Juvenile Felony Defense: What Parents and Guardians Need to Know

When a child is accused of a felony-level offense, the case may be brought in juvenile court. That court decides whether the allegations are true and, if they are, orders supervision, treatment or confinement. A juvenile felony case carries higher stakes than a misdemeanor case, including possible transfer to adult court, and its record does not seal itself.

Most people facing this moment are parents or guardians who got a phone call from the police or from juvenile hall. Their teenager has been arrested and accused of something serious, and now there is talk of a petition, a hearing tomorrow and maybe adult court. They are trying to work out what the words mean, who decides what and when, and what this could do to their child's schooling and future. This page walks through those steps in order. Juvenile law differs from state to state, so California's rules are used as the worked example and labeled as California's.

What a Juvenile Felony Charge Actually Is

A juvenile case does not begin with a criminal complaint. It begins with a petition. That is the document asking the juvenile court to find that the child falls under its authority because of an alleged offense. It plays a role like a complaint in adult court, but it is not the same thing, and the case that follows is not a criminal trial.

In California, the rule is Welf. & Inst. Code § 602. Generally, a minor who was between 12 and 17 years old, inclusive, when he or she allegedly broke a state or federal law, or a local ordinance defining a crime, is within the juvenile court's jurisdiction. The court "may adjudge the minor to be a ward of the court." A child under 12 falls within that jurisdiction only for the offenses § 602 lists: murder and certain forcible sex offenses. Other states set different ages, and no single age range applies across the country.

The trial-like step is the adjudication, which California calls a jurisdiction hearing. At this hearing a judge decides whether the allegations in the petition are true. If the judge finds them true, the petition is "sustained." That result is a finding, not a guilty verdict and not a conviction.

For older teens, a felony-level allegation can also lead to a transfer hearing.

The constitutional baseline comes from In re Gault, 387 U.S. 1 (1967). In that decision the United States Supreme Court held that a delinquency proceeding that can end in commitment to an institution must respect due process. That includes notice of the charges, the right to counsel, the right against self-incrimination, and the right to confront witnesses.

How a Juvenile Felony Case Moves Through Court

The process starts with police and then moves to intake. The U.S. Office of Juvenile Justice and Delinquency Prevention describes intake as generally run by the probation department or the prosecutor's office. Intake decides "either to dismiss the case, handle the matter informally, or request formal intervention by the juvenile court," according to the OJJDP case flow diagram. That page also notes that processing varies from state to state and even from community to community.

Diversion is a program that can resolve a case without a sustained petition. It usually involves conditions and supervision for a set period. Who is eligible depends on the offense, the child's history and the state's rules.

In California, when police bring a child to probation, the probation officer must investigate right away and release the child to a parent or guardian. The exception is where being at home is contrary to the child's welfare and one of the following applies: detention is urgently necessary to protect the child or reasonably necessary to protect another person or property; the child is likely to flee; or the child violated a juvenile court order (Welf. & Inst. Code § 628). Generally, a child must be released within 48 hours, not counting nonjudicial days, unless a petition or criminal complaint is filed in that time (§ 631).

A detention hearing is the court hearing where a judge or referee decides whether the child stays in custody. In California, it must happen as soon as possible and no later than the end of the next judicial day after the petition is filed. If that deadline is missed, the child must be released (§ 632). Section 632 sets a separate deadline for certain nonviolent misdemeanors. Nationally, OJJDP states that "In all States, a detention hearing must be held within a time period defined by statute, generally within 24 hours."

At the hearing, the California court must order release unless one of the grounds in § 635 applies. The court must also release the child unless there is a prima facie showing, meaning enough evidence at first look, that the child falls within § 601 or § 602. The seriousness of the alleged offense can be weighed alongside other factors. Home supervision, with or without electronic monitoring, must be considered equally whatever county the child lives in. A detention order lasts no more than 15 judicial days and must be entered with written findings (§ 636).

Who decides the adjudication also varies. OJJDP says a judge decides in nearly all adjudicatory hearings, although some states give the youth a right to a jury trial.

After a petition is sustained, the next step is disposition: what the court orders. Before that hearing, probation staff prepare a report. OJJDP describes this as developing "a detailed understanding of the youth" and of available support and programs. That usually reaches school, family and background.

The court may declare the child a ward of the court, meaning the child is under the court's continuing supervision. It may also order probation, which is supervision in the community with conditions. The full sequence is laid out in this site's guide to the juvenile court process.

Rights a Minor Has When Questioned by Police

Miranda v. Arizona, 384 U.S. 436 (1966), requires that a person in custody be told of the right to remain silent and the right to an attorney before questioning. In re Gault separately established the right against self-incrimination in juvenile proceedings.

California adds a step beyond Miranda. 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 consultation may not be waived."

The statute has limits. It does not apply where the officer reasonably believed the information sought 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 also does not require a probation officer to comply when performing ordinary duties under §§ 625, 627.5 or 628. Rules about questioning minors vary by state, and this is California's rule.

The consequences of skipping the consultation are spelled out too. A California court deciding whether a youth's statements can be used "shall... consider the effect of failure to comply." A willful violation can also bear on the officer's credibility. This means a statement can be challenged; whether a court keeps it out depends on the facts of the case.

On the right to a lawyer in court, In re Gault recognized a juvenile's right to counsel. That includes counsel appointed by the court where the family cannot afford one.

When a Juvenile Case Can Move to Adult Court

A transfer hearing is the proceeding where a juvenile court judge decides whether a minor's case should move to adult criminal court. It is also called a fitness hearing or a waiver hearing. For many parents, this is the hearing that frightens them most. The fear has a basis: if a transferred minor is convicted in adult court, the result is a criminal conviction with adult-court consequences, not a juvenile adjudication.

In California, Welf. & Inst. Code § 707 sets the terms. The prosecutor may move to transfer a minor who was 16 or older at the time of an offense listed in § 707(b) or "any other felony criminal statute." The prosecutor may also move to transfer someone who was 14 or 15 at the time of a listed offense, but only if that person was not apprehended before juvenile court jurisdiction ended. The motion must be made before jeopardy attaches.

The court then orders a probation report on the minor's "behavioral patterns and social history," including any statement from the victim. To transfer the case, the judge must find "by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court." In making that finding, the judge considers criteria the statute lists. Under § 707 as written, transfer requires a motion and a judge's finding; it does not happen on its own.

Other states use other mechanisms. OJJDP explains that in many states, prosecutors must file certain serious cases in criminal court. In a growing number of states, prosecutors have discretion to file a defined list of cases in either court (OJJDP). More detail is on this site's page about a juvenile being tried as an adult.

Possible Outcomes: Disposition, Probation, and Secure Confinement

A disposition can take many forms. Nationally, OJJDP describes informal handling, sometimes called "informal probation," where a youth agrees to conditions such as restitution, school attendance, counseling or a curfew. It also describes formal probation that often carries added requirements, as well as residential placement. Placements range from home-like settings to secure, prison-like facilities. Most dispositions combine several of these elements.

California's Division of Juvenile Justice no longer operates, so any description of commitment to it is out of date. California's current secure options, including secure youth treatment facilities, are set by statutes not quoted on this page. Which disposition a court orders in a given case depends on the offense, the probation report and the court's findings. Nothing about a charge alone predicts the result.

Sealing is a court process that restricts access to juvenile records. It does not happen automatically at age 18. It is covered in the next section.

Some consequences reach beyond the courtroom. California's § 786 refers to sustained petitions that make a person ineligible to own or possess a firearm until age 30. School discipline, employment, college admissions and financial aid can also be affected, depending on the facts and on rules this page does not cover. Immigration consequences are governed by immigration law this page does not cover.

School effects can follow a juvenile case, and they turn on rules outside the juvenile court itself. This site's overview of juvenile crimes places these outcomes in the wider system.

Juvenile Records: What Stays, What Can Be Sealed, and What Varies by State

A juvenile record does not seal itself when a child turns 18. Sealing takes a court order or a process the law sets out. California provides several routes.

Sealing after probation or informal supervision. Under Welf. & Inst. Code § 786, if a person satisfactorily completes informal supervision under § 654.2, probation under § 725, or a term of probation for any offense, the court "shall order the petition dismissed" and seal the related records. Those records include ones held by the court, law enforcement, the probation department and the Department of Justice. After dismissal, the arrest and proceedings "shall be deemed not to have occurred." The person may answer inquiries from employers and schools accordingly. Section 786(d) bars this dismissal and sealing when the petition was sustained on an offense listed in § 707(b) that was committed at age 14 or older, unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in § 707(b).

Sealing after diversion. Under § 786.5, the probation department must seal its records after the child satisfactorily completes a diversion or supervision program that probation or the prosecutor referred the child to instead of filing a petition. Law enforcement and the Department of Justice must seal their records within 60 days of notice. Probation must then notify the minor in writing within 30 days of their confirmation.

Sealing by petition. Under § 781, a person or the probation officer may generally petition to seal records in two situations. The first is five years after juvenile court jurisdiction ends, or five years after the police or probation contact if no petition was filed. The second is at any time after age 18. The court must find no felony conviction, and no conviction of a misdemeanor involving moral turpitude, since then. It must also find that rehabilitation has been attained to its satisfaction. For an offense listed in § 707(b) that was committed at age 14 or older and led to wardship, § 781(a)(1)(D) allows a petition to seal only in the situations that subdivision lists, including after the person has reached 18 and completed any probation supervision for that offense, and § 781(a)(1)(F) bars sealing a record of such an offense for which the person must register under Penal Code § 290.008.

A sealed record still exists. Under § 787, agencies holding sealed records may access them for required data reporting, without releasing identifying information. A court may also authorize researchers to use them under confidentiality protections.

Other states set different eligibility rules, waiting periods and coverage.

Defense Considerations in a Juvenile Felony Case

Juvenile court is its own system. It has its own statutes, terms, hearings and dispositions: a petition instead of a complaint, a disposition instead of a sentence, and a probation report prepared before disposition.

Where transfer is possible, the statutory criteria matter. In California, that means the § 707 findings and the factors the court must weigh before it can conclude a minor is not amenable to rehabilitation. Sealing is a separate step. It can come up after the case closes, sometimes years later under § 781.

This page does not cover the rules of any particular court, local diversion programs, or the practices of any specific probation department. For a broader view of how these pieces fit together, see this site's overview of juvenile defense.

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

A felony-level petition puts several decisions close together: detention, the possibility of a transfer motion, the disposition and, later, sealing. Each one turns on the specific allegation and on the state where the case is pending. This page explains the general rules; it does not address any one child's case.

To make an inquiry about a child's juvenile case, request a consultation through Juvenile Justice Defense Group.