SAN BERNARDINO JUVENILE DEFENSE · SINCE 1974
Juvenile Criminal Defense in San Bernardino
When a young person is arrested, the whole family feels it. Get clear guidance on how juvenile court works in San Bernardino County and what can be done to protect your child’s future.
Juvenile court is a different system, with different goals.
California handles most cases involving minors in juvenile court rather than adult criminal court. Under Welfare and Institutions Code section 602, a young person who was 12 through 17 years old at the time of an alleged offense generally falls within the juvenile court’s jurisdiction, with narrow exceptions for certain very serious allegations against younger children. The case is started by a petition filed by the San Bernardino County District Attorney, not by an adult criminal complaint.
Juvenile proceedings use different vocabulary and different outcomes. A petition is “sustained” rather than a person being “convicted,” and the court focuses on rehabilitation and supervision. That does not make a juvenile case minor. A sustained petition can affect school, future employment, immigration, the right to own firearms, and in some cases future sentencing.
James M. Glick has practiced criminal defense since 1974, and about 99% of his cases are in San Bernardino County. He can talk with you as a parent about what is happening and what decisions are coming, while some conversations stay private between attorney and child to protect your child’s rights.
What happens after a juvenile arrest in San Bernardino County.
The early days move quickly. In general terms, a juvenile case can involve:
- Custody and release. A minor taken into custody generally must be released within 48 hours, excluding nonjudicial days, unless a petition or criminal complaint is filed in that time (WIC § 631). Probation may release a minor to a parent instead of holding them.
- The detention hearing. If the minor stays in custody, a judge or referee must hold a detention hearing as soon as possible, and no later than the end of the next judicial day after the petition is filed, to decide whether continued detention is justified (WIC § 632).
- Jurisdiction (adjudication). There is no jury in juvenile court. A judge decides whether the prosecution has proved the allegations beyond a reasonable doubt.
- Disposition. If a petition is sustained, the court decides what happens next, which may range from informal supervision or probation at home to more restrictive placements.
Delinquency cases from the San Bernardino area are heard at the Superior Court’s juvenile delinquency courthouse at 900 E. Gilbert Street in San Bernardino. Confirm your courtroom, date, and time on the notice you received or through the court’s juvenile delinquency page.
Transfer to adult court is limited, and it can be contested.
California prosecutors can no longer file charges against a minor directly in adult court. Since Proposition 57 (2016), a case can reach adult court only if the prosecutor files a motion and a juvenile court judge orders a transfer after a hearing. Senate Bill 1391 (2018) further limited transfer for 14- and 15-year-olds.
Under the current version of WIC § 707:
- For a minor 16 or older, the prosecutor may seek transfer for any felony.
- For a minor who was 14 or 15, transfer is available only for an offense listed in section 707(b), and only if the person was not apprehended before the end of juvenile court jurisdiction.
- The court may order transfer only if it finds by clear and convincing evidence that the minor is not amenable to rehabilitation while under juvenile court jurisdiction.
The court weighs criminal sophistication, the potential for rehabilitation before jurisdiction ends, prior history, past rehabilitation efforts, and the circumstances and gravity of the offense. Age, maturity, trauma, and family and peer influences are part of that analysis. A transfer hearing is often one of the most important events in a juvenile case, and preparing for it early matters.
| Code section | Why it matters |
|---|---|
| Welf. & Inst. Code § 602 | Places minors who were 12 through 17 at the time of an alleged offense within juvenile court jurisdiction, with limited exceptions for certain serious offenses by younger children. |
| Welf. & Inst. Code § 631 | Generally requires release within 48 hours, excluding nonjudicial days, unless a petition or criminal complaint is filed. |
| Welf. & Inst. Code § 632 | Sets the deadline for a detention hearing, where the court decides whether a minor stays in custody. |
| Welf. & Inst. Code § 707 | Governs motions to transfer a minor to adult court, including age limits, the listed 707(b) offenses, and the clear-and-convincing-evidence standard. |
| Welf. & Inst. Code § 781 | Allows a petition to seal juvenile records, subject to timing, rehabilitation, and offense-based limits. |
| Welf. & Inst. Code § 786 | Requires dismissal and sealing after satisfactory completion of supervision or probation, with exceptions for certain 707(b) offenses. |
A juvenile record does not have to follow your child forever.
California provides two main paths to seal juvenile records. Under WIC § 786, when a young person satisfactorily completes informal supervision or probation, the court must dismiss the petition and seal the records, with exceptions for certain section 707(b) offenses committed at 14 or older. Unpaid restitution alone does not count as unsatisfactory completion.
For older cases, or cases that did not qualify for automatic sealing, WIC § 781 allows a petition to seal. Timing and eligibility depend on the offense and the person’s later record. Once records are sealed, the proceedings are generally treated as though they never occurred, subject to specific exceptions in the law.
Common juvenile defense questions
Can a parent talk to the lawyer about their child’s case?
Yes. Parents usually make the first call and play an important role. Because the minor is the client, the attorney owes duties of confidentiality to the young person, and some discussions must happen privately. Ask at the outset how communication with the family will work and what the attorney can share.
Will my child be tried as an adult in California?
Most juvenile cases stay in juvenile court. A prosecutor cannot file directly in adult court; they must ask a juvenile judge to order a transfer. Transfer is limited by age and offense, and the judge must find by clear and convincing evidence that the minor is not amenable to rehabilitation in the juvenile system.
How soon is the detention hearing?
If a minor is held, a petition generally must be filed within 48 hours, excluding nonjudicial days, and the detention hearing must take place no later than the end of the next judicial day after the petition is filed. The court decides whether continued custody is necessary or whether the minor can return home, often with conditions.
Does a juvenile record show up later in life?
It can, unless it is sealed. Many records qualify for dismissal and sealing after probation or supervision is satisfactorily completed, and others may be sealed by petition. Some serious offenses committed at 14 or older have stricter rules. A review of the specific case shows which path, if any, is available.
Is there a jury in juvenile court?
No. In California juvenile delinquency cases, a judge decides whether the allegations are true. The prosecution still has to prove the case beyond a reasonable doubt, and the young person still has the right to counsel, to confront witnesses, and to challenge evidence, including evidence obtained through an unlawful search or questioning.
Talk with someone who knows the San Bernardino juvenile court.
If your child has been arrested, cited, or received a juvenile court notice, call James M. Glick’s office at (909) 889-1446 to request a consultation. Have the notice, case number, and next hearing date ready.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.