Some factors include if the minor has violated an order of the juvenile court or if the minor has escaped from juvenile court commitment or that the minor is a flight risk and a harm to himself or others.

The court may determine that it is reasonably necessary for the protection of the person or property of another that the minor be detained.

The court can consider the input from the prosecution, defense counsel and the minor’s parents regarding the detention issue at the time of the detention hearing. After the detention hearing the next step would be setting a pre trial date and a trial date or jurisdictional hearing in juvenile court.

An experienced juvenile defense attorney can persuade the court that the minor is not a danger to himself or the public and therefore should not have to be detained. The experienced San Bernardino defense attorneys at Wallin & Klarich have experience at these juvenile court proceedings and have a high AVVO rating.

If you or someone you love has been accused of a crime in the juvenile courts, contact the experienced San Bernardino criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

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Just holding an unopened bottle is enough. You do not need to have been drinking it. However, you will not be prosecuted if you were in possession only because you were fetching a beer for your parents or other responsible adult. Also, if you are delivering a beer as part of your employment, you don’t have to worry about being charged as a minor in possession.

Even if you try to “destroy” evidence by drinking the beer after you are spotted with the bottle, you will still face a minor in possession charge if you exhibit signs of intoxication. And you would still be deemed “in possession” of the alcohol even if it is in your body.

If convicted, the DMV will suspend your license for a year. If you do not yet have a license, you will not be able to get a license for a year after you are eligible to get one. This one-year suspension is strictly imposed for minors and you would not be able to legally drive unless you can show a critical need for a restricted license.  Your punishment will also include a $250 fine or 24-35 hours of community service.

To avoid a criminal record and the prospect of losing your license for a year, you should seek the help of a Southern California criminal defense attorney. It is possible for your attorney to either get the charge reduced so that you can keep your license or dismissed altogether.

At Wallin and Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best results. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Now imagine losing your privilege to drive for a whole year. You would live a miserable existence. California law has a low tolerance for minors who commit crimes and make extra efforts to really “teach you a lesson.”

Below you will find a list of different crimes that will result in a one-year license suspension:

In California, if you are a minor (under the age of 21) convicted of a criminal offense involving drugs and/or alcohol, you will lose your driver’s license for a period of one year.

Vehicle Code Section 13202 requires the court, upon conviction, to suspend the minor’s driving privilege for one year. If the minor does not yet have a license, the minor’s ability to obtain a license will be suspended for one year.

The following is a list of the most common offenses involving minors requiring a one year license suspension if convicted:

Business and Professions Code 25658(b) – purchasing alcohol as a minor
Business and Professions Code 25661 – giving a fake ID
Business and Professions Code 25662 – possessing alcohol as a minor
Health and Safety Code 11357(b) – possessing marijuana (less than an ounce)
Health and Safety Code 11357(c) – possessing marijuana (more than an ounce)
Vehicle Code 23152 – DUI; driving under the influence of alcohol or drugs
Vehicle Code 23103 per 23103.5 – reckless driving involving alcohol
Penal Code 647(f) – drunk in public

One year is a long time. To best ensure that you do not get your license suspended for a year, you will need to hire a skilled criminal defense attorney.

At Wallin and Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best results. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

The court appointed him a public defender and at the end of the case she received a bill for $1,225.00 for use of the public defender. She was very upset because she claimed the public defenders kept “changing” and they had three different public defender’s representing her son. She didn’t feel that her son got quality representation and now the county has ordered her to pay $1,225 for using the public defender.

It is often the case when people contact us they claim that the quality of representation that their child received when represented by the public defender was poor. They claim that on the same day their child was in court the public defender handling their child’s case was also trying to handle many other cases. We often tell them that when you hire an experienced juvenile crimes attorney you will have your child receive the attention that their case deserves.

If you are in need of legal services for your child who is facing criminal charges you should strongly consider the consequences your child is facing and the quality of legal services you will want for your child.

Please do not be fooled into thinking having a public defender in juvenile court is free. In many cases as in the example above it cost this mother $1,225.00 to use the public defender.

If you or a family member are facing a Juvenile matter, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich.  We’ve have been helping Juvenile defendants for over 30 years.  Call us at (888) 280-6839 or visit us at www.wklaw.com.

The juvenile, M, filed a motion for a new trial filed by his new lawyer where his trial lawyer signed a declaration acknowledging that: (1) He needed more time to investigate but had erroneously believed he could only get a on-week continuance; (2) His “excessive caseload” made it impossible to “thoroughly review and litigate each and every case,” including M’s case; (3)he was required to do his own investigation which was “all but impossible” given that excessive caseload; (4) he considered requesting an evaluation of M’s mental condition but was told his office would not pay for it; (5)he did not order a polygraph since he believed the court would not pay for it and his office would not pay for it; and (6) if he did attempt funding for the above evaluations “my job would be jeopardized.”  The court held that the public defender provided ineffective assistance of counsel when he failed to investigate potentially exculpatory evidence, request  longer continuance, and failed to withdraw j=knowing he was unable to devote the time and resources necessary to properly defend M.

This case illustrates just how important it is to consult with a knowledgeable Los Angeles  juvenile defense attorney anytime your child is facing criminal charges.  Public Defenders are typically very good lawyers and good people but often times they are grossly overworked and unable to devote the time necessary to properly protect your child’ rights.  If you or your child are facing criminal charges don’t hesitate to contact the aggressive law firm of Wallin & Klarich.  We’ll be there when you call.

Sealing a juvenile record can go along way in ensuring mistakes made as a youth, do not hamper a person’s ability to lead a productive and successful life as a adult.  When a juvenile record is sealed, the records of arrest, detention, prosecution and conviction are physically sealed.  The offense is deemed to have never occurred.

To be eligible to seal a juvenile record, the individual must be 18 years of age, and 5 years must have passed from the last arrest or discharge from probation.  Despite what many believe, juvenile records are not automatically sealed when the juvenile turns 18.  Although juvenile records are supposed to be confidential, arrest and conviction records often appear when an agency or employer to a background check.

Sealing  juvenile records is the best way to ensure past mistakes committed as a child, do not restrict your opportunities as an adult.

If you or a loved one require your records to be sealed, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of cleaning your record.  The attorneys at Wallin & Klarich have been helping people 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 888-749-0034 or go to our website at www.wklaw.com for more information.

Under California Penal Code Section 594, a person may be guilty of vandalism if they maliciously deface with graffiti or other inscribed material, or damage or destroy the real or personal property of another.

A vandalism charge may be charged as a misdemeanor or a felony.  Whether an act or acts of vandalism are charged as a misdemeanor or felony depend on the circumstances surrounding the crime.  For example, a first time vandalism charge with damage under $400, would likely be charged as a misdemeanor.  If the damage is over $400, and the person has a previous vandalism conviction, the person would likely face felony vandalism charges.

In addition to potential jail time, fines, probation and community service, a person convicted of a vandalism charge also faces a suspension of driving privileges.   A conviction stemming from a vandalism charge may have serious and lasting consequences, especially to minors.

If you or a loved one has been arrested, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom.  The attorneys at Wallin & Klarich have been helping people 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 877-749-0034 or go to our website at www.wklaw.com for more information.

After hearing about what happened to her daughter at school, R’s mother sued the school district, the nurse, and the administrative assistant for violating R’s constitutional right against unreasonable search and seizure.  The case made it all the way to the US Supreme Court who held that the school went too far and the search in this case did in fact violate R’s constitutional rights.  The court reaffirmed the rule that school officials need only reasonable suspicion to search but held that search is only permissible when it “not excessively intrusive in light of the age and sex of the student and the nature of the infraction”.  The court found that the search of R’s backpack was OK but, to justify a “strip-search”, the school needed reasonable suspicion of danger to the students if the power of the drugs or their quality could be dangerous (which was not present here), or reasonable suspicion that R was carrying drugs in her underwear.

This case highlights the extreme measures that schools are going to these days and how school settings can turn into a prison setting with an innocent child being victimized in the process.  Juvenile Criminal law in California is very different in many ways from adult criminal law.  If your child is facing criminal charges in California it is important to hire a law firm that is familiar with the unique procedures in juvenile criminal court.  Nothing is more important than the safety and freedom of your child.  Please don’t hesitate to contact the experienced and aggressive Orange County  juvenile criminal attorneys at the law firm of Wallin & Klarich.  We’ll be there when you call.

The rising public tide against bullying has motivated and emboldened prosecutors to intervene on behalf of public safety and harshly punish those accused of bullying. While bullying is an act that is universally condemned, in almost all cases, a more measured approach than criminal prosecution is appropriate for addressing the problem of bullies.

The case involving Phoebe Prince is an excellent example. Phoebe was an Irish teenager who immigrated to the United States in 2009. In January 2010, news media widely reported her suicide as a result of students bullying her at school and online. Massachusetts District Attorney Elizabeth Schiebel charged six students with crimes related to Phoebe’s bullying, with the most serious charge carrying a maximum sentence of 10 years in prison.

In a recent investigative piece, Emily Bazelon, a Yale Law professor, provided a more nuanced picture of the events leading to Phoebe’s suicide. According witness interviews, three of the students charged did not even contact Phoebe at any time the week before her death. And instead of the constant three months of abuse that the District Attorney alleges, Bazelon’s sources state that the students who did allegedly harass Phoebe did so at varying times and for nowhere close to three months.

According to Bazelon, Phoebe was taunted and harassed because she had sex with Sean Mulveyhill, who was dating another girl at the time, Kayla Narey. The next month, Phoebe dated Austin Renaud, who had a serious girlfriend at the time, Flannery Mullins. In the following months, Flannery posted on her own Facebook account and obliquely referred to Phoebe as a “gross slutter poser” Irish person and an “Irish slut.”

On January 14, after school ended for the day, Phoebe was taunted by Sean, Kayla, and Ashley Longe, Sean’s friend. As Phoebe walked home, someone threw a drink can out of a car window at her. Later that day, she hung herself.

According to Bazelon, Phoebe apparently suffered tremendous emotional trauma even before she immigrated to America: a friend in Ireland stated that Phoebe began cutting herself before she left for Ireland, and a friend in America stated that she resumed cutting herself sometime after coming to America. Phoebe showed the same American friend her wounds, which started on her chest and went down to her hips. Others state that Phoebe had a deep connection with her father, who her mother divorced and who remained in Ireland, and that Phoebe missed him terribly. Before her death, Phoebe was on Prozac, an anti-depressant medication, and Seroquel, a medication for anxiety and mood disorders.

The most serious charge against the accused bullies, civil rights violation leading to bodily injury, carries a maximum sentence of 10 years in prison. Defense attorneys expect that the District Attorney will argue that Phoebe was called an “Irish slut,” which is an ethnic slur, and that this civil rights violation led to her bodily injury, i.e., her suicide.

On reviewing the facts described by Bazelon, there’s no question that everyone involved, including Phoebe, was guilty of bad behavior. But do Phoebe’s alleged bullies deserve ten years imprisonment if convicted? It’s hard to believe that such a drastic and heavy-handed response is appropriate considering the circumstances, but District Attorney Schiebel has vowed to fully pursue criminal proceedings against Phoebe’s alleged persecutors. Do we really want the District Attorney to intervene in what amounts to typical high school meanness, even if it involved an especially vulnerable victim and a particularly tragic result?

“People want to think that there’s always legal accountability where there should be moral accountability,” said noted defense attorney and Harvard Law professor Alan Dershowitz. “But in the criminal context, you should always err against overextending the law.” Furthermore, it’s extremely unwise to make policy based on extreme cases. Seeking criminal punishment for what should be considered moral transgressions ultimately does not address the problem of bullying because it fails to distinguish between typical high school antics and acts which actually merit criminal culpability. In most cases, bullies should be punished for their behavior through the normal means of school discipline, not by incarceration. And whether they should be punished by the school administration or the criminal system should depend on what the BULLIES did, not the particular vulnerability of the victim.

In California, though the Education Code describes bullying for purposes of suspending or expelling a student, the California Penal Code does not have a specific crime punishing bullying. (Educ. Code §§ 48900.2, 48900.3, 48900.3.) Instead, the alleged acts of bullying must fall under an existing crime. Examples may include criminal threats (Pen. Code § 422), assault (Pen. Code § 240), battery (Pen. Code § 242), sexual battery (Pen. Code § 243.4), hate crimes (Pen. Code § 422.6), or harassing electronic communication (Pen. Code § 653m).

If you or someone you know has been accused of a juvenile crime related to bullying, you will need an experienced Southern California defense attorney who will vigorously defend you. At Wallin & Klarich, we have helped juveniles accused of crimes for over 30 years. Call us today at (888) 749-0034 or visit us at our website at www.wklaw.com. We will be there when you call.

M appealed the decision of the Juvenile Court and argued that the security guard was not “public officer” for purposes of the charge of willfully resisting, delaying, or obstructing a peace officer in violation of Penal Code 148(1)(1). The appellate court agreed with M that the security guard was not a “public officer” and overturned the decision of the lower court. Since M immediately submitted to the “real” public officer immediately he was found not to have violated the law with regard to his interactions with the security guard and the school police officer.

Juvenile Criminal law in California is very different in many ways from adult criminal law. If your child is facing criminal charges in California it is important to hire a law firm that is familiar with the unique procedures in juvenile criminal court. Nothing is more important than the safety and freedom of your child. Please don’t hesitate to contact the experienced and aggressive juvenile criminal attorneys at the law firm of Wallin & Klarich. We’ll be there when you call.