Juvenile Arrests in California: The Most Common Offenses and How A Criminal Defense Attorney Can Help
Juvenile Arrests in California: The Most Common Offenses and How A Criminal Defense Attorney Can Help A juvenile arrest can affect many aspects of a minor’s life including educational opportunities and future employment prospects. While California's juvenile justice system emphasizes rehabilitation over punishment, serious offenses still carry significant consequences that require experienced legal representation. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process.…
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The Effect of Active Probation on Petitions for Sealing Juvenile Records – Welfare and Institutions Code Section 786
The Effect of Active Probation on Petitions for Sealing Juvenile Records - Welfare and Institutions Code Section 786 Facing accusations and navigating the intricate legal system can be incredibly daunting, especially for juveniles. If you or a loved one has encountered the juvenile justice system, you might be aware of the importance of having your juvenile records sealed. However, what happens when you're still on probation for another case? This…
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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
Prop 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.…
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When 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…
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Can 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…
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The 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…
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