From Intake and Detention Hearings to Adjudication and Disposition
The juvenile arrest and court processes differ significantly from those for adult suspects. Learning more about these systems can help minors accused of crimes and their parents better understand what to expect. If your child has been arrested or accused of a crime, a juvenile defense lawyer like Peter M. Liss can help answer any questions you may have about your specific case.
How Does Juvenile Court Work in San Diego?
Minors are tried in the California juvenile court system. Police may pick up juveniles for “juvenile delinquency” (committing a crime) or a “status offense” (minor age-related offenses such as truancy or minor in possession charges). With rare exception, only individuals over 12 can face criminal charges.1
Juvenile Court vs. Adult Criminal Court
Many people are familiar with the terminology and stages of adult courts, but not the juvenile system. Here’s how the two differ:
| Juvenile Court | Adult Criminal Court |
| Respondent | Defendant |
| Detention hearing | Arraignment |
| Adjudication | Trial |
| True finding | Guilty verdict |
| Disposition | Sentencing |
| No bail | Bail in some cases |
| Rehabilitation-focused | Punishment/deterrence-focused |
| No jury trial | Right to a jury trial |
| Juvenile detention facilities | Jail or prison |
Where is the San Diego Juvenile Court?
While there are many courthouses in San Diego County, the only juvenile court in this jurisdiction is located at:
San Diego Juvenile Court
2851 Meadow Lark Drive
San Diego, CA 92123
The court is next to the Youth Transition Campus detention facility, near the interchange between the 805 and 163 highways.
The Juvenile Court Process
The juvenile court system has six steps, though many cases do not go through all six:
Intake
An intake assessment may occur after a minor is arrested or the court receives a referral from law enforcement or the child’s school. A juvenile probation officer reviews information about the alleged offense, the minor’s background, and the circumstances of the case.
The intake process may include reviewing the police report, school records, prior record, and information provided by the parents and the minor. The probation department then determines how the case should proceed, which may include releasing the minor, referring the minor to a program, or recommending that a petition be filed.
“Most minors are released to their parents after an intake hearing, even if the officer recommends charges be filed against the teen,” explains attorney Peter Liss. However, some youths are detained because they don’t have a stable residence or have been accused of a more serious offense.
Learn more about what happens after a juvenile arrest, including detention and release.
Filing of the Petition
The District Attorney will review the intake report and determine whether they should file a petition. Filing a petition is the juvenile equivalent of filing charges against an adult.
“The San Diego District Attorney is currently referring many misdemeanor offenses in their pre-file state to diversion programs like the National Conflict Resolution Center,” explains Liss. “A lawyer can attend these diversion intake meetings to ensure the program is right for the minor and to answer client questions.”
The Detention Hearing
The detention hearing is the juvenile equivalent of an arraignment. If a minor is placed in custody, the District Attorney has 48 hours (excluding non-court days) to hold a detention hearing. If the hearing is not held within 48 hours, the minor must be released into the custody of their guardian. If the child is not in custody, the DA has 15 court days to schedule a hearing.
The judge will decide whether they will be placed into parental custody or kept in the juvenile detention facility. The judge will base this decision on the report presented by the probation department, the defendant’s background and behavior, and the severity of the charges. The minor’s defense lawyer can present arguments supporting their release back into their parent’s custody.
Transfer Hearing: When Can Juveniles be Tried in Adult Courts?
If a child over 16 commits a grave offense, such as aggravated assault, rape through force, murder, the charge could potentially be filed in adult court. If a prosecutor files a request to transfer the case to adult court, a transfer hearing is held to decide whether the child should be tried in the juvenile or adult criminal court system.
In most situations, juvenile defense lawyers work to ensure their clients’ cases are handled in the San Diego juvenile system, as sentencing is generally less severe for minors. “I always try to keep these matters out of adult courts,” says Liss, adding, “This is particularly important for those charged with sex crimes because teens who receive probation for sex crimes are not required to register as a sex offender.”
Adjudication
Like adult cases, most juvenile court cases are resolved through plea agreements; those that aren’t enter adjudication, the juvenile equivalent of a trial.
Adjudication is decided by a judge, not a jury. While minors do not receive jury trials, they can still defend themselves against the charges with a skilled San Diego juvenile crimes lawyer.
When a judge determines a juvenile is guilty of the offense, it is known as a “true finding,” not a conviction. If the judge finds there is insufficient evidence to prove the minor’s guilt, they will rule that the charges are “not true.”
Disposition Hearing
If the judge reaches a true finding, they will schedule a disposition hearing, which is similar to a sentencing hearing in adult court. At this hearing, the prosecution and criminal defense attorney will present arguments regarding what they believe is the most appropriate sentence for the juvenile.
The ultimate goal of the juvenile justice system is to rehabilitate minors, not punish them. The judge will consider what they believe is the most appropriate way to teach the teen a lesson and remedy any wrongs incurred by the victim.
How Long Does a Juvenile Case Take?
Each case is unique, and there is no simple answer. A complicated murder case could stay in the courts for months, while a theft case resulting from a misunderstanding could be dropped within a day. If the minor is held in custody, the timeline for detention hearings and adjudication is typically expedited.
“Generally speaking, in San Diego County, you can expect a misdemeanor case to be resolved in under three months and a felony kept in the juvenile justice system to be resolved in four months,” explains Liss. “However, things can vary dramatically from case to case.”
While your attorney may be able to give you a better idea of how long your case will take to wrap up, no one can guarantee exactly how long it will take.
What Happens After a Juvenile Receives a True Finding?
Juvenile offenders face many of the same penalties as adult offenders. However, the juvenile justice system aims to rehabilitate, not punish, which is why California state limits the maximum sentences based on the juvenile’s age:
- A minor under age 16 can typically only be incarcerated until age 21.
- A minor under age 16 who committed certain serious felonies can be incarcerated until 25.
- A minor over 16 can be incarcerated until age 25, if charged as a juvenile.
- A minor charged as an adult can be sentenced up to life imprisonment, but cannot be sentenced to death.
Minors found guilty in adult courts will be held in a juvenile facility until they turn 18, then transferred into an adult jail or prison.
Alternative Sentencing Used in California Juvenile Court Proceedings
Detention is not the only option for juveniles after a judge makes a true finding in their case. They may also receive an alternative sentence, such as:
- Probation: When a juvenile is sentenced to probation, they can avoid time in a detention facility by following a set of rules, such as regular drug testing, wearing a GPS ankle monitor, maintaining their grades in school, adhering to a strict curfew, performing community service, and more.
- Diversion: One of the most beneficial outcomes, diversion allows for deferred sentencing if the child agrees to a behavior contract that includes activities such as counseling, outreach programs, and “scared straight” programs.2 When the program is fully completed, the charge will not appear on the teen’s criminal record.
- Out-of-Home Placement: Judges may also avoid sending a minor to a juvenile detention center by ordering out-of-home placement at a group home, residential facility, training school, or foster home. An example is San Diego’s Cool Bed Program. This option is most commonly used when the judge believes the child’s home life is too unstable.
In cases involving drugs, alcohol, or driving crimes, judges may also suspend or delay a minor’s ability to obtain a driver’s license.
What Rights Do Juveniles Have in Court?
Juveniles may not have the right to trial by jury, but they are still awarded many of the same constitutional protections as adults, specifically:
- The right to an attorney
- Freedom from self-incrimination
- The right to hear the charges against them and confront their accusers
- The right to a speedy trial, though the deadlines are typically shorter than those for adults
- Presumed innocence until proven guilty beyond a reasonable doubt
- The right to appeal
Call a San Diego Juvenile Defense Attorney
A lawyer is critical in ensuring that a juvenile’s rights are protected throughout the arrest, investigation, and court processes. If your child has been accused of a crime, please contact attorney Peter M. Liss at (760) 643-4050 to schedule a free consultation to discuss your case.
Find out how a San Diego juvenile defense attorney can support your child here.
Frequently Asked Questions About the San Diego Juvenile Court System
Do Juveniles Have Jury Trials?
No. The juvenile court system does not have trial by jury. Instead, a judge decides cases at an adjudication hearing.
What Happens at a Juvenile Detention Hearing?
The detention hearing is similar to an arraignment in the adult court. During a detention hearing, the judge will hear from the prosecutor and defense attorney to determine whether the teen should be released to their legal guardian or kept in custody.
What is an Adjudication?
Adjudication is when a judge decides whether the prosecution has presented enough evidence to prove the charges true. It is used in place of a trial when the prosecution and defense cannot agree on a plea bargain. When a judge makes a true finding of guilt, the sentence is determined in a disposition hearing.
What Happens at a Disposition Hearing?
Disposition hearings are similar to an adult’s sentencing hearing. During these hearings, a judge will hear from the defense and prosecution and determine the most appropriate consequences for the juvenile’s actions. Unlike adult courts, the judge is tasked with focusing on rehabilitation over punishment.
Can a Juvenile Case be Dismissed?
Yes. If there is insufficient evidence to support the charges or mitigating circumstances to justify the behavior, an attorney may be able to convince the prosecution or judge to drop the charges. Similarly, charges resolved through a diversion program are dismissed at the completion of the program.
Can Minors Under 12 Face Criminal Charges in California?
Children under 12 cannot be processed through the juvenile justice system. Instead, parents and schools are primarily responsible for addressing most behavioral issues exhibited by children this age. In more serious situations, community-based organizations, behavioral health organizations, and child welfare systems may become involved.
Legal References
- Juvenile Procedures (San Diego Police Department) ↩︎
- Diversion Programs (Youth.gov) ↩︎
