The Superior Court of the State of California has original jurisdiction over minors involved in criminal activity. The part of superior court in which juvenile delinquency proceedings are handled is called juvenile court. Even though criminal cases are handled there, juvenile court is considered more civil than criminal in nature. There are significant differences between juvenile court and adult court:

1. There is no trial by jury in juvenile cases.
2. There is no conviction within the meaning of adult court.
3. Rather than a guilty or not guilty, juveniles admit or deny the allegations.
4. Juvenile defendants do receive many of the same constitutional protections that adults receive.
5. Juveniles are not entitled to bail.

The juvenile court process begins with what is called a detention hearing if the minor is in custody. If the case cannot be settled at this or subsequent hearings a trial is held, this is called a jurisdiction hearing. Generally sentences in juvenile cases are less than in adult cases. In many instances a juvenile can move to have their records sealed. The juvenile court may keep jurisdiction over the minor until he is 21 years old.

The main difference between adult court and juvenile court is the emphasis on rehabilitation. While the court must be concerned with protecting society it will also strive to use any punishment as rehabilitation.

Usually juvenile delinquency adjudication, unlike criminal convictions, can’t be used to increase the defendant’s sentence in subsequent criminal proceedings. There are a few exceptions to this, notably the 3 strikes law. Serious felonies under CPC 1192.7c or violent felonies under CPC 667.5c that result in convictions for over 16 minors may be strikes.

As opposed to the “open to the public” atmosphere of adult court juvenile cases are confidential. Usually only the minor and his/her guardians are allowed. Also, juvenile court files are not open to view by the general public.

When a juvenile proceeding begins, the first question usually is “Will my child remain in custody”. The answer is usually no. Unless the minor is covered by WIC 628 (a) probation will usually release the minor. Home supervision can be available under WIC 628 (a)(1). This is important to understand because there is no constitutional right to bail in a juvenile case.

Sometimes a probation officer will informally supervise a minor without a petition being filed. This is called informal probation. Informal probation can still be granted after a petition is filed, however it is up to the courts discretion.

Juvenile court can also allow a process known as deferred entry of judgment to minors over 14 and charged with a felony. There are certain eligibility requirements for this. The true benefit of this process is that it allows the court to dismiss the case if the minor successfully completes a probationary period.

Sometimes a juvenile case can be filed in adult court. The District Attorney’s office often has discretion as to where to file some cases. If a minor is 16 years or older and if the offense is listed in Welf & I C section 707 (b) the case could be filed in adult court.

There are strict time limits in juvenile cases. If a minor is detained he must have a jurisdiction hearing within 15 court days of the order directing the minor’s detention. A jurisdiction hearing is essentially a court trial. If a minor is not detained the time limit is 30 days from filing of petition.

Proof beyond a reasonable doubt is the burden in juvenile cases. The California Evidence Code is also in effect, so a thorough knowledge of it is necessary.

As can be seen from the above, juvenile court not only has numerous pitfalls for the uninitiated but has many advantages for those who are knowledgeable.