Southern California Defense Blog

IT IS EXREMELY IMPORTANT TO SEAL YOUR JUVENILE RECORD IN THE UNFORTUNATE EVENT YOU ARE ARRESTED ON ANOTHER CHARGE AS AN ADULT. IF YOU ARE CONVICTED OF A CRIME, PROBATION OFFICERS FILE A REPORT WITH THE COURT AND MAKE CERTAIN RECOMMENDATIONS REGARDING YOUR SENTENCE. THESE REPORTS ADDRESS FACTORS IN AGGREVATION AND MITIGATION. A PRIOR JUVENILE CONVICTION IS A FACTOR IN AGGREVATION FOR INCREASED PUNISHMENT. HOWEVER, IF YOUR JUVENILE RECORD HAS BEEN SEALED, THE JUVENILE CONVICTION IS DEEMED TO HAVE NEVER OCCURRED AND THE PROBATION OFFICER CANNOT INCLUDE THAT CONVICTION IN HIS/HER REPORT TO THE COURT.

THE ATTORNEYS AT WALLIN & KLARICH CAN ASSIST TO SEAL YOUR JUVENILE RECORDS.

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When a juvenile (someone under the age of 18) is arrested or cited for a crime in San Diego County, there are several things that could happen. First of all, the case will normally be sent to the Juvenile Probation Department. Probation will determine the gravity of the offense or determine whether or not this juvenile case should be sent to court. In other words, just because a juvenile is arrested or cited does not mean that he or she will end up being charged with the crime in court.

The attorneys at Wallin & Klarich to everything we can to keep a juvenile’s case outside of the courtrooms. We much prefer directing a case through probation than through the District Attorney’s office because it benefits the juvenile.

Probation can handle the case informally. They can help juvenile get through hard times through programs and counseling. This informal procedure may last for up to 6 months. After that, the case will be terminated.

If you have a son or daughter who has been cited or arrested for committing a crime, make sure you talk to a San Diego criminal defense lawyer who understands the court procedures for juveniles. They are very different than those that apply to adults. Call us with any questions you might have at 888.280.6839. We are happy to help. You can also go to our website at www.wklaw.com.

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Posted In: Juvenile Offenses , Juvenile Offenses

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When a juvenile (someone under the age of 18) is arrested or cited for a crime in San Diego County, there are several things that could happen. First of all, the case will normally be sent to the Juvenile Probation Department. Probation will determine the gravity of the offense or determine whether or not this juvenile case should be sent to court. In other words, just because a juvenile is arrested or cited does not mean that he or she will end up being charged with the crime in court.

The attorneys at Wallin & Klarich to everything we can to keep a juvenile’s case outside of the courtrooms. We much prefer directing a case through probation than through the District Attorney’s office because it benefits the juvenile.

Probation can handle the case informally. They can help juvenile get through hard times through programs and counseling. This informal procedure may last for up to 6 months. After that, the case will be terminated.

If you have a son or daughter who has been cited or arrested for committing a crime, make sure you talk to a San Diego criminal defense lawyer who understands the court procedures for juveniles. They are very different than those that apply to adults. Call us with any questions you might have at 888.280.6839. We are happy to help. You can also go to our website at www.wklaw.com.

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Posted In: Juvenile Offenses , Juvenile Offenses

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Your child is arrested for molesting another child? How can this be? It sounds wrong. Yet under California law, a juvenile may be prosecuted for child molest even if the victim is the same age. The law describes the minimum age for a victim. Often the laws don’t say how old or young the person committing the act has to be.

For example, say a 15 year old boy has a 13 year old girlfriend. Say they engage in some sexual sort of touching. California law says:

Any person who willfully and lewdly commits any lewd or lascivious act,
including any of the acts constituting other crimes provided for in Part 1,
upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
California Penal Code § 288(a)

This law says nothing about how old the person who commits the act must be. Its even possible for a juvenile to be sent to prison. If sent to prison or the Department of Juvenile Justice, (prison for juveniles) a juvenile could be forced to register as a sex offender for life.

These are some of the reasons why you need an experienced attorney if a juvenile is charged with child molestation. Call the experienced attorney’s at Wallin & Klarich at 1-888-280-6839.

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Your child is arrested for molesting another child? How can this be? It sounds wrong. Yet under California law, a juvenile may be prosecuted for child molest even if the victim is the same age. The law describes the minimum age for a victim. Often the laws don’t say how old or young the person committing the act has to be.

For example, say a 15 year old boy has a 13 year old girlfriend. Say they engage in some sexual sort of touching. California law says:

Any person who willfully and lewdly commits any lewd or lascivious act,
including any of the acts constituting other crimes provided for in Part 1,
upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
California Penal Code § 288(a)

This law says nothing about how old the person who commits the act must be. Its even possible for a juvenile to be sent to prison. If sent to prison or the Department of Juvenile Justice, (prison for juveniles) a juvenile could be forced to register as a sex offender for life.

These are some of the reasons why you need an experienced attorney if a juvenile is charged with child molestation. Call the experienced attorney’s at Wallin & Klarich at 1-888-280-6839.

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Certain criminal cases filed in Juvenile Court against a minor may be eligible for what we call “deferred entry of judgment”. In order to be eligible for deferred entry of judgment under Welfare and Institutions Code Section 790, a juvenile must be at least age 14 when the offense was committed and the offense must be a felony. In addition, the juvenile must not have been granted this relief before. The juvenile will be required to admit the petition and will be placed on probation for 1 year, but can be extended for a maximum of 3 years. If the juvenile completes the terms of his/her contract with probation and fulfills the terms of probation, the plea is automatically withdrawn and the matter is dismissed and sealed. In contrast if a juvenile has committed a misdemeanor offense and is placed on informal probation under Welfare and Institutions Code Section 654, the juvenile is placed on probation for a 6 month period and at the end of the 6 months, the juvenile must petition the court to seal his/her record. It is not a guarantee that the court will seal his/her record after the end of their probation. At Wallin & Klarich, our juvenile criminal defense lawyers have been helping minors for over 30 years to keep their record clean and avoid the often harsh punishment of juvenile convictions called “adjudications”. Wallin & Klarich understands that minors can make mistakes in life. It is our job and our responsibility to make sure these minors do not have to pay for that mistake for the rest of their lives. We are available 24 hours a day, 7 days a week. Our criminal defense attorneys have helped thousands of minors over the past 30 years, we can help you too.

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A juvenile offender was placed out of home under the delinquency laws in a private therapeutic program in lieu of any juvenile hall time. The court then delegated visitation authority to the private program. Meaning that parents of the juvenile were limited to the program’s visitation schedule. The program also restricted the number of visits the parents had with the child.

The parents challenged the court’s ruling and prevailed. The Appellate Court held that the trial court cannot delegate its judicial power over visitation by practically delegating all decisions regarding the family visits to the private program placement. So if your juvenile offender is in a program and your visitation rights are limited, contact an attorney at the law offices of Wallin & Klarich to get you more visitation.

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The California Court of Appeal recently ruled in People v. Vincent Tu, that a prior juvenile adjudication could be used to enhance an adult offender’s sentence.

Tu plead guilty to, among other things, voluntary manslaughter. On the manslaughter charge, the court sentenced Tu to an upper 11 year term. In sentencing Tu, the trial court relied on several factors in support of the upper term including the fact that “. . . appellant had prior sustained petitions in juvenile court.” Tu appealed, asserting that the trial court improperly imposed upper terms and consecutive sentences based on facts not found by the jury.

Continue reading "A Prior Juvenile Conviction Could Lead to More Jail Time" »

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Curfew laws restrict the rights of minors (under 18) to be outdoors or in public places during certain hours. Currently there is no state curfew. Such laws are typically passed and enforced by local cities and counties. Courts in California have generally upheld such laws as long as the local ordinance seeks to discourage “loitering” or “remaining” in certain places after certain hours.

Under state law, parents can be charged for the administration and transportation costs of returning a minor to his or her home on a second curfew violation. (W&IC § 625.5(d)) Also, a minor who is a frequent or habitual curfew violator may be declared a ward of the court and treated as a status offender. (W&IC §601(a)) Most curfew ordinances prohibit minors from being out past 10 p.m. on weekdays and midnight on weekends. Exceptions to such laws do exist, however, allowing minors to legally stay out late if they are:

Continue reading "Curfew laws in California" »

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http://www.wklaw.comOn the topic of weapons and young people, parents should be aware that:

If your child is caught possessing, selling or using a dangerous weapon at school, he or she can be suspended or expelled. This punishment is in addition to any criminal charges that might be filed against your child. (Ed.C§§ 48900(b), 48915). Many school districts have a zero tolerance policy for weapons. That means your child may be expelled. The school starts with a 5 day suspension while they get the paperwork together. Your child is entitled to a hearing where the school must present evidence to prove your child should be expelled. Your child is entitled to have a lawyer represent them. The school will not pay for or provide a lawyer. If there is a criminal case the attorney will often want to examine the witnesses at an expulsion hearing.

At Wallin & Klarich, we will handle the criminal case and the expulsion hearing.

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Prosecutors in Orange County charge more YOUTHS AS ADULTS using their discretionary power than those in any other county (according to the most recent data provided by the California attorney general—157 between 2003 and 2005).

When compared proportionally to felony juvenile arrests, Orange County stands out even more: It has the highest proportional use of the “direct file” law among the state’s 15 largest counties. Orange County prosecuted teens as adults nine times as often as Los Angeles.

Before Proposition 21 when California minors could first be sent to adult court, they had to go through a fitness hearing in juvenile court. A judge would take into account their criminal sophistication, delinquent history, and likelihood of rehabilitation.

Continue reading "PROPOSITON 21 - DA DIRECT FILING CASES" »

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San Diego Police are writing hundreds of citations for Minor in Possession (Business and Professions Code § 25662). Many citations are for a misdemeanor. A guilty plea to a misdemeanor means you’ll have a criminal record. If you plead guilty the judge must suspend your driver’s license for one year.

A LAWYER THAT KNOWS THE SYSTEM CAN HELP. Often the charge is reduced to an infraction. Infractions are not reported on law enforcement criminal histories. Many, but not all, judges will suspend the driver’s license but give a restricted driver’s license. The restricted driver’s license often allows you to get to and from school, a job and drive on the job.

No matter what the evidence is, you can’t afford to be without a driver’s license for a year.

If there is a way to get the case dismissed, reduced, or save your driver’s license, WE KNOW HOW. Call Wallin & Klarich, California Juvenile Defense Lawyers.

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While we all enjoy going to and throwing parties, a good time at a party can very easily turn into a criminal conviction, a jail sentence and a large monetary fine if we are not knowledgeable of the law pertaining to parties. In particular, people are often unaware of the law pertaining to alcohol and underage drinking. There are many harsh penalties that you may be charged with if you serve alcohol to a minor or if you are a minor who is found in possession of alcohol.

Serving Alcohol to a Minor

Serving alcohol to a minor can be criminally punished under a few different penal statutes. Persons who give alcohol to any person under the age of 21 years are guilty of a crime under California Business and Professions Code Section 25658. The penalties for a conviction under this section can include one year in county jail and a fine of $1,000. In addition, a person found guilty under this section may also be found guilty of violating Section 272 of the Penal Code. Section 272 makes it a crime for anyone to contribute to the delinquency of a minor. Under this section, anyone who commits any act or omits the performance of any duty which causes or encourages any person under the age of 18 years to possess alcohol is guilty of a crime. A conviction under this section may be punished by a fine of $2,500, imprisonment in jail and probation for five years. A mistake as to the age of the person given alcohol is not a valid defense to either of these charges. So, combining the penalties of these two sections, if you serve alcohol to a person under the age of 18 years, even if you do not know that they are under 18, you can be fined $3,500 and imprisoned in county jail and placed on probation for five years. This is quite a penalty for throwing a party. The Law Offices of Wallin & Klarich specialize in alcohol related offenses and can often avoid this result by having your charges reduced or dismissed and/or by enrolling clients in programs before the court orders it. The most important thing you can do after you have been arrested is immediately call 1-877-4-NO-JAIL or go to www.wklaw.com to find out how Wallin & Klarich can help you stay out of jail and avoid a large fine. You will need to take action quickly in order to help Wallin & Klarich win your case.

Continue reading "Underage Drinking and Parties" »

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