Southern California Defense Blog

It was recently reported that a minor was taken into custody and charged with 232 counts of vandalism in Vista, California. The police also suspect him in 85 additional vandalism incidences. His alleged graffiti tags have caused over $101,000 in damage according to police. His name has not been released because he is a minor.

In this case, the minor will be facing charges in juvenile court. Juvenile courts are specifically designed to handle cases involving children under the age of 18 charged with crimes. Juvenile courts hope to rehabilitate children as well as continue to ensure that they progress in their education. The courts also seek to provide counseling for the children.

Continue reading "Minors and Vandalism Charges" »

Recently, the United States Supreme Court heard oral arguments in two cases involving life sentences without the option for parole for minors. The two cases, Graham v. Florida and Sullivan v. Florida both involved two minors who were convicted of serious felonies when they were 16 and 13 years old, respectively. The boys were subsequently sentenced to life in prison and their cases are now before the United States Supreme Court.

The attorneys for the boys argue that life without parole sentences for juveniles convicted of non-homicide offenses violates the 8th Amendment ban on cruel and unusual punishment. Most of the recent Supreme Court decisions involving cruel and unusual punishment have been decided by a 5-4 vote. It is anticipated that this decision may result in a similar close 5-4 decision.

Chief Justice John Roberts made two revealing comments during the oral argument—both of which seem to suggest that he is willing to compromise. Initially, Justice Roberts said that his “initial instinct is that the difference in life and life without parole is just not a factor in deterrence” asking “Why does a juvenile have a constitutional right to hope, but an adult does not.” Later in the proceedings, Justice Roberts commented that it would be best not to draw a hard line but instead to allow judges to take special account of a juvenile’s age when deciding whether the sentence is proportional to the crime. This would allow minors to cite their age when appealing the harshness of a sentence and courts would handle the issue on a case-by-case basis.

Continue reading "U.S. Supreme Court Hears Oral Arguments for Life without Parole for Minors" »

The United States Supreme Court is set to hear a wide variety of cases as it begins its new term. Among these cases, the Supreme Court will decide whether a sentence of life imprisonment without the possibility of parole imposed on juvenile offenders constitutes cruel and unusual punishment. The Eighth Amendment of the United States Constitution provides protection against cruel and unusual punishment.

In a previous 2005 decision, the Supreme Court held that the death penalty cannot be imposed for crimes committed by juveniles. The court’s holding in that decision was 5-4. It is unclear whether that decision means that the court will reach the same result for life imprisonment in juvenile cases. With the significant changes in the personnel of the Supreme Court, the outcome of this issue is unclear.

Continue reading "United States Supreme Court to Decide Whether Locking Up Children for Life is Constitutional" »

It has been well established that minors will consume alcohol before they are legally permitted to at 21. Lawmakers in California hope a new law will help deter minors from not only drinking, but from being drunk in public. As of 2009, the California Courts will impose a suspension or delay of driving privileges on minors who are convicted of being drunk in public.

California law states that any person, who is found to be under the influence of alcohol or drugs, is guilty of a misdemeanor. The penalties associated with a misdemeanor can be fines or jail time. In addition to these penalties, minors under the age of 21 will also have their license suspended for one year. If the minor has not yet received their driver’s license, the court will delay their ability to get a drivers license for a year.

Continue reading "California Law Seeks to Prevent Minors Drunk in Public" »

On appeal, a Defendant in California sought to overturn his conviction for gross negligence in discharging a firearm, possession of a firearm by a juvenile. The defendant in this case was previously made a ward of the juvenile court. As such, he was prohibited from possessing a firearm until the age of 30.

The United States Supreme Court’s recently held that a city’s ban on handguns violates the Constitution’s right to bear arms. The defendant claimed that the law banning him from possessing a firearm violated his rights, and was contrary to the ruling of the Supreme Court. The Court of Appeal in California ruled that the law did not violate his rights, and that his conviction was proper. The court felt that as long as there was valid justification for the ban, a conviction would not violate the defendant’s rights.

Continue reading "A California Court Has Ruled that Prohibiting a Juvenile from Possessing a Firearm Does Not Violate the Second Amendment" »

Often times, a criminal investigation or charge involving your minor child will result in an expulsion hearing at their public school. It is important to seek a competent and aggressive attorney for assistance. If the criminal charges arise from a school incident, this could trigger expulsion by the school district. Sometimes the school may attempt to expel even without a criminal charge being filed.

Expulsion is a serious matter. It can go on your child’s permanent school record which may have a negative effect on college admission in the future.

Continue reading "Get an Attorney for Your Child (Part 2)" »

Your son or daughter is being charged with a crime in California. You do not know what to do or who to turn to for help. You are embarrassed or perhaps ashamed of your child’s conduct.

The laws in Juvenile Court are very different than in adult court. At a young age, it is very important to keep your child’s criminal record clean.

Minors have virtually unlimited doors of opportunity growing up and a criminal charge can close many doors quickly.

Continue reading "Get an Attorney for Your Child (Part 1)" »

Why You Need an Experienced Three Strikes Criminal Defense Law Firm

In the recent case of Superior Court v. Nguyen held that a juvenile who was adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California Three Strike Laws will count as a strike if that juvenile offender commits another felony. In a 6-1 Supreme Court decision, the Nguyen case allows prosecutors to allege a prior juvenile strike for purposes of increasing the punishment on any new felony committed as an adult. It is crucial that your criminal defense attorney know and understand this important case.

If you or a loved one is charged with a serious crime in juvenile court it is more important then ever to seek competent legal counsel that understands the implications of a juvenile being charged with a serious felony. Unlike other juvenile cases, this new law allows a juvenile adjudication (conviction) to follow that juvenile through his/her adult life. The stakes are too high not to seek the best attorney you can find.

Continue reading "Supreme Court Rules that Juvenile "Strikes" Can be Used Under Three Strikes Law" »

Why You Should Call a Juvenile Defense Attorney

The recent case of Superior Court v. Nguyen held that a juvenile adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California’s Three Strike Laws will count as a strike if that juvenile offender commits another felony. In a 6-1 Supreme Court decision, Nguyen allows prosecutors to allege a prior juvenile strike for purposes of increasing the punishment on any new felony committed as an adult. It is crucial that your criminal defense attorney know and understand this important case.

Wallin & Klarich have been representing juvenile offenders for over 28 years. If you or a loved one is charged with a serious crime in juvenile court it is more important then ever to seek competent legal counsel that understands the implications of a juvenile being charged with a serious felony.

Call the experienced California juvenile criminal defense lawyers at Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about what can be done.

Are you a minor who was recently cited for drinking alcohol?

If your answer is yes, you are not alone. There are many incidents that involve underage drinkers. It is illegal for anyone under the age of 21 to have any alcohol in their system. Maximum penalties can include License suspension for one year, fines, and could possibly affect school and employment.

One thing is for sure, you are not alone. Here at Wallin and Klarich we have helped many clients who have been cited for minor in possession\. Finding the best solution starts with the best experience. Don’t let this affect your life just as you are starting out. If you would like to set up an appointment with one of our California juvenile criminal defense attorneys, just call 1-888-280-6839, or visit our website, www.wklaw.com for more information.

The U.S. Supreme Court recently decided a strip search was illegal where a minor student was suspected of carrying Ibuprofen on campus. During an incident in 2003 at Safford Middle School, a student told school officials that Savana Redding was carrying the painkillers. Two female staffers proceeded to conduct the strip search of Redding, but found no pills. The Supreme Court affirmed the 9th U.S. Circuit of Appeals ruling in Safford United School District v. Redding (DJDAR 9383).

The decision of the court was based in part on existing California rulings, where strip searches in schools are banned.

In its decision, the court held that the school officials search violated Redding’s Fourth Amendment protections against unreasonable searches and seizures because it went beyond the grounds of “reasonableness” that were defined by a previous case in 1985. The court opinioned that the content of the suspicion of a drug offense failed to match the degree of intrusion on Redding, mostly due to the lack of evidence of any danger to Redding or other students under the circumstances. Justice Souter clarified that there must be a “reasonable suspicion of danger” before school officials can “make the quantum leap from outer clothes and backpacks to exposure of intimate parts.”

Continue reading "Know Your Rights: Students Are Protected from Strip Searches by School Officials" »

The California Court of Appeal recently decided In re H.H. (2009 DJDAR 7935), a case involving a minor who was illegally searched after being pulled over for riding a bicycle without proper lighting equipment. When the minor was pulled over he was asked to “step from the bicycle” at which time he took off the backpack he was wearing and said “I am not on probation” and refused to give consent to search his person or his backpack. The officer involved wondered why the minor would say that and used it as a basis for a pat down search. The officer later said that he became concerned that the minor may have a weapon on his person.

It turns out that the minor did have a concealed weapon—a revolver—but that the officer did not have reasonable grounds to perform the pat down search. The trial court refused to grant the minor’s motion to suppress the revolver evidence, and the minor appealed. On appeal, the court held that refusal to consent does not create reasonable suspicion to pat search or probable cause to search. Accordingly, the appeals court reversed the lower court’s denial of the minor’s motion to suppress and remanded for further proceedings.

In its reasoning, the appeals court held that a protective pat down search for weapons is permissible if the officer can point to specific and articulable facts that lead him to believe that he is dealing with an armed and dangerous individual—he need not be absolutely certain that the individual is armed. However, the court stressed that the purpose of the limited search is not to discover evidence of crime, but to allow the officer to pursue his investigation without fear of violence.

Continue reading "Know Your Rights: Even Minors Are Protected From the Tyranny of Illegal Searches" »

It was reported in the Los Angeles Daily Journal recently that there are over 2,000 juveniles in custody facing life sentences without the possibility of parole in the United States at this time. Two cases pending before the United States Supreme Court challenge the constitutionality of these harsh sentences for juvenile crimes.

In 2005, the US Supreme Court ruled that a person could not be executed if they were found guilty of committing a crime prior to their 18th birthday. It was deemed by the court, in Roper vs. Simmons, that to execute a juvenile was “cruel and unusual punishment and thus banned by the constitution. The five justice majority, in an opinion by Justice Kennedy relied upon “international norms and foreign practices” in its ruling.

Now the same types of arguments are being made on behalf of two juveniles who face life imprisonment without the possibility of parole. One of the defendants in the pending case was 13 years old at the time his crime was committed.

Wallin and Klarich will closely monitor these two cases and report on the outcome.

When you are facing a juvenile crime, it is essential that you seek out a highly skilled California juvenile criminal lawyer to help you. Wallin & Klarich has over 30 years of experience and is here to give you the help you need in resolving your juvenile criminal case. We have attorneys standing by 24 hours a day 7 days a week. Just call 1-888-280-6839 to speak to an attorney and find out how Wallin & Klarich can help you today. You can also read more about how we have helped people win their juvenile criminal cases by going to wklaw.com.

We will be there when you call.

Minor in Possession of Alcohol: You Need an Experienced Criminal Defense Attorney to Fight the Charges

Are you a minor who was recently cited for drinking alcohol? Does your son or daughter face these charges?

If your answer is yes, you are not alone. There are many incidents that involve underage drinkers. It is illegal for anyone under the age of 21 to possess alcoholic beverages of any kind. If you are found guilty of this offense, the DMV will suspend your driving privilege for one year. If this happens, it could greatly impact your employment as well as your education. Consequences are even more severe in the incident of an underage DUI in California.

However, the good news is that you are not alone. the skilled Los Angeles juvenile criminal defense lawyers at Wallin and Klarich has assisted young adults and minors who are facing minor in possession charges for almost thirty years. Contact our law firm as soon you have been cited so we can begin to help you. Contact us at 1-888-280-6839, or visit our website, www.wklaw.com for more information. We will be there when you call.

Being a parent can be overwhelming, especially knowing we are legally responsible for our kids’ actions until they reach the age of majority. Eighteen is the age of majority is most states including California. While we do the best we can to teach our kids good morals and values, right from wrong, there might come a time when kids make the wrong choices.

These wrong choices might lead a parent and child to appear in juvenile delinquency court. This particular court is for children who have committed an act that if committed by an adult would be considered criminal. Fortunately, there are many resources out there to help parents teach their children about the consequences of breaking the law. Perhaps by teaching kids that their actions could have “legal” consequences, they might think twice before committing a juvenile offense.

One of the many resources out there is an extremely informative guide titled “Kids & the Law.” This particular guide is put out by the California Bar Foundation and covers many topics to educate children and their parents about the laws defining children’ rights and responsibilities.

If you are interested in learning more about this guide and where to get a copy of it, contact the Law Firm of Wallin and Klarich so that we may provide you with the proper information. If your child is facing the possibility of criminal charges, it is very wise to seek out the legal advice of an experienced Southern California juvenile criminal defense attorney from Wallin and Klarich. We have been helping minors accused of juvenile crimes for many years. Call 1-888-280-6839, or visit our website, www.wklaw.com for more information.

The Department of Juvenile Justice (DJJ) is part of California’s criminal justice system that deals exclusively with the crimes and subsequent punishment and rehabilitation of our youth. Originally known as the California Youth Authority (CYA), the division began in 1943, providing training and parole supervision for juvenile and young adult offenders.

The DJJ's mission is to protect the public from criminal activity. The law mandates the Division to:
• Provide training and treatment services for youth offenders convicted in a court of law
• Direct youth offenders to participate in community and victim restoration
• Assist police and other agencies with efforts to control crime and delinquency
• Encourage the development of state and local programs to prevent crime and delinquency

When a minor is committed directly to the DJJ, they do not receive a ‘sentence’ for their juvenile crimes in California. Their length of stay is instead determined by the severity of the crime they committed and their progress toward parole readiness. If a minor is found guilty at a juvenile court proceeding, he or she will be sentenced separately. For less serious offenses, sentencing could include probation, restitution to victims, community service, a halfway house or foster care. More serious offenders could be sent to training school or a secure facility ("lock-up"). Minors who became wards of the court before age 16 can be kept in state custody until age 21; minors ages 16 or older can be kept until they're 25.

The California juvenile crimes defense lawyers at Wallin & Klarich believe that it is always in a minor’s best interest to retain a highly experienced juvenile criminal defense law firm when first accused of a criminal charge. Our attorneys help minors facing serious criminal charges in addition to helping minors clean up his or her juvenile record. If your child is facing the seriousness of juvenile criminal charges, contact us today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

Cursory Investigation of Potentially Exculpatory Evidence Amounts to Inadequate Assistance of Counsel for Minor – Why You Need an Experienced Juvenile Defense Attorney

When hiring a criminal defense attorney in California to represent your child, be sure he/she is competent, aggressive and thorough. In the case of In re Edward S. 2009 DJDAR 6066, the Court of Appeal ruled that a minor’s trial had to be reversed and remanded back to the juvenile Court because his attorney was ineffective and failed to properly represent the minor in a sex case. Edward S., a minor, was charged with a sex crime against another minor. His trial attorney failed to properly investigate the case or hire potential experts to assist in the case. The petition against him was found to be true beyond a reasonable doubt. He appealed and the Court of Appeal reversed the adjudication.

The law firm of Wallin & Klarich has been representing minors like Edward S. in the juvenile court system for over 30 years. Our firm has the highest rating a law firm can have: “an AV rating” by our peers. We know what it takes to properly and effectively investigate each case. If your child is being investigated for a crime or is charged with a crime, call the law firm of Wallin & Klarich. The stakes are just too high not to. Contact a Wallin & Klarich California juvenile criminal defense attorney today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

If You Have a Juvenile Record, You Have a Statutory Right to Hire a Juvenile Defense Attorney to Petition the California Juvenile Court to Seal Your Record

You would be hard pressed to find anyone who has not made a mistake as a youth. Youthful indiscretions, no matter how common, may greatly affect an individual’s life thereafter. Often times a juvenile record in California can come back to haunt a person as they look for employment, or attempt to further their education. It is common knowledge that a person who has a juvenile record, may suffer from negative consequences as a result of the record. However, what most people are unaware of is what can be done about sealing a juvenile record.

By statute, individuals have a right to petition the Juvenile Court to seal the juvenile record, as well as the records in custody of other agencies. This includes records in the custody of law enforcement agencies and public officials. Under California Welfare and Institutions Code Sections 389 and 781, an individual may petition to have their juvenile record sealed if either one of the following occurs: five years or more after the jurisdiction of the juvenile court has terminated, five years or more after the individual was cited to appear or were taken before a probation officer or any officer of a law enforcement agency where no petition was filed in the Juvenile Court, or at any time after the individual has reached the age of 18. Cleaning up your criminal record can significantly improve your chances of getting a job or advancing your education.

If you have a juvenile record and hope to obtain gainful employment or hope to further your education, it is imperative that you hire an experienced criminal defense attorney. Hiring an experienced criminal defense law firm in California can greatly increase your chances sealing your juvenile record. The attorneys at Wallin & Klarich have been helping people keep their record clean for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 1-888-280-6839, or go to our website at www.wklaw.com for more information.

In a tragic story published in the Los Angeles Times, a 12 year old Beaumont boy had been accused of shooting and killing his friend, who was also 12. The boy was arrested and booked into Riverside Juvenile Hall on suspicion of murder in California. Police have also arrested the parents of the boy, Patricia and Christopher Willis, and charged them with negligent storage of firearms and child endangerment.

The boys were determined to be home on a school day, unsupervised, while the parents were at work. A search of the home by police produced several unsecured firearms, some of which were loaded. According to the story, the boy called 911 at about 10:40am and said that he had heard a gunshot and that his friend was injured. Police arrived shortly afterwards and found the 2nd boy dead, with an apparent gunshot wound.

“We’re still trying to figure out if this was accidental or on purpose,” said Beaumont police spokeswoman Darci Carranza.

Homicide in California is one of the most serious criminal offenses one can face. The legal stakes cannot be any higher. Having a juvenile being charged with this type of crime complicates matters greatly. Juvenile courts deal with two types of offenses. Minors charged with "status offenses" are accused of doing something that would have been legal but for the minors age when doing the act. This can include minor in possession of alcohol or driving a vehicle before the minor has been issued a license to drive a motor vehicle.

Continue reading "Beaumont Boy, 12, Accused Of Killing His Friend, Needs a Juvenile Criminal Defense Attorney" »

Hundreds of Juvenile Court Criminal Convictions Reversed Due to Alleged Actions of Judge who Took Millions of Dollars in Kickbacks

It was reported in the Los Angeles Times on March 27, 2009 that a state Supreme Court has reversed convictions in hundreds of juvenile crime cases due to the corrupt actions of a former judge. It was reported that this judge was being prosecuted for allegedly taking over 2.6 million dollars in payoffs to put juvenile offenders in privately owned jail facilities.

The Supreme Court found that between 2003 and 2008, this judge violated the constitutional rights of youthful offenders who came before him without lawyers. This resulted in many of these youthful offenders serving time in custody unjustly.

This is yet another example of what can happen when juveniles facing criminal charges do not retain qualified criminal defense attorneys to assist them. The parents or guardians of juveniles facing criminal offenses need to realize that a tremendous amount is at stake for the minors who face criminal charges. To sit by and not seek out the legal counsel of highly experienced juvenile criminal defense attorneys in California is a very unwise decision. When you are advised that a minor has been accused of a crime, a phone call to a skilled juvenile criminal attorney should be your first step.

At Wallin and Klarich we have been helping people accused of juvenile crimes for 30 years. We can help you to understand the system and how the minor can be best legally protected. Call us at 888-228-6839 or visit our website at wklaw.com for immediate help. We will be there when you call.