In California, the consequences of violating juvenile probation depend on the type of probation you are on. The judge at the violation hearing is likely to tighten the conditions of your probation. However, he or she can also revoke probation and take you into custody, or resume criminal charges for the offense that led to probation being implemented.
Type of probation | Potential consequences of a violation of probation |
| Non-wardship probation | Criminal charges referred to District Attorney or probationary terms tightened |
| Deferred entry of judgment | Charges will not be dismissed, you can be declared a ward of the court, and may be held home on probation |
| Home on probation | Tighter restrictions or revocation of probation and removal from home for confinement |
Violating non-wardship probation in California
Non-wardship probation is often used for low-level misdemeanor offenses and first-time offenders. In this type of probation, the juvenile probation officer has decided not to refer the criminal offense to the District Attorney’s Office. Instead, the officer offered informal probation under Welfare and Institutions Code section 654 WIC. This diversion program lasts for one year from the date of the offense 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 often leads to the probation officer referring the underlying offense to law enforcement. After receiving this petition, the prosecutor then files the criminal charges and the juvenile justice system’s court process resumes.
For example: 15-year-old Kyle is arrested for vandalism with his friend Paul. Rather than file criminal charges, 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 juvenile offenders together, the probation officer files a petition with the District Attorney’s Office and Kyle gets charged with the crime.
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 violations that are not serious are often penalized with stricter conditions of probation.
Violating a deferred entry of judgment (DEJ) program
Under a deferred entry of judgment (DEJ) program, the prosecutor would have filed the criminal charges and you would have admitted to the factual allegations. However, the juvenile delinquency court would have then deferred the judgment on the juvenile case and issued a court order. This order would have imposed six months of probation under Welfare and Institutions Code section 725 WIC. If you comply with the terms of probation, the court will:
- dismiss the criminal petition, and
- seal all juvenile records related to it.
Not complying with the conditions leads to:
- the court revoking probation,
- the underlying criminal case not being dismissed,
- the court declaring that you are a “ward of the court,” and/or
- formal wardship probation, also known as “home on probation” (HOP) or formal probation.
Being declared a ward of the court means that the court takes primary responsibility for your treatment. The court can even take you from your parents if it sees fit.
According to the applicable California law:
“If the juvenile court finds that a minor has violated any law other than a curfew, it may order and adjudge the minor to be a ward of the court.”[1]
Violating HOP probation
Being home on probation means you cannot leave home except for school and certain events. You would also have to comply with the terms of probation. 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, or in a facility run by the Division of Juvenile Justice (DJJ).
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 prosecutor to prove that you violated probation. However, they only need to prove their case by a preponderance of the evidence, not beyond a reasonable doubt.
The Probation Department will issue a report and make a recommendation to the court for its adjudication in this detention hearing.
Legal Citations:
[1] California Welfare and Institutions Code 725(b) WIC.
