CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Deferred Entry of Judgment
16 Cards On This Topic:
  • Deferred entry of judgment.
  • Because juvenile court did not give notice of M's eligibility for DEJ to her, parent or counsel, findings and dispositional order vacated and case remanded for consideration of her suitability for DEJ.
  • M who stole and totaled car may not appeal victim restitution order encompassed in DEJ order.
  • Where M did not request a jurisdictional hearing and admitted allegations of amended petition, juvenile court erred in failing to exercise its mandatory discretion to grant or deny DEJ.
  • M not entitled to DEJ because he did not "admit the allegations" of the W&IC 602 petition and necessarily did not do so "in lieu of jurisdictional and dispositional hearings."
  • Juvenile ct. need not exercise its discretion to determine whether M suitable for DEJ where M admits misdemeanor, not charged felony, and case no longer before the court under W&IC 790 because of commission of a felony.
  • DEJ law does not violate the equal protection clauses by not giving same benefits to 1st-time juvenile misdemeanants as 1st-time juvenile felons.
  • Finding that M violated probation is not the equivalent of a revocation of probation; absent actual revocation, juvenile court erred by concluding he was ineligible for DEJ.
  • M's agreeing to introduce witness testimony for suppression motion only was not commencement of trial and did not jeopardize DEJ entitlement.
  • M cannot insist on exercising every procedural protection offered, and then on appeal fault the juvenile court for not intervening and short-circuiting those very protections by holding DEJ hearing.
  • Juvenile court did not err in failing to hold hearing on M's suitability for DEJ once it became clear M was not admitting allegations, but insisting on contesting them at jurisdictional hearing.
  • DA failed to satisfy the statutory requirements to determine D's eligibility for DEJ and juvenile court erred in not conducting inquiry and exercising discretion as to whether D would benefit more from DEJ or more restrictive commitment.
  • Given the absence of statutory authorization for appeal from order deferring judgment, Court of Appeal lacked jurisdiction to hear minor's appeal.
  • Denying deferred entry of judgment is proper only when court finds minor would not benefit from education, treatment and rehab; court may not deny DEJ as a means of deterring criminal activity by others.
  • Denial of deferred entry of judgment was not error where M, though eligible, was not a suitable candidate for deferred entry, and required more formal, restrictive measures.
  • Cases discussing matters related to DEJ.