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JUVENILE CASES AND DEFERRED ENTRY OF JUDGMENT (W&I 790 PROBATION) VS. INFORMAL PROBATION (W&I 654)

By Walin & Klarich

Certain criminal cases filed in Juvenile Court against a minor may be eligible for what we call ?deferred entry of judgment?. In order to be eligible for deferred entry of judgment under Welfare and Institutions Code Section 790, a juvenile must be at least age 14 when the offense was committed and the offense must be a felony. In addition, the juvenile must not have been granted this relief before. The juvenile will be required to admit the petition and will be placed on probation for 1 year, but can be extended for a maximum of 3 years. If the juvenile completes the terms of his/her contract with probation and fulfills the terms of probation, the plea is automatically withdrawn and the matter is dismissed and sealed. In contrast if a juvenile has committed a misdemeanor offense and is placed on informal probation under Welfare and Institutions Code Section 654, the juvenile is placed on probation for a 6 month period and at the end of the 6 months, the juvenile must petition the court to seal his/her record...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 31, 2007 (boomark / email).