1. First Contact and the Arrest Process
When police take a minor into custody, juvenile court rules govern detention and the first hearing. Counsel may review custody, the petition, and release issues.
Detention Hearing Deadlines after Juvenile Custody
A child generally must be released within 48 hours, excluding noncourt days, unless a petition or qualifying notice is timely filed. The hearing deadline then depends on the alleged offense, custody status, and filing date under California Rule of Court 5.752.
Interrogation and Miranda Rights for Minors
Welfare and Institutions Code Section 625.6 generally requires a youth age 17 or younger to consult with counsel before custodial interrogation and before waiving Miranda rights. The consultation cannot be waived, subject to statutory exceptions. A court considers noncompliance when deciding admissibility.
2. School Incidents and Marijuana Possession
Public school officials may search a student when reasonable suspicion supports a search reasonable in scope. A school incident may also lead to discipline, a law enforcement referral, or both.
How School Arrests Differ from Street Arrests
School searches do not always use the probable-cause standard governing police searches outside school. Counsel may examine who conducted the search, why it began, and its scope.
Diversion Programs and Deferred Entry of Judgment
Some juvenile matters may qualify for informal supervision or Deferred Entry of Judgment (DEJ). Section 654 addresses informal supervision, while Sections 790 through 795 govern DEJ.
| Program | Core Requirement | Potential Effect |
|---|---|---|
| Informal Supervision | Suitability under intake rules | May proceed without a formal petition |
| DEJ | Qualifying felony petition and statutory eligibility | Completion may lead to dismissal and sealing |
Informal Supervision
- Core RequirementSuitability under intake rules
- Potential EffectMay proceed without a formal petition
DEJ
- Core RequirementQualifying felony petition and statutory eligibility
- Potential EffectCompletion may lead to dismissal and sealing
3. Shoplifting, Theft, and Record Sealing
Shoplifting allegations may involve a delinquency petition, restitution, and civil merchant claims. Evidence, value, intent, and diversion options should be reviewed.
Restitution and Store Damages
Section 730.6 governs victim restitution for economic losses. Criminal Restitution review may address causation, documentation, and amount, while Penal Code Section 490.5 provides separate civil remedies for qualifying merchant claims involving an unemancipated minor.
Sealing Juvenile Records
Juvenile records do not necessarily disappear at age 18. Section 781 permits eligible individuals to seek sealing five years after juvenile jurisdiction ends or after reaching age 18, subject to statutory conditions and exceptions.
4. Assault Allegations, Status Offenses, and Underage DUI
Assault, age-based conduct, and alcohol-related driving allegations involve different statutes and procedures. Available defenses depend on the facts.
Self-Defense and Witness Statements
For assault allegations under Penal Code Sections 240 or 245, self-defense may apply when the minor reasonably believed force was necessary to prevent imminent unlawful harm and used no more force than reasonably necessary. Witness statements and video may affect that analysis.
DMV Proceedings for Drivers under 21
Vehicle Code Section 23136 prohibits a driver under 21 from driving with a blood-alcohol concentration of 0.01 percent or greater. Related DMV consequences depend on applicable testing, suspension, and review provisions.
Curfew Violations and Status Offenses
Section 601 addresses specified age-based conduct, including qualifying patterns of truancy and certain curfew violations. Education Code procedures may also apply to repeated truancy.
Gang Allegations and Transfer to Criminal Court
Gang allegations require proof of statutory elements rather than social association alone. Penal Code Section 186.22 governs applicable gang offenses and enhancements.
Gang Evidence and Association
Social media, clothing, tattoos, or relationships may be evidence, but their significance depends on the statutory elements. Counsel may review expert testimony and digital evidence.
Transfer to Criminal Court
Under Section 707, prosecutors may seek transfer for qualifying felony allegations when statutory age and offense requirements are met. California Rule of Court 5.770 requires the prosecution to establish the required transfer findings by clear and convincing evidence.
5. Frequently Asked Questions
Do juvenile records automatically seal when a minor turns 18?
No. Section 781 provides a petition process for eligible records, while other sealing provisions may apply.
Can police question a minor at school without a parent present?
Parental presence is not the statutory test. Section 625.6 generally requires a youth age 17 or younger to consult with counsel before custodial interrogation, subject to statutory exceptions.
Can a juvenile case be transferred to criminal court?
Yes, but only when statutory requirements are met and the court makes the findings required by Section 707 and Rule 5.770.
14 Sep, 2026
