Alameda County Superior Court
Juvenile Delinquency Court Self Help - Specialized Courts

This Page has information about:

• Deferred Entry of Judgment
  1. What is the Deferred Entry of Judgment Calendar?

     In 2000, as the result of a proposition on the California ballot, first-time felony violators have an opportunity to be diverted from the delinquency process. At the end of the program, if the minor has successfully completed his/her requirements, the case will be dismissed.

     When the incident is referred to the District Attorney, the charges will be reviewed and the District Attorney will determine if the minor is eligible for Deferred Entry of Judgment (DEJ). The minor qualifies for DEJ if the minor:

     • Has not previously been a ward of the court for a felony violation
     • Has not committed a specifically defined serious felony [WIC 707(b)]
     • Has not been previously sent to the California Youth Authority
     • Has not previously had his/her probation revoked
     • Is at least 14 years old
     • Is eligible for probation

     If the district attorney, the defense attorney and the judge agree to the minor’s participation, the process begins at the filing of the petition. The district attorney files a declaration with the court listing for the record the reasons for the decision to refer the minor to DEJ. The minor and his/her attorney receive a copy of the declaration and also a notification of what is expected if the minor participates including:

     • A description of the procedures
     • An explanation of the roles of probation, the district attorney, the court and the program
     • The expectation that the minor will admit to the charges
     • What will happen if the minor successfully completes the program
     • What will happen if the minor does not successfully complete the program

     Once the minor is accepted into the program, the case is referred to Juvenile Probation for preparation of a report to determine whether the minor would benefit from education, treatment and rehabilitation. Probation must also determine which programs would accept the minor. The findings and recommendations are then reported to the judge, who makes the final decision. The parents or guardians may be required to participate in any counseling or education program with the minor. The court could order specific conditions to participation in DEJ, including searches without a warrant, drug testing and compliance with curfew and school attendance, restitution and community service.

     As has been stated, if the minor successfully completes the DEJ program, the charges will be dismissed. Further the arrest will be considered to have never occurred and the records in Delinquency Court will be sealed.

     If a minor participating in DEJ is not successful in completing the program requirements, the judge may terminate DEJ. A minor may also be removed from DEJ if the minor is charged with an additional subsequent misdemeanor and the charge is found to be true. In both instances, the judge will schedule a disposition hearing on the original charge, which would result in a more restrictive outcome.

     Compared to the traditional Juvenile Court wards, DEJ participants perform a greater number of community service hours and fulfill victim restitution orders in less time.