Can a Juvenile Criminal Conviction Count as a Strike Against You?
New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused
New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused For years, persons facing a strike crime in California as an adult could be facing 25 years to life if the prosecutor could prove that the person had 2 prior strikes. Until now, one or both of the prior strikes could have been convictions that the person pleads…
Read MoreProp 57 May Not Apply To Juvenile Offenders Sentenced In A Trial Court
Defendant Jesus Lizarraga (“Lizarraga”) was 17 years old when he shot and killed a member of a rival gang. In 2014, Lizarraga was tried as an adult and was convicted of second degree murder. Lizarraga was sentenced to serve 40 years to life in state prison. Lizarraga appealed, but the appellate court affirmed the trial court’s judgment. The judgment therefore became final in March of 2016, eight months prior to…
Read MoreWhen Can a Minor Be Tried as an Adult in California?
When Can a Minor Be Tried as an Adult in California? In California, minors who are arrested for committing a crime are generally not treated the same as adults. Crimes committed by minors are often adjudicated as delinquency matters in juvenile courts, which exist to rehabilitate rather than punish minor offenders. However, a minor may face traditional criminal proceedings depending on the seriousness of the crime. While California law prohibits…
Read MoreCan Juveniles Serving Life in Prison Get Parole?
Can Juveniles Serving Life in Prison Get Parole? In 2012, the U.S. Supreme Court ruled it was unconstitutional for a law to impose a mandatory life sentence without possibility of parole upon a juvenile offender. In Miller v. Alabama, the court ruled that such laws violate the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishments.1 At the time of the case, the court left it an…
Read MoreThe 10 Most Common Juvenile Crimes
The 10 Most Common Juvenile Crimes There is no greater teacher than our own mistakes, and there are very few people who can honestly say that their younger days were not full of these lessons. But for some, those mistakes could lead to being accused of a crime. Juveniles face harsh consequences for crimes. With that in mind, here are some of the more common crimes for which you or…
Read MoreWhat Rights Do Juveniles in Custody Have?
What Rights Do Juveniles in Custody Have? Generally speaking, juveniles must be afforded the same basic constitutional rights that adults have in criminal cases. However, juveniles do not always enjoy the same level of protection. Constitutional Rights for Juveniles in Custody Right to Remain Silent/Right against Self-Incrimination: As a juvenile, you have the right to remain silent when being questioned by police under the Fifth Amendment. The Constitution, without regard…
Read MoreWhat is a Fitness Hearing in Juvenile Court? (Welfare & Institutions Code 707)
What is a Fitness Hearing in Juvenile Court? (Welfare & Institutions Code 707) Sometimes, because of a juvenile’s criminal history or the severity of a crime they are accused of, a minor may be tried as an adult in criminal court. When this happens, the minor faces the same penalties and punishments as an adult. Before trying a minor as an adult, the court must decide if the minor should…
Read MoreRestoring Your Gun Rights after a Felony Juvenile Conviction
Restoring Your Gun Rights after a Felony Juvenile Conviction Most of us have done things when we were young that we are not proud to admit, and some of us have even committed crimes such as shoplifting or vandalism before the age of 18. Many people even become convicted felons as teenagers, losing the right to own a firearm forever before they reach the age where it becomes legal to…
Read MoreA Second Chance for Youth Offenders – Fair Sentencing For Youth Act
A Second Chance for Youth Offenders - Fair Sentencing For Youth Act Carjacking. Murder. At 16 years old, these were Edel Gonzalez’s crimes. Sentenced to life without the possibility of parole in 1993, he never expected to take another breath outside of prison walls. Yet, on March 25, he walked out of prison, having been released on parole. The reason? First, he had an exemplary prison record, having never been…
Read MoreCan a Juvenile Criminal Conviction Count as a Strike Against You?
Can a Juvenile Criminal Conviction Count as a Strike Against You? In California, if you are a juvenile charged with an offense, you have the right to go to trial before a judge. If you lose or choose to take a plea bargain, you may be determined to be guilty by the juvenile court judge. A felony juvenile criminal conviction typically does not count as a strike under California’s “three…
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