When a minor is accused of a crime, the consequences can follow them for years. California's juvenile justice system operates differently from the adult system, with a focus on rehabilitation rather than punishment — but the process is complex, and the stakes for your child's future are high. Here is what Sacramento parents need to know.
The Juvenile Court System in Sacramento
Juvenile delinquency cases in Sacramento are handled by the Sacramento County Juvenile Court under the jurisdiction of the Sacramento Superior Court. The proceedings are governed by the Welfare and Institutions Code (WIC), primarily Sections 602-800. Unlike adult criminal court, juvenile proceedings are not open to the public, and there is no right to a jury trial — cases are decided by a juvenile court judge.
The terminology differs from adult court: minors are not "charged" but rather "petitioned"; they are not found "guilty" but "sustained"; and rather than being "sentenced," the court makes a "disposition." These distinctions reflect the system's rehabilitative focus.
Your Child's Constitutional Rights
Despite the different terminology, juveniles retain fundamental constitutional rights established by the landmark U.S. Supreme Court decision In re Gault (1967): the right to notice of the charges, the right to legal representation (if parents cannot afford an attorney, one will be appointed), the right to confront and cross-examine witnesses, and the privilege against self-incrimination. Under California law, minors must have an opportunity to consult with an attorney before any custodial interrogation.
Diversion Programs
California has dramatically expanded diversion options for juveniles. Under Welfare and Institutions Code Section 654.3, law enforcement agencies may establish pre-arrest diversion programs that allow eligible minors to avoid the formal court process entirely. Sacramento County offers several diversion programs through the Probation Department, including community service requirements, educational workshops, restorative justice programs, and substance abuse counseling.
Additionally, under WIC Section 654.2, prosecutors may offer deferred entry of judgment (DEJ), where the minor admits the offense but the case is continued. If the minor successfully completes the program requirements (typically 12 to 36 months), the charges are dismissed and the record is sealed.
Transfer to Adult Court
For the most serious offenses, a minor aged 16 or older may be transferred to adult criminal court under Welfare and Institutions Code Section 707. This occurs through a "fitness hearing" where the juvenile court judge considers factors including the degree of criminal sophistication exhibited by the minor, whether the minor can be rehabilitated prior to expiration of juvenile court jurisdiction, the minor's previous delinquent history, and the success of previous attempts at rehabilitation. SB 1391 (2018) prohibits transfer of minors under 16 to adult court under any circumstances.
Sealing Juvenile Records
One of the most important protections for juveniles is the ability to seal court records. Under Welfare and Institutions Code Section 786, if a minor satisfactorily completes probation or a diversion program, the court shall order the records sealed. For other cases, a petition to seal can be filed under WIC Section 781 once the minor reaches age 18 (or five years after jurisdiction terminated, whichever is later).
Sealed records are treated as if they never existed — the minor can legally answer "no" to questions about criminal history on employment and college applications. This protection makes resolving juvenile cases properly absolutely critical to your child's future.
What Parents Should Do
If your child is contacted by police or arrested, advise them to remain silent and request an attorney. Do not allow your child to be interrogated without a lawyer present. Contact an experienced juvenile defense attorney immediately — early intervention can make the difference between a formal court proceeding and a diversion outcome that keeps your child's record clean.
At Abrate & Olsen Law Group, we understand the unique dynamics of juvenile defense cases and the importance of protecting your child's future. Contact us immediately if your child is facing delinquency charges in Sacramento County.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact an attorney for guidance specific to your child's situation.