Criminal defense
Juvenile court is a different system with different words, different rules, and a different purpose. It is not a lesser version of adult court, and treating it casually is how a case follows a child into adulthood. The consultation is free.
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The system
Under Welfare and Institutions Code 602 a minor who breaks the law becomes subject to the juvenile court’s jurisdiction. The vocabulary changes: there is a petition rather than a complaint, a true finding rather than a conviction, an adjudication rather than a trial, and a disposition rather than a sentence. There is no jury; a judge decides. The stated purpose under Welfare and Institutions Code 202 is rehabilitation and public safety together, which genuinely changes what arguments work.
Dispositions range from informal supervision and diversion, through deferred entry of judgment, to formal probation at home, placement in a foster or group setting, camp, and at the most serious end a secure youth treatment facility. The Division of Juvenile Justice closed in 2023, so the most serious commitments are now served in county secure youth treatment facilities rather than at the state level.
Sources: Welfare and Institutions Code 602 — jurisdiction over minors who violate the law; Welfare and Institutions Code 202 — the purpose of the juvenile law; Welfare and Institutions Code 726 — limits on the length of commitment.
Adult court
This changed substantially and the older material on the subject is misleading. Proposition 57, passed in 2016, ended the prosecutor’s power to file directly in adult court. A minor can now be tried as an adult only if the prosecution moves for transfer and a juvenile court judge grants it after a hearing. Senate Bill 1391 then restricted transfer to minors who were 16 or older at the time of the offense, so a child who was 14 or 15 stays in juvenile court.
At a transfer hearing the judge weighs the minor’s degree of criminal sophistication, whether they can be rehabilitated before the juvenile court’s jurisdiction expires, their previous delinquent history, the success of previous attempts to rehabilitate them, and the circumstances and gravity of the offense. The prosecution bears the burden by clear and convincing evidence. A transfer hearing is the single most consequential proceeding in a serious juvenile case, and it is prepared for with school records, psychological evaluation, family testimony, and expert evidence on adolescent development.
Sources: Welfare and Institutions Code 707(a) — transfer hearings and the criteria; Welfare and Institutions Code 707(b) — the offense list.
The record
A juvenile record is not automatically secret and it does not automatically vanish at 18. Welfare and Institutions Code 786 requires the court to dismiss the petition and seal the records where the minor satisfactorily completes informal supervision or probation, which is the most common route and the reason completing the terms matters so much. Welfare and Institutions Code 781 provides a petition to seal in other cases, generally five years after jurisdiction ends or when the person turns 18, with exclusions for certain serious offenses listed in Welfare and Institutions Code 707(b) committed at 14 or older.
While it is open, a juvenile record can affect college applications, military enlistment, professional licensing, and immigration. A sustained petition for an offense that would be a strike can count as a strike later in adult court if it meets the conditions in Penal Code 1170.12(b)(3). And under Labor Code 432.7 an employer may not ask about or use juvenile court matters, which is a protection worth knowing about.
Sources: Welfare and Institutions Code 786 — dismissal and sealing after satisfactory completion; Welfare and Institutions Code 781 — petition to seal a juvenile record; Penal Code 1203.45 — sealing where a minor’s case went to adult court.
The first days
A minor has the right to counsel and to remain silent. California law requires that a youth 17 or under consult with counsel before a custodial interrogation, and that consultation cannot be waived. Officers may still speak to a child at school or at home, and parents cannot consent on the child’s behalf to an interrogation.
School discipline runs in parallel and on its own timetable, and statements made to administrators or a school resource officer can reach the delinquency case. Both proceedings need to be handled with each other in mind.
A detention hearing happens quickly after arrest and decides whether the child goes home. Proof of school enrolment, a parent who can supervise, counselling already arranged, and a plan are what move that decision.
Counselling, tutoring, community service, and treatment begun before the disposition are the most persuasive evidence in juvenile court, because they speak directly to the statutory purpose. They matter at a transfer hearing more than anything a lawyer says.
The office
The office has practised criminal defense in Long Beach and across Los Angeles County for nearly three decades and appears in the juvenile courts serving the area. A juvenile case is defended on the facts like any other, and at the same time built toward a disposition that keeps the child in school, at home where possible, and eligible to have the record sealed.
Nothing here predicts an outcome. The office does not describe itself as a specialist or as certified in any field, which in California means something specific that is not claimed here. The firm has offices in Long Beach and Downey and speaks Spanish.
Frequently asked questions
Only if the prosecution moves for transfer and a juvenile court judge grants it after a hearing, and only where the child was 16 or older at the time of the offense. Proposition 57 ended direct filing by prosecutors in 2016 and Senate Bill 1391 set the age floor. At the hearing the prosecution must show by clear and convincing evidence that transfer is appropriate, weighing sophistication, rehabilitation prospects, prior record, prior efforts, and the gravity of the offense.
No. Sealing is not automatic with age. Where a minor satisfactorily completes probation or informal supervision, Welfare and Institutions Code 786 requires the court to dismiss and seal. Otherwise a petition under Welfare and Institutions Code 781 is needed, generally after a waiting period, and some serious offenses are excluded.
A youth 17 or under must consult with a lawyer before a custodial interrogation, and that consultation cannot be waived by the child or the parent. Outside custody, officers may speak with a child at school or elsewhere. A parent cannot consent on the child’s behalf to an interrogation, and the right answer is always that the child says nothing until counsel is present.
It can. Under Penal Code 1170.12(b)(3) a juvenile adjudication counts as a strike only if the minor was 16 or older, the offense is a listed serious or violent felony and appears in Welfare and Institutions Code 707(b), the minor was found fit for juvenile court, and was adjudged a ward for that offense. All of those conditions must be met.
Selected case results
A selection from 55 documented results
Criminal defense
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Riverside Superior Court
Not guilty on all charges after three years in custody
Criminal defense
Westminster Superior Court
Charge dismissed at trial
Client experiences
“12 counts 2 felony charges DISMISSED … he got him out of jail FAST.”
“I just walked out of court a free man after getting my case dismissed.”
“From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!”
“Best defense attorney in town. … He cares about his clients and takes every case seriously. The staff is friendly and caring.”
Meet your attorney
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The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
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