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Public Defender's Office
Public Defender's Office

What happens after the police arrest/detain a youth in the County of Santa Clara?

When a po​lice officer contacts a youth, the officer decides whether to simply release the youth to their parent(s), or physically arrest the youth and transport them to Juvenile Hall. 

If a youth is over the age of 14 and is taken into custody for any offense determined to be a serious or violent felony, the law requires the youth be taken to a probation officer without delay. The Probation Department then holds the youth in custody for a hearing in front of a judge, who will decide if the youth should remain in juvenile hall or go home. The probation officer cannot release that youth prior to the detention hearing. For offenses that are not serious or violent felonies, any youth 14 years of age or older who is taken into custody​ may be released only if they have been given an order to appear in juvenile court or their parent/guardian has signed a promise to appear.  

When a youth is arrested in Santa Clara County, the youth is given a citation.  Those citations are referred to the Probation Department to determine how it they will be handled. Many of these citations are handled informally by the department’s “Prevention and Early Intervention Unit” (PEI).  Informal actions may include a letter of reprimand, a meeting with a probation officer, or an apology letter.  Most misdemeanor referrals are handled informally.

Certain juvenile citations are not eligible for informal handling because the law mandates that the Probation Department refer those cases to the District Attorney for possible filing of a case in juvenile court. 

Mandatory referrals to the District Attorney include:

  1. Felony referral for a youth 14 or older at the date of offense.
  2. Second felony referral for a youth who was under 14 at the date of the offense.
  3. Youth previously received informal probation supervision program as an intervention.
  4. Youth alleged to have committed offense whereby restitution owed to the victim exceeds $1,000.
  5. Youth (of any age) is being referred to probation for specific criminal offense such as possession of a knife on campus, certain drug offenses, gang offenses, and sex crimes.

Even if the Probation Department refers the case to the District Attorney, the District Attorney can decide to let the Probation Department informally handle the case and decline to file the case in juvenile court.​​