sealing restricts access to it, and in California, when and how that happens depends on how the case ended.

California provides several routes:

  • Completion of probation or informal supervision. Under Welf. & Inst. Code § 786, if a person alleged or found to be a ward satisfactorily completes informal supervision under Section 654.2, probation under Section 725, or a term of probation for any offense, "the court shall order the petition dismissed" and order the records sealed in the custody of the court, law enforcement, probation and the Department of Justice. The court sets a date for destruction of the sealed records and notifies the person of the right to nondisclosure of the arrest and proceedings. Where the sustained petition makes the person ineligible under California law to own or possess a firearm until age 30, § 786 sets the destruction date at the person's 33rd birthday. Under § 786(d), this route does not apply if the petition was sustained for 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 on that list.
  • Completion of diversion. Under Welf. & Inst. Code § 786.5, the probation department "shall seal" the citation, arrest and related records after satisfactory completion of a diversion or supervision program to which a juvenile was referred by probation or by the prosecutor instead of a petition. Law enforcement and the Department of Justice must seal their records within 60 days of notice from probation, and probation must notify the minor in writing within 30 days of being told the records are sealed.
  • Petitioning the court. Under Welf. & Inst. Code § 781, the person or the probation officer may petition to seal records five years or more after juvenile court jurisdiction ends, or, if no petition was filed, five years or more after the citation or contact, or "in any case at any time after the person has reached 18 years of age." The district attorney and probation are notified and may testify at the hearing, and the court orders sealing if it finds that the person has not since been convicted of a felony or of a misdemeanor involving moral turpitude and that rehabilitation has been attained to its satisfaction. For an offense listed in § 707(b) committed at 14 or older that resulted in wardship, § 781(a)(1)(D) allows a petition only in the circumstances it lists.

Sealing is not total secrecy. For example, under Welf. & Inst. Code § 787, agencies holding sealed records may access them for required data reporting, and a court may authorize researchers to use them, in both cases without releasing personally identifying information.

Other consequences can follow a juvenile case, including school discipline, college admissions, financial aid and employment questions; they depend on the facts and on rules this page does not cover. Whether a juvenile matter carries sex-offense registration or firearm restrictions likewise depends on the offense, the statute and the court. For a child who is not a U.S. citizen, immigration consequences are a separate question governed by immigration law, which this page does not cover. Sealing rules, eligibility and timing in other states follow those states' own laws.

What Varies by State — and Why It Matters

Almost every rule on this page has a California label for a reason: the ages, the clocks, the programs and the record rules all change at the state line.

Age. OJJDP explains that "States vary in terms of their upper age of juvenile court jurisdiction," that 17 is the most common upper age, and that most states have exceptions placing some youth at or below that age in adult court (OJJDP upper age of jurisdiction). The youngest age a juvenile court can hear a case is also set by each state's law. In California, Welf. & Inst. Code § 602 covers minors 12 through 17 years old, inclusive, and covers a child under 12 only for murder or the forcible sex offenses the statute lists: rape, sodomy, oral copulation or sexual penetration by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.

Detention timing. OJJDP states that "in all States, a detention hearing must be held within a time period defined by statute, generally within 24 hours" (OJJDP case flow), but the specific clock and the grounds for holding a child are each state's own.

Diversion. Programs and eligibility differ between states and, as California's own guidance says, between counties within a state.

Transfer. Which offenses qualify, at what ages, and whether a judge decides or a prosecutor chooses the court are set by each state's statute.

Records. When a person may apply for sealing or expungement, and what the order covers, differ by state.

What This Site Covers — and What It Does Not

This site covers juvenile criminal defense for minors: police questioning, arrest, detention, petitions, jurisdiction and disposition hearings, probation, diversion, transfer to adult court, record sealing, and how juvenile cases differ from adult criminal proceedings, with California's system covered in the most depth.

It does not cover adult criminal defense except where a minor's case moves to adult court, dependency cases in which a parent is accused of abuse or neglect, immigration proceedings, school discipline that involves no criminal charge or police involvement, or civil claims. It does not describe fees, retainers or the cost of legal representation. Disclaimers appear at the foot of this page.

Discussing Your Child's Case

The rules above explain how a juvenile case moves, but a child's case turns on specifics: what the petition alleges, whether the child is detained and for how long, which hearing is set next and when, and whether diversion, transfer or sealing is in play. A consultation can cover those points, including the charge or petition, the hearing dates and the stage the case has reached. This page describes California's rules as an example and does not state the rules of the state where every case is pending.

To discuss these questions with an attorney, you can contact Juvenile Justice Defense Group to request a consultation about a child's juvenile case.