What happens step-by-step after a minor is arrested for a crime in California's juvenile justice system?

After a minor is arrested in California, they are either released to a guardian or taken to juvenile hall, where the probation department and District Attorney decide whether to file formal charges and hold a court hearing. The process moves quickly, with strict deadlines for the first court appearance if the minor remains in custody. Here are the typical steps that follow a minor's arrest: Step 1: The Arrest and Officer's Decision The arresting officer has three main options. The officer can release the minor with a warning, give them a citation with a notice to appear before a probation officer at a later date, or transport them to the county juvenile hall for booking. Step 2: Probation Department Intake If taken to juvenile hall, a juvenile probation officer will interview the minor and investigate the case. The probation officer then decides whether to release the minor to a parent or guardian or to keep them in custody until their first court hearing. Step 3: The Filing of a Petition The probation department refers the case to the District Attorney's office. A prosecutor reviews the police reports and decides whether to file a formal petition with the juvenile court. This petition, under Welfare and Institutions Code 602, lists the specific crimes the minor is accused of committing. If no petition is filed, the minor must be released. Step 4: The Detention Hearing If the minor is held in custody, the court must hold a detention hearing within 48 hours of the arrest, not including weekends or holidays (which can extend the deadline to 72 hours). At this hearing, a judge decides if there is enough evidence to proceed and whether the minor must remain in custody while the case is pending. The minor has the right to be represented by an attorney at this hearing. Important considerations: A minor has the right to remain silent and the right to an attorney. They should not speak to law enforcement or probation officers about the case without a lawyer present. The juvenile system focuses on rehabilitation, but the consequences can still be severe and long-lasting. Note: The juvenile justice process is complex and has its own unique rules and procedures. Even if your child is released, it does not mean the case is over. You may still receive a notice to appear in court weeks or months later. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney who specializes in juvenile law.
Disclaimer: This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law

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