Deferred Entry of Judgment (DEJ) under Welfare & Institutions Code 790 WIC is a type of juvenile probation where a minor admits to committing a felony offense. Judgment is deferred, or “not entered.” The minor is then placed on probation for one to three years and ordered to perform certain terms and conditions. If probation is successfully completed, the case is dismissed. All the juvenile court records are then sealed.
DEJ is only available to first-time nonviolent felony offenders. The idea behind granting DEJ is to impose probation terms and conditions that will:
In every felony case, the juvenile court prosecutor determines if a minor is eligible for DEJ. If eligible, the prosecutor notifies the court, the minor, and the minor’s attorney. The judge then decides whether the minor is suitable for DEJ. A minor is suitable for DEJ if the judge finds that he or she would benefit from court-ordered:
DEJ probation lasts from one to three years. If the minor performs satisfactorily on DEJ probation, at the end of the probation period:
If a minor performs poorly on DEJ probation and/or commits new crimes, the deferred entry may be lifted. A sentencing (disposition) hearing is then scheduled.
If you have further questions after reading this article, we invite you to contact us at Shouse Law Group for a consultation.
Deferred Entry of Judgment is a type of juvenile probation where a minor admits committing a felony offense, but the judgment is deferred.
Deferred Entry of Judgment (DEJ) is a type of juvenile probation where a minor admits to committing a felony offense. Judgment is deferred, or “not entered,” and the juvenile is ordered to perform certain terms and conditions. The probation period lasts from one to three years.
DEJ is designed for first-time nonviolent felony offenders. The idea behind granting DEJ is to impose probation conditions designed to:
In Los Angeles County specifically, prosecutors are now instructed to prioritize rehabilitation over punishment. Prosecutors seek the minimum penalties allowable and appropriate in each juvenile case. 1
In every felony case, the prosecutor must determine whether or not the minor is eligible for DEJ. To be eligible for DEJ a minor must meet seven requirements: 2
If the minor is found to be eligible for DEJ, the prosecutor notifies the court, the minor, and defense counsel. The juvenile court judge then decides if the minor is suitable for DEJ.
Please note that a minor must admit all the crimes they are charged with. If an eligible minor insists on an adjudication hearing (trial), he or she becomes no longer eligible for DEJ. 3 This means that a minor cannot contest any of the charges.
No. The juvenile court judge determines if a minor is suitable for deferred entry of judgment (DEJ). Suitable means that the judge finds that the minor would benefit from:
In some cases, the judge will simply grant DEJ if the minor admits all the charges. In other cases, the judge will order a suitability hearing. The case is then referred to the probation department for an investigation. 4 During its investigation the probation department will consider a minor’s:
The probation department also determines which treatment programs would accept the minor if granted DEJ. If the evidence indicates, however, that the minor would not benefit from DEJ, the judge can deny it. 5
A minor, although eligible, was found unsuitable for DEJ because the judge said that he was a documented gang member, had a history of drug abuse and addiction, and participated with other gang members in the residential theft of a rifle. In re Sergio R. (2003) 106 Cal.App. 4th 597.
The court can order any terms and conditions of DEJ probation that are appropriate for an individual case. 6 These could include:
If a minor performs satisfactorily on DEJ probation, at the end of the period the charge(s) are dismissed. The arrest is deemed never to have occurred and any juvenile court records are sealed. 7
Please note that the prosecutor and the probation department can still access the records to see if a minor is eligible for DEJ in another case.
During the probation period, the prosecutor, probation department, or court may determine that a minor on DEJ:
If this occurs the court can lift the deferral and schedule a disposition hearing (sentencing).
A juvenile (now 18) on DEJ probation decided to drop out of high school. This was a violation of the terms of probation. The judge lifted the deferred entry of judgment and at the disposition hearing terminated probation. The effect was that the juvenile no longer qualified for mandatory dismissal of his case or sealing of his record, even though probation was ended. 8
