People v. Elijah C.

In this case, we consider whether a minor’s purported waiver of the statute of limitations for an offense is valid, when that waiver was made without consultation with counsel and before a petition against the minor was filed. We conclude that the answer is no.

Appellant Elijah C. signed a document waiving the one-year statute of limitations for petty theft as a condition of entering a diversion program for first-time offenders. More than a year later, the district attorney’s office found that Elijah had not complied with all the requirements of the program, terminated his involvement in it, and filed a petition alleging he committed petty theft. The juvenile court overruled Elijah’s demurrer, sustained the petition, and adjudged him a ward of the court. We reverse.

FACTS AND PROCEEDINGS BELOW

On March 7, 2012, Elijah, who was then 14 years old, visited a friend’s house. Valerie Hernandez, the friend’s mother, saw Elijah playing with Hernandez’s iPod Touch. After Elijah left, Hernandez noticed that the iPod was missing. When police officers confronted Elijah, he admitted that he had the iPod, and went into his house and retrieved it.

Authorities did not immediately…