If your son or daughter has been arrested or cited, you are probably worried, confused, and unsure what to do first. Juvenile court in California works differently from adult court, and its stated goal is rehabilitation rather than punishment. That does not make the case unimportant. The decisions made early can affect your child’s schooling, record, and future. This page explains how the process works and what you can do now.
How juvenile court works
When a person under 18 is accused of breaking the law, the case usually goes to juvenile court under Welfare and Institutions Code § 602. The court has its own vocabulary, and the proceedings are generally closed to the public. Here is how the main terms compare with adult court:
| Adult court | Juvenile court |
|---|---|
| Complaint or information | Petition |
| Defendant | Minor, or youth |
| Trial | Adjudication (or jurisdictional hearing) |
| Jury of 12 | No jury; a judge decides |
| Conviction | Petition “sustained” |
| Sentencing | Disposition |
Your child still has the core protections of the criminal process, including the right to a lawyer, the right to remain silent, the right to confront witnesses, and the requirement that the prosecution prove the case beyond a reasonable doubt.
After an arrest: detention and the detention hearing
After an arrest, police may release your child to you, release them with a notice to appear, or take them to juvenile hall. If your child is held, the law requires that a petition be filed and a detention hearing be held quickly, usually within a few court days. At that hearing, a judge decides whether your child can come home while the case is pending, and on what conditions, such as school attendance, curfew, or electronic monitoring.
The detention hearing is often the first real chance to show the court that your child has a stable home, a parent who is involved, and a plan. Letters from teachers or coaches, school records, and information about counseling or activities can help. You can read more about release in the bail and release guide.
A word of caution: California law requires that a youth consult with a lawyer before a custodial interrogation and before waiving Miranda rights (Welfare and Institutions Code § 625.6). Even so, encourage your child not to discuss the case with police, school officials, other youths in custody, or on recorded jail phone calls. Calls and visits at juvenile hall may be monitored.
Informal supervision, deferred entry of judgment, and sealing
Many juvenile cases can be resolved without a sustained petition. Two common paths are:
- Informal supervision (Welfare and Institutions Code § 654): the probation department or the court places the youth on a program of supervision, often with counseling, community service, or restitution, for up to about six months. If the youth completes it, the case can be closed without a finding.
- Deferred entry of judgment (Welfare and Institutions Code § 790): for certain youths charged with a first felony, the youth admits the allegations, the court defers judgment, and the youth completes a period of probation. If successful, the charges are dismissed and the records can be sealed.
Eligibility depends on your child’s age, the charge, and any prior history, and the prosecution and probation department often have a say. A lawyer can identify these options early and present the information that helps your child qualify.
A juvenile record does not simply disappear at 18, but California offers meaningful sealing options:
- Automatic sealing (Welfare and Institutions Code § 786): when a youth satisfactorily completes probation, informal supervision, or deferred entry of judgment, the court generally must dismiss the petition and seal the records.
- Sealing by petition (Welfare and Institutions Code § 781): a person can ask the court to seal juvenile records that were not sealed automatically, once they are old enough or enough time has passed, and if they meet the other requirements.
Some serious offenses have narrower sealing rules. Once records are sealed, the case is generally treated as though it never happened. Because the rules depend on the offense and the outcome, it is worth having a lawyer review the file and confirm whether sealing has actually happened.
Can my child be tried as an adult?
Only in limited circumstances. After Proposition 57 (2016), prosecutors can no longer file charges against a minor directly in adult court. A case can be moved to adult court only after a transfer hearing under Welfare and Institutions Code § 707, where a juvenile court judge weighs factors such as the youth’s maturity, history, and the possibility of rehabilitation before the end of juvenile court jurisdiction.
After Senate Bill 1391 (2019), youths who were 14 or 15 at the time of the alleged offense generally cannot be transferred to adult court at all. Transfer is generally possible only for youths who were 16 or 17 at the time and are accused of a felony. If the prosecution asks for a transfer hearing, the stakes are very high, and preparation, including a thorough social history and, often, a psychological evaluation, matters a great deal.
Your role as a parent
You are an important part of your child’s case. The court will look at your home, your supervision, and your involvement. Go to every hearing. Keep your child in school and attending any counseling. Keep a folder of report cards, letters, and certificates. The court can order parents to take part in programs and can hold parents financially responsible for restitution in some cases.
It also helps to understand one thing that surprises many families: the lawyer represents your child, not the parents. Your child’s conversations with the lawyer are confidential, and the lawyer must follow your child’s wishes on key decisions. A good lawyer will still keep you informed and work with you, because a supportive parent is often one of the strongest parts of a juvenile defense.
How Eric H. Hintz approaches juvenile cases
Eric H. Hintz has practiced Criminal Defense since 1985 and handles juvenile cases in courts throughout California. He reviews the police reports and evidence, investigates the facts, looks for alternatives such as informal supervision or deferred entry of judgment, consults experts such as psychologists where needed, and prepares for the adjudication when a case should be contested. He will explain the process to you and your child in plain terms.
Consultations are free. If your child is in custody, Eric is generally willing to meet with you first. Call the office at (916) 465-6500, or call or text 24 hours a day at (916) 802-5979.
Common questions
Is a juvenile case a criminal conviction?
No. In California, a sustained juvenile petition is not considered a criminal conviction for most purposes. That said, a juvenile record can still have consequences, including for some school, immigration, and future sentencing questions, and certain serious offenses can count as “strikes” later. Sealing the record when possible is important.
Will there be a jury?
No. Juvenile cases in California are decided by a judge, not a jury. The hearing where the judge decides whether the allegations are true is called the adjudication or jurisdictional hearing. The prosecution must still prove the allegations beyond a reasonable doubt, and your child has the right to a lawyer, to cross-examine witnesses, and to remain silent.
Can I be in the room when my child talks to the lawyer?
The lawyer represents your child, and private conversations protect the attorney-client privilege. Many lawyers will meet with the family together for general questions, then speak with the youth alone about the facts. This is not about excluding parents; it is about keeping your child’s statements confidential.
Can a 14- or 15-year-old be tried as an adult in California?
Generally, no. Since Senate Bill 1391 took effect in 2019, youths who were 14 or 15 at the time of the alleged offense generally cannot be transferred to adult court. For youths who were 16 or 17, transfer is possible only after a hearing under Welfare and Institutions Code § 707, and only when the charge is a felony.
Will my child’s record be sealed automatically?
Often, yes. Under Welfare and Institutions Code § 786, when a youth satisfactorily completes probation, informal supervision, or deferred entry of judgment, the court generally must dismiss and seal the case. Records that were not sealed automatically may be eligible for sealing by petition under § 781. It is worth confirming that sealing actually happened.
Related tools and pages
Last reviewed October 2026.
General information, not legal advice. Every case is different.