CHILDREN AND THE LAW
...Delinquency Matters
......Post-Disposition Issues
.........Dismissal
9 Cards On This Topic:

Authority of court to dismiss petition or set aside findings.

Juvenile court had the authority under W&IC 782 to dismiss 2009 W&IC 602 petition in order to reach back to 2008 petition containing a DJF-eligible offense in order to support M's DJF commitment.

W&IC 782 dismissal of petition underlying a juvenile adjudication has the same effect as PC 1385 dismissal and precludes the use of the prior conviction as a strike under Three Strikes.

W&IC 782 does not allow juvenile court to dismiss M's most recently sustained petition for a noneligible offense so that it could commit him to DJF for an eligible offense in an earlier petition.

Super. ct. order terminating jurisdiction precluded further action by 2d department on petition filed prior to order; People should have followed orderly procedures for review rather than seek different ruling in 2d dept.

Juvenile ct’s failure to state reasons in minute order for dismissing delinquency petition renders order "manifestly invalid" and unlawful.

Court must make express or implied Welf. & Inst. Code §782 findings before dismissing Welf. & Inst. Code §602 petition; lapse of time insufficient.

Dismissal of W&IC 602 petition for DA’s failure to provide discovery reversed as dismissal served neither interests of justice or welfare of minor.

Dismissal not appropriate sanction for prosecutorial misconduct.