In juvenile delinquency court, an adjudication hearing is a trial before a judge in which the judge decides whether or not your minor child violated a law and should be disciplined. Many of the same rules apply in juvenile court as in adult court, except there are no juries (only judges) and things are conducted in a more relaxed manner.
Both sides can present evidence and make legal arguments. The prosecutor must prove that your child committed the crime beyond a reasonable doubt.
Our California Juvenile Criminal Defense Attorneys represent minors in adjudication hearings throughout California. As former district attorneys who once prosecuted minors, we now use our inside knowledge to help minors win their cases and go home.1
In this article, we explain what happens at your child’s adjudication hearing (trial) in California juvenile delinquency court. We cover:
- 1. What is a juvenile court adjudication hearing?
- 2. When does the hearing take place?
- 3. What happens after the hearing?
- 4. Are juvenile crimes different from adult crimes?
- 5. Is there diversion in juvenile court?
- 6. Are there plea bargains in juvenile court?
- 7. Are adjudication hearings harder to win than jury trials?
- 8. Can my child be tried as an adult?
- Additional reading
If you have further questions after reading this article, we invite you to contact us at Shouse Law Group for a consultation.
1. What is a juvenile court adjudication hearing?
In California juvenile delinquency court, your child’s trial is called an adjudication hearing (or a “jurisdiction” hearing). Similar to a bench trial in adult court, the judge – and not a jury – decides the verdict in adjudication hearings.
If the judge decides that your child violated a law, the judge finds the allegations to be true and “sustains the petition” filed by the prosecutor.
Alternatively, if the judge decides the evidence is insufficient to prove that your child violated any laws, the judge finds that the allegations are not true and does not sustain the petition.
Adjudication hearings are not the same as criminal trials, but many important procedural safeguards apply.
- The right to present a defense and legal arguments
- The right to cross-examine state witnesses
- The right to subpoena fact and expert witnesses and to compel the production of evidence
- The right to make motions, such as motions to suppress and motions in limine
- The Fifth Amendment right against self-incrimination, allowing your child to remain silent and not testify if they choose
- The Sixth Amendment right to effective assistance of counsel by a public defender or private counsel
- The Fifth and Fourteenth Amendment rights for the prosecution to establish its case beyond a reasonable doubt
Example: Sixteen-year-old Ricardo is arrested for burglary. He is allowed to go home on probation pending resolution of his case. After his adjudication hearing, the judge sustains the petition against Ricardo. Ricardo is declared a ward of the court but is allowed to go home to serve his time on home supervision.
Adjudication hearings are the juvenile equivalent of trials.
2. When does the hearing take place?
If your child is in custody in California, they have a right to have the adjudication hearing within 15 court days of the date detention was ordered.2 “Court days” do not include weekends and holidays.
Meanwhile, if your child is not in custody, they have a right to have the trial within 30 calendar days after the filing of the petition.
These timeframes can be extended only if there is good cause to do so and your child “waives time” (that is, consents to the delay).3
Example: Kerry is arrested for arson, and the judge decides to detain her pending her adjudication hearing in 15 days. Then on the morning of the hearing, the district attorney asks to postpone the trial so they can file charges against another minor as well.
Kerry does not want to spend more time in juvenile hall just so the prosecutor can put together a case against someone else, so she objects to the continuance. The judge agrees and decides that Kerry must be released from custody because the adjudication hearing did not happen when it was supposed to.
3. What happens after the hearing?
If the judge sustains the petition and finds the allegations true at trial, then the judge will deem your child a ward of the court and delinquent. This is the juvenile equivalent of a conviction in criminal court.
Next will be the disposition hearing, where the judge sentences your child. Sometimes this occurs right after the adjudication hearing. Otherwise, it can be scheduled for later to give both sides time to present more information about your child to the judge.
Common sentencing terms include:
- appearing at future court hearings so the judge can monitor progress
- curfew
- requirement to maintain good grades
- community service
- restitution payments to the victim
- counseling
- house arrest
- information probation
- formal (supervised) probation
- county probation camp
- juvenile detention with the Division of Juvenile Justice (sentences may not last past your child’s 25th birthday).
Alternatively, if the judge finds that the charges are not true, then the case gets dismissed and your child is free to leave.
Note that in Los Angeles County, prosecutors are now instructed to prioritize rehabilitation over punishment. Prosecutors seek the minimum penalties allowable and appropriate for each particular case.4
4. Are juvenile crimes different from adult crimes?
Most of the time, the substantive law underlying criminal cases is identical in juvenile court and adult court. Prosecutors have to prove the same “elements of the crime” beyond a reasonable doubt whether or not the defendant is an adult or a minor.
There are some scenarios where the defendant’s age determines the penalties. For example, having an open container of alcohol in a vehicle is a misdemeanor for minors but only an infraction for adults. In statutory rape cases, the maximum penalties are harsher if the defendant is more than three years older than their partner.
5. Is there diversion in juvenile court?
Yes. If your child is a first-time offender and accused of a non-violent offense, there is a good chance the prosecutor will agree to hold off on filing the petition (which is the juvenile equivalent of a complaint or indictment in criminal court).
Instead, your child would be “diverted” into a program of informal probationary supervision geared towards rehabilitation rather than punishment. As long as your child completes the program, the delinquency case could be dropped.
6. Are there plea bargains in juvenile court?
Yes. In fact, most juvenile cases resolve with a negotiated settlement. Those that do not proceed to an adjudication hearing.
7. Are adjudication hearings harder to win than jury trials?
It is hard to say. Adjudication hearings are decided by a judge rather than a jury, which has pros and cons.
On the pro side for adjudication hearings, judges have “heard it all” and can listen to evidence unemotionally, whereas jurors are more likely to make decisions based on their feelings.
On the con side for adjudication hearings, the prosecution has the burden to prove guilt beyond a reasonable doubt to only one person: The judge. For a jury to convict in a criminal trial, the decision must be unanimous.
8. Can my child be tried as an adult?
Prosecutors can try to “certify” your child to stand trial as an adult in criminal court if:
- Your child is 16 years or older and is alleged to have committed any felony or a crime listed in W&I Code 707(b);2 OR
- Your child was 14 or 15 when they allegedly committed an offense specified in W&I Code 707(b) AND your child was not apprehended until they were 18.
Therefore, certification is reserved for older children accused of serious crimes such as murder, robbery, or rape.
In these situations, the juvenile court would hold a fitness hearing where the judge would determine whether your child should remain in juvenile court or go to criminal court.
Additional reading
We invite you to review our related articles:
- Juvenile Criminal Defense in California,
- Police Questioning of Minors,
- Detention Hearings in California Juvenile Cases,
- Probation in California Juvenile Court Cases,
- The Juvenile Court Process in California,
- Sealing Your California Juvenile Records, and
- Juvenile Crimes that Count as Strikes under California’s Three Strikes Law.
Also see our related articles on the various juvenile halls and how to visit your child while detained at Eastlake Juvenile Hall & Court, Los Padrinos Juvenile Hall & Court, Barry Nidorf (Sylmar) Juvenile Hall & Court, Ventura County Juvenile Hall Facility & Justice Center, San Bernardino Central Juvenile Hall, and Orange County Juvenile Hall.
References
- Our California Juvenile Criminal Defense Attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
- California Welfare & Institutions Code Section 657 provides: “(a) Upon the filing of the petition, the clerk of the juvenile court shall set the same for hearing within 30 days, except as follows: (1) In the case of a minor detained in custody at the time of the filing of the petition, the petition must be set for hearing within15 judicial days from the date of the order of the court directing such detention. (2) In the case of a minor not before the juvenile court at the time of the filing of the petition and for whom a warrant of arresthas been issued pursuant to Section 663, the hearing on the petition shall be stayed until the minor is brought before the juvenile court on the warrant of arrest. The clerk of the juvenile court shall setthe petition for hearing within 30 days of the minor’s initial appearance in juvenile court on the petition, except that in the case of a minor detained in custody, the petition shall be set for hearing within 15 judicial days from the date of the order of the court directing such detention. (b) At the detention hearing, or any time thereafter, a minor who is alleged to come within the provisions of Section 601 or 602, may, with the consent of counsel, admit in court the allegations of the petition and waive the jurisdictional hearing.”
- California Welfare & Institutions Code Section 682 provides: “(a) To continue any hearing relating to proceedings pursuant to Section 601 or 602, regardless of the custody status of the minor, beyond the time limit within which the hearing is otherwise required to be heard, a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing good cause for the continuance. (b) A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on the motion. Neither stipulation of the parties nor convenience of the parties is, in and of itself, good cause. Whenever any continuance is granted, the facts which require the continuance shall be entered into the minutes. (c) Notwithstanding subdivision (a), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for failure to comply with those requirements, the court shall deny the motion. (d) In any case in which the minor is represented by counsel and no objection is made to an order continuing any such hearing beyond the time limit within which the hearing is otherwise required to be held, the absence of such an objection shall be deemed a consent to the continuance. (e) When any hearing is continued pursuant to this section, the hearing shall commence on the date to which it was continued or within seven days thereafter whenever the court is satisfied that good cause exists and the moving party will be prepared to proceed within that time.” In re Kerry K. (2006) 139 Cal.App.4th 1 (“Thus, far from providing authority for prolonging the detention of minors prior to the jurisdictional hearing, the legislative history [of amendments to juvenile delinquency law] reflects an intent that juvenile hearings proceed without delay, regardless of whether a minor is in custody. The alternative proposed by the Attorney General — that a minor may be kept indefinitely in preadjudication detention as long as a continuance has been granted for good cause — contravenes a goal repeatedly espoused by our courts and the Legislature of minimizing the amount of time a minor is detained prior to adjudication. We conclude the minor was entitled to be released once the juvenile court continued the case more than seven days from the date to which the matter had been continued at the minor’s request.”).
- LADA Special Directive 20-09.