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◆   San Bernardino County Juvenile Defense   ◆

Juvenile DefenseAttorney

One mistake should not define a child's entire future. We fight to keep juveniles out of the adult system and protect their records.
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Juvenile Court Transfer to Adult Court Juvenile Record Sealing Diversion Programs Juvenile Probation DUI Under 21 Expungement Fitness Hearings Juvenile Court Transfer to Adult Court Juvenile Record Sealing Diversion Programs Juvenile Probation DUI Under 21 Expungement Fitness Hearings
◆   Your Child's Future Is Worth Fighting For — Call The Smalls Firm Now   ◆
(909) 501-6882
Protecting the Future

One Mistake Should Not Define a Child's Entire Life

When a young person is arrested in San Bernardino County, the juvenile justice system can move very quickly — and the decisions made in the first days and weeks after an arrest can have consequences that last a lifetime. Without experienced juvenile defense counsel, a young person can end up with a record, in a detention facility, or — in the worst cases — prosecuted as an adult for the same offense that would send an adult to state prison.

California's juvenile court system is supposed to be focused on rehabilitation rather than punishment — but that rehabilitative intent is not automatically guaranteed. Prosecutors in San Bernardino County pursue serious juvenile charges aggressively, and in cases involving violence or repeat offenses, they will seek to transfer a juvenile to adult court where the protections are far fewer and the sentences far longer.

At The Smalls Firm, we understand that juvenile cases require a different approach than adult criminal defense. We advocate for diversion programs that address the underlying causes of behavior rather than simply punishing it. We fight transfer hearings with everything we have to keep young people out of the adult system. And we pursue record sealing and expungement to give young people the clean slate they deserve after completing their obligations.

Your child made a mistake. They are not defined by it. Call us immediately — the sooner we are involved, the more options we have to shape the outcome and protect your child's future.

⚠   Do Not Let Your Child Speak to Police Alone

Juveniles have the same constitutional right to remain silent and the right to an attorney as adults. Do not allow your child to be questioned without an attorney present. Statements made to police by juveniles are frequently used against them in court. Call (909) 501-6882 immediately — we will advise you and your child on exactly what to do and what not to say.

◆   What's at Stake for Your Child   ◆
Adult Prosecution
Serious charges can result in transfer to adult court, where your child faces the same sentences as adults — including state prison time.
Education & College
A juvenile record or adjudication can disqualify a young person from college admissions, financial aid, scholarships, and military service.
Permanent Record
Without proper sealing, juvenile records can follow a young person into adulthood — affecting employment and professional licensing for years.
Immigration Status
For non-citizen minors, certain juvenile adjudications can have serious immigration consequences including deportation proceedings.
Detention & Probation
Juvenile detention, camps, or group home placement disrupts education and development at a critical time in a young person's life.
20+Years Defending
San Bernardino County
1,200+Cases
Handled
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◆   How We Protect Your Child   ◆

Our Juvenile Defense Strategies

Keeping juveniles in the juvenile system, out of detention, and with a clean path forward requires both courtroom skill and a genuine understanding of what rehabilitation looks like.

I.
Fighting Transfer to Adult Court

A fitness hearing — also called a transfer hearing — is the most critical proceeding in many juvenile cases. If the prosecution successfully argues that your child should be tried as an adult, they face adult sentencing including state prison. We fight fitness hearings with comprehensive presentations addressing all six statutory fitness criteria: the nature and gravity of the offense, the sophistication and maturity of the minor, their prior delinquent history, the success of previous rehabilitation attempts, and the likelihood of rehabilitation in the juvenile system. A strong fitness hearing can keep your child in juvenile court where rehabilitation remains possible.

II.
Securing Diversion Programs

California provides numerous diversion options for juvenile offenders that result in dismissal of charges upon successful completion. These include informal probation, deferred entry of judgment, and various county-specific diversion programs. Diversion keeps the adjudication off your child's record entirely, allows them to continue school without disruption, and addresses the underlying issues without the stigma of a juvenile record. We identify every available diversion option in San Bernardino County and advocate aggressively for your child's placement in the most appropriate program.

III.
Challenging the Evidence

Juveniles have the same Fourth Amendment protections against unreasonable searches and seizures as adults. Police frequently conduct school searches, vehicle searches, and home searches that exceed constitutional bounds when dealing with juveniles. We scrutinize every aspect of the investigation — from initial contact through arrest — for constitutional violations that can result in suppression of evidence. We also challenge eyewitness identifications, examine surveillance footage, and attack every link in the prosecution's evidentiary chain.

IV.
Comprehensive Mitigation Presentation

Juvenile court judges have broad discretion in dispositional hearings. We present comprehensive mitigation packages that give the judge a complete picture of your child as a person — their academic performance, family circumstances, community ties, mental health history, and any trauma or adverse childhood experiences that may have contributed to their behavior. A judge who sees a full human being rather than a case file is far more likely to choose rehabilitation over detention. We work with psychologists, social workers, and educators to build the most compelling mitigation possible.

V.
Juvenile Record Sealing

California Welfare and Institutions Code 781 allows juveniles who have completed their probation, turned 18 (or 21 for serious offenses), and demonstrated rehabilitation to petition for sealing of their juvenile record. A sealed record is not publicly accessible and the juvenile can truthfully state they have no juvenile record in most contexts. We handle juvenile record sealing petitions efficiently and thoroughly, ensuring your child can move forward into adulthood without the shadow of their juvenile record.

VI.
Avoiding Detention

Juvenile detention — whether in Juvenile Hall or a county camp — disrupts education, separates children from supportive families, and exposes young people to more entrenched offenders. We fight at every stage to keep your child out of custody — from the initial detention hearing through disposition. We present alternatives to detention that satisfy the court's safety concerns while allowing your child to remain at home, in school, and engaged with the community supports that are essential to their rehabilitation.

◆   Types of Juvenile Cases We Handle   ◆

Every Juvenile Charge Defended

Juvenile Drug Offenses Diversion Available

Drug possession and drug use charges are among the most common juvenile offenses in San Bernardino County. For first-time offenders, diversion programs — including informal probation with drug education and counseling — are frequently available and result in dismissal of the charges. Even for repeat offenders, treatment-focused dispositions are often achievable and far more beneficial than detention.

We evaluate every drug case for diversion eligibility immediately and advocate for treatment over punishment. A young person's struggle with substance use is a health issue, not a character flaw, and the juvenile justice system in California recognizes that — when properly represented.

Juvenile Assault & Battery Fitness Hearing Risk

School fights, altercations in public, and gang-related offenses frequently result in juvenile assault and battery charges. For minor incidents, diversion and informal probation are often available. For more serious assaults — particularly those involving weapons or serious injury — the prosecution may seek to try the juvenile as an adult.

We intervene early to present the full context of what happened — the provocation, the peer pressure, the circumstances — and we fight fitness hearings aggressively when adult prosecution is sought. Most juvenile assault cases can be resolved in the juvenile system with the right advocacy.

Juvenile Theft & Shoplifting Record Risk

Theft and shoplifting are extremely common juvenile offenses, often arising from peer influence, impulsivity, or difficult home circumstances rather than genuine criminal intent. For first-time offenders, civil compromise, informal probation, and diversion programs are frequently available. We pursue these alternatives aggressively to keep theft adjudications off your child's record.

A juvenile theft record can affect college applications, employment background checks, and professional licensing — even years later. Protecting your child's record from day one is far easier than trying to seal it afterward. We focus on pre-adjudication resolution wherever possible.

Gang Enhancements Sentence Enhancement

California's STEP Act applies to juvenile offenders as well as adults. Gang enhancement allegations can dramatically increase the severity of a juvenile's disposition and significantly increase the likelihood of transfer to adult court. Being alleged as a gang member or associate based on clothing, associations, or social media presence can have life-altering consequences.

We challenge gang enhancement allegations at every level — contesting whether the alleged offense was gang-related, challenging the evidence of gang membership or association, and presenting evidence of the juvenile's actual circumstances and relationships. Gang enhancements in juvenile cases deserve the same aggressive defense as in adult court.

Serious Violent Felonies Adult Court Risk

Certain offenses — murder, rape, robbery, and other serious violent felonies — trigger presumptive transfer to adult court for juveniles 14 and older under California law. These cases require the most aggressive fitness hearing defense, combining psychiatric evaluation, educational history, trauma assessment, and evidence of rehabilitation potential to give the juvenile judge a compelling reason to retain jurisdiction.

Even in the most serious cases, keeping a young person in juvenile court can make an enormous difference in their long-term outcome. Juvenile court dispositions end at age 25; adult sentences can last a lifetime. We have successfully argued for juvenile retention in cases that prosecutors were confident they would transfer.

Juvenile Record Sealing & Expungement Clean Slate

After a young person has completed their juvenile court obligations, California law provides robust pathways to seal and ultimately destroy their juvenile record. Under WIC 781, a petition to seal can be filed when the minor turns 18, has completed probation, and has not been convicted of a crime of moral turpitude. Once sealed, the records are inaccessible to the public and most employers.

We handle record sealing petitions with the same care and thoroughness as our trial work. A clean record opens doors to college, employment, and professional licensing that would otherwise be closed. We also assist adults who were adjudicated as juveniles and may not be aware of their right to seek sealing even years later.

◆   Common Questions   ◆

Juvenile Defense FAQs

Yes — California law allows juveniles as young as 14 to be tried as adults for certain serious offenses. For the most serious charges (murder, certain sex crimes, and other specified offenses), transfer to adult court is presumptive for juveniles 16 and older. For other serious offenses, the prosecutor may file a motion to transfer to adult court and the juvenile court judge holds a fitness hearing. At the fitness hearing, the court evaluates six factors to determine whether the juvenile is "fit" for the juvenile system. Fitness hearings are winnable with the right preparation and advocacy — and winning keeps your child in a system focused on rehabilitation rather than punishment.
Juvenile adjudications are not technically "criminal convictions" — they are adjudications of delinquency. However, they can still affect your child's life significantly if not properly handled. Juvenile records are sealed from public access in most cases, but they are visible to law enforcement and can be used to enhance sentences in adult court if your child reoffends. The good news is that California provides robust record sealing and expungement options for juveniles who complete their obligations and demonstrate rehabilitation. With the right legal representation from the start, many juvenile cases can be resolved through diversion that leaves no record at all.
Yes — juveniles have the same Fifth Amendment right to remain silent and Sixth Amendment right to counsel as adults. Police are required to advise juveniles of their Miranda rights before custodial interrogation. However, juveniles — particularly younger teens — are extremely vulnerable to police interrogation techniques and may not understand the full implications of waiving their rights. Research consistently shows that juveniles are more likely to make false confessions under pressure than adults. If your child is detained, they should immediately and clearly invoke their right to remain silent and request an attorney. Do not allow questioning to proceed without us present.
Juvenile court proceedings in California differ significantly from adult criminal court. There is no jury — a judge decides both the jurisdictional question (equivalent to guilt) and the dispositional question (equivalent to sentencing). The hearings are not open to the public. The proceedings move through several stages: detention hearing (whether the minor should be held), fitness hearing (whether to transfer to adult court), jurisdictional hearing (the evidence hearing), and dispositional hearing (the outcome). At every stage, there are opportunities for our advocacy to shape the outcome. We prepare thoroughly for each hearing and present the strongest possible case for your child at every stage.
Under California Welfare and Institutions Code 781, a petition to seal juvenile records can be filed when the person has turned 18 years old, or 5 years have passed since the jurisdiction of the juvenile court terminated, whichever is later. For serious offenses including murder and sex crimes requiring sex offender registration, sealing is not available. If the petition is granted, all records — court files, police reports, and probation records — are sealed and subsequently destroyed. After sealing, the person may legally state that they were not arrested or adjudicated as a juvenile in most contexts. We handle sealing petitions efficiently and have helped many young adults obtain the clean slate they deserve.
◆   Real Clients · Real Results   ◆

What Clients Say

"
He defended my case as if he were defending his own son. He went above and beyond — showed it with his work both in and out of the courtroom. I cannot recommend him enough.
Sandra L.
Actual Client
"
An incredible attorney. Very diligent and a monster negotiator. If you need peace of mind and want to stack the odds in your favor, The Smalls Firm will bring it home for you.
Ken S.
Actual Client
"
I was facing serious time. The Smalls Firm got into court immediately, challenged the evidence head-on, and kept me out of prison. He communicates every step and never stops fighting.
Marcus T.
Actual Client
Protect Your Child Now

Free Consultation

Your consultation is 100% confidential. No cost, no obligation. Time matters in juvenile cases — call us now and let us help protect your child's future.

Address
255 N. D Street, Suite #401-E
San Bernardino, CA 92401
Hours
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