Juvenile Sentencing in California: An Overview

San Jose Juvenile Sentencing Lawyer And Santa Clara Criminal Defense Attorney

When a juvenile is adjudicated delinquent of a crime, the judge has a variety of sentencing options, known as disposition orders. The disposition orders vary in seriousness and differ in some ways from those available to adults. Probation is especially widely used in juvenile cases.

Informal Probation

Informal probation is used when the offense is not very serious, and the probation officer does not file a petition to make the minor a ward of the court. There are several varieties of informal probation.

One type, Diversion, sends a juvenile’s case to probation before a petition is filed. Filing a petition is similar to charges being brought in an adult case. A juvenile under Diversion must follow a probation plan, lasting no more than six months. The plan may include education, counseling, curfew, drug testing, or community service. If the minor does not comply with the terms of probation, a petition may be filed in juvenile court.

Another type, Informal Probation, is similar to Diversion, but the petition is filed, then placed on hold. As long as the juvenile complies with the conditions of probation, the petition is dismissed at the end of the term of probation, which may not exceed six months.

In a Deferred Entry of Judgment (DEJ), the minor admits the offense, but the petition is dismissed as long as the minor completes the DEJ program. The DEJ program may include, for example, mandatory school attendance, curfew, drug testing, or warrantless searches. It is available for some felony offenses, and lasts from 12 to 36 months.

Formal Probation

In formal probation, the juvenile becomes a ward of the court. The term of probation may be served at home, in juvenile hall, at a drug program, or in a group home or foster home. The conditions of probation may include mandatory school attendance, a curfew, drug or alcohol counseling, restrictions on whom the juvenile can see, community service, a prohibition on driving, or paying restitution to the victim.

In some cases, the minor lives at home during the term of probation, though he or she is still a ward of the court. The probation department monitors the child’s school attendance, behavior, and compliance with probation requirements such as community service or counseling.

A juvenile may also be placed in a suitable foster or group home during the probationary period. Foster or group homes are used when the minor’s home environment is not suitable or when the minor’s relationship with his or her parents is bad.

Probation camp is an option for repeated violators of probation or juveniles who have committed serious offenses. Probation camps include school attendance, and usually last from about six months to a year.

Division of Juvenile Justice

Commitment to the Division of Juvenile Justice (DJJ) is a last resort. It is the most serious sentence in a juvenile case, and is essentially a prison for youth. The DJJ is only available for some offenses, such as rape, robbery, arson, an offense during which the juvenile used a weapon, or any offense requiring sex offender registration.

If your child has been charged with a juvenile crime, a skilled juvenile defense attorney expertise can help you present your best case to the judge. At our law offices, we have handled over 12,000 legal matters involving criminal, juvenile, and dependency court proceedings. Call (408) 277-0377 or contact us online to schedule an appointment with San Jose criminal defense attorney Wesley J. Schroeder.