Juvenile Offenses
SEAL YOUR JUVENILE RECORD
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…
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What Happens When a Juvenile is Arrested in San Diego County?
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…
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JUVENILES CHARGED WITH CHILD MOLESTATION
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…
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JUVENILE CASES AND DEFERRED ENTRY OF JUDGMENT (W&I 790 PROBATION) VS. INFORMAL PROBATION (W&I 654)
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.…
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Limiting Visitation of a Juvenile Offender is Unconstitutional
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…
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A Prior Juvenile Conviction Could Lead to More Jail Time
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 ".…
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Curfew laws in California
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…
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Suspended or expelled from school for a weapon?
https://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…
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PROPOSITON 21 – DA DIRECT FILING CASES
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…
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MINOR IN POSSESSION OF ALCOHOL
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…
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