What is Juvenile Crime Defense in California?
California juvenile court operates under the Welfare and Institutions Code (WIC), not the Penal Code. Minors under 18 accused of a crime face a §602 petition rather than an indictment; cases are decided by a judge (no jury trial right under McKeiver v. Pennsylvania); and the goal is statutorily rehabilitative rather than punitive. Following SB 1391 (2019), most juveniles under 16 cannot be transferred to adult court, and SB 92 (2018) requires a transfer hearing in every case where the prosecution seeks to try a minor as an adult.
Morris Law PC, A Criminal Defense Firm, represents clients facing these charges across Alameda County and the greater Bay Area. With offices in Oakland and Berkeley, our team brings courtroom-tested defense to every stage of the case — from arrest and arraignment through trial, sentencing, and post-conviction relief.
Charges & Penalties Under California Law
- WIC §602 Petition. Standard delinquency petition for criminal conduct by a minor; outcomes range from informal probation to commitment to a Secure Youth Treatment Facility.
- WIC §300 (Dependency). Cases involving abuse or neglect of a minor — separate track from delinquency.
- WIC §707 Transfer Hearing. Hearing to decide whether a minor age 16+ can be tried as an adult; five factors examined.
- Informal Probation (WIC §654). Six months of supervision without a sustained petition; ends with no juvenile record.
- Deferred Entry of Judgment (WIC §790). Probation followed by dismissal — available for many first-time felony charges.
- Camp Commitment (WIC §730). Placement in a juvenile probation camp — Alameda County operates Camp Sweeney and SYTF programs.
- Secure Youth Treatment Facility (SB 823). Replaced the state-run Division of Juvenile Justice; counties now operate SYTFs for the most serious juvenile cases.
Defenses Our California Lawyers Use
- Pre-petition diversion. Many cases never reach court — probation intake, school-based diversion, and restorative-justice programs end cases at the front end.
- WIC §654 informal probation. Six months of supervision with no sustained petition — the gold standard outcome for first-time offenses.
- WIC §790 deferred entry of judgment. Plea entered but not formalized; on successful completion the charge is dismissed and the record sealed.
- Confession suppression. Minors have heightened protection — SB 203 (2020) requires consultation with counsel before any custodial interrogation of a minor 17 or younger.
- Transfer hearing defense (WIC §707). We marshal evidence under all five factors — criminal sophistication, prior delinquency history, success of prior rehabilitation, and circumstances and gravity of the offense — to keep minors in juvenile court.
- Sealing under WIC §781. Most juvenile records are sealable five years after the case closes (or at age 18). Some adjudications are automatically sealed under WIC §786 on satisfactory completion of probation.
- SB 1391 challenges. The under-16 transfer bar applies to most felonies — but constitutional challenges continue at the appellate level.
- School-discipline coordination. A juvenile case often triggers school-discipline proceedings; we coordinate criminal defense with Title VII / IDEA / Section 504 advocacy where relevant.
Where We Defend These Cases
Morris Law PC operates from two East Bay locations. Each office leads the firm-wide defense effort for clients in its surrounding communities — and our team works as a single firm regardless of which office you walk into first.
Oakland Office — Lead Office for Alameda County
1300 Clay St, Suite 600
Oakland, CA 94612
Phone: (510) 824-8831
The Oakland office is one block from the Wiley W. Manuel Courthouse (661 Washington Street) and a short walk from the René C. Davidson Courthouse (1225 Fallon Street), where most Alameda County felony cases are heard. See Oakland juvenile crime defense services →
Berkeley Office
2001 Addison St, Suite 300
Berkeley, CA 94704
Phone: (510) 350-3225
Berkeley-area clients facing these charges are represented out of our Oakland office; the Berkeley team coordinates intake and meetings as needed. Berkeley office →
Frequently Asked Questions
Can a 14-year-old be tried as an adult in California?
Generally no. SB 1391 (2019), upheld in O.G. v. Superior Court (2021), eliminated the ability to transfer minors under 16 to adult court — even for murder. Minors 16 and 17 can still be transferred after a WIC §707 transfer hearing, where the court considers five factors before deciding to send the case to adult court.
Will my child have a criminal record from a juvenile case?
Juvenile cases produce an ‘adjudication,’ not a ‘conviction.’ Most records can be sealed under WIC §781 five years after the case closes or at age 18, whichever is later. Some cases — successful informal supervision (§654), deferred entry of judgment (§790), and §786 dismissals — leave essentially no record. Serious offenses (offenses on the WIC §707(b) list at age 14+) have limited sealing.
Does a minor have the right to a jury trial in California juvenile court?
No. Under McKeiver v. Pennsylvania (1971) and California law, juveniles charged in delinquency court do not have a Sixth Amendment right to a jury — the case is tried before a judge sitting as the trier of fact. This is one of several reasons skilled juvenile-defense counsel is critical, since the case turns entirely on judicial assessment.
What is a WIC 707 transfer hearing?
A WIC §707 hearing decides whether a minor age 16 or 17 will be tried in adult court rather than juvenile court. The judge considers five factors: criminal sophistication, prospects for rehabilitation in the juvenile system, prior delinquency history, prior rehabilitation attempts, and the circumstances and gravity of the offense. The DA bears the burden of proving by clear and convincing evidence that transfer is appropriate.
Can a juvenile record affect college, military, or job applications?
Once sealed, juvenile records cannot be considered by private employers and most schools. Federally-administered programs (military, federal employment) may still have access in limited circumstances. Until sealing is complete, a juvenile adjudication for certain offenses can appear in some background checks. We pursue sealing aggressively under WIC §781 / §786 as soon as it becomes available.
Speak With a California Defense Lawyer Today
Every case is different — and every hour you wait can narrow your options. Call (510) 330-0814 for a free, confidential consultation with a Morris Law PC defense lawyer. Available 24/7, including evenings and weekends.