What happens if a juvenile violates probation in California?

In California, the consequences of violating juvenile probation depend on the type of probation you are on. The judge at the violation hearing may tighten the conditions of your probation. However, the court can also:

• revoke probation and remove you from home or take you into custody, or
• allow the juvenile wardship case to move forward if the case had been diverted or deferred.

The type of juvenile probation determines what the violation consequences may be, as the following table shows:

In this article, I discuss what you can expect if you are found to have defied your juvenile probation terms in California.

Violating Informal Probation in California

Informal probation is often used for low-level offenses and first-time juvenile cases.

In this type of probation, the juvenile probation officer has decided not to refer the case to the District Attorney’s Office right away. Instead, the officer offers informal supervision under Welfare and Institutions Code section 654 WIC.

This diversion program can last up to six months and often requires you and/or your parents to:

• participate in counseling,
• finish a parenting or educational program,
• get drug treatment,
• avoid using drugs or alcohol,
• perform community service,
• meet with the probation officer,
• not violate the law,
• comply with a curfew,
• pay victim restitution,
• not associate with certain people, and
• be subject to random searches and drug tests.

Violating one of these conditions can lead to the probation officer referring the underlying case to the District Attorney. The prosecutor can then file a juvenile wardship petition, and the juvenile court process resumes.¹

For example: 15-year-old Kyle is arrested for vandalism with his friend Paul. Rather than refer the case for prosecution right away, the probation officer puts Kyle on informal diversion. One of the requirements of the program is to not associate with Paul. When a police officer sees the juveniles together, the probation officer refers the matter to the District Attorney’s Office, and Kyle’s case can proceed in juvenile court.

The criminal defense attorneys at our law firm have found that the nature of the violation is extremely important. Minor violations are sometimes not punished at all. First-time, non-serious violations are often addressed with stricter probation conditions.

Violating a Deferred Entry of Judgment (DEJ) Program

Under a deferred entry of judgment (DEJ) program, the prosecutor files a juvenile wardship petition, and you admit the factual allegations. However, the juvenile delinquency court defers judgment and places you on DEJ probation under Welfare and Institutions Code sections 790 through 793.²

If you comply with the terms of DEJ, the court will:

• dismiss the wardship petition, and
• seal the juvenile court records related to it.

Not complying with DEJ conditions can lead to:

• the court lifting deferred entry of judgment,
• the underlying petition not being dismissed,
• the case being set for a dispositional hearing,
• the court declaring that you are a “ward of the court,” and/or
• formal wardship probation, also known as “home on probation” or formal probation.

If it appears that you are not performing satisfactorily in the assigned program, are not complying with the terms of probation, or are not benefiting from education, treatment, or rehabilitation, the court must lift DEJ and schedule a dispositional hearing.³

Being declared a ward of the court means that the court takes primary responsibility for your treatment and rehabilitation. The court can even remove you from your parents’ custody if it finds that a home placement is not appropriate.

According to California law, “If the minor is declared a ward of the court, the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor.”⁴

Violating HOP Probation

Being home on probation (HOP) means you remain at home but must follow the court’s probation conditions. Depending on your case, you may only be allowed to leave home for school, work, counseling, or other court-approved reasons.

If you are on HOP and you violate one of the terms, the court can:

• add tighter restrictions to the home probation, or
• remove you from home and confine you in a juvenile hall, probation camp, ranch, or other county juvenile facility.

For the most serious cases, eligible youth can be committed to a secure youth treatment facility. California’s former Division of Juvenile Justice (DJJ) facilities are no longer available because DJJ closed in 2023.⁵

If the court wants to remove you from your home, then you are entitled to a contested disposition hearing. At this court date, you can present evidence about why you should be kept at home.

The Juvenile Probation Violation Hearing

The decision about what to do is made at the juvenile probation violation hearing. Both you and the prosecutor can present evidence about the alleged violation.

It is up to the probation officer or prosecutor to prove that you violated probation. However, they only need to prove the violation by a preponderance of the evidence, not beyond a reasonable doubt.⁶

The Probation Department will usually issue a report and make a recommendation to the court.

Juvenile Court is geared toward rehabilitation over punishment.

Frequently Asked Questions

What is a WIC 777 petition?

A WIC 777 petition is a request filed under Welfare and Institutions Code section 777 asking the juvenile court to modify a previous disposition order, often because the minor allegedly violated probation. It is commonly filed when a probation officer believes the minor violated a condition of probation.

If the petition is sustained, the court may impose stricter probation conditions or order a more restrictive placement.⁷

Do juveniles have the right to challenge probation violation allegations?

Yes. A juvenile accused of violating probation has the right to a hearing before the court imposes additional sanctions. At the hearing, the minor may be represented by an attorney, present evidence, call witnesses, and challenge the prosecution’s evidence.⁸

Can witnesses be cross-examined at a juvenile probation violation hearing?

Generally, yes. A juvenile’s attorney may cross-examine witnesses who testify about the alleged probation violation. This helps ensure that the court hears both sides before deciding whether a violation occurred.

Can hearsay evidence be used at a juvenile probation violation hearing?

Sometimes. The court may consider reliable hearsay evidence even though it might not be admissible at a criminal trial. However, the judge must find that the evidence is sufficiently trustworthy before relying on it.

Can a juvenile be detained while a probation violation case is pending?

Yes. A juvenile may be detained pending a probation violation hearing if the court determines that detention is necessary under the circumstances of the case.

What new probation terms can a judge impose after a probation violation?

Instead of removing a juvenile from the home, a judge may tighten the probation conditions. Examples include additional counseling, substance abuse treatment, community service, stricter curfews, educational programs, or more frequent meetings with a probation officer.

Does a juvenile probation violation count as a new criminal conviction?

No. A probation violation is generally not a new conviction. Instead, it is a finding that the juvenile failed to comply with an existing court order. However, if the violation involved a new crime, the juvenile may face a separate delinquency petition based on that offense.

Can a probation violation affect record sealing?

Potentially. A probation violation can delay successful completion of probation, which may postpone eligibility in certain juvenile record-sealing cases.

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
• The Juvenile Court Process in California
• Juvenile Crimes that Count as Strikes under California’s Three Strikes Law

Legal References