California Criminal Defense Attorney Blog

According to Popeater.com, 'Melrose Place' actress Amy Locane-Bovenizer has been charged with vehicular homicide following a wine-fueled crash Sunday night in Montgomery, New Jersey. The website reports that the accident resulted in one woman being killed and a man in critical condition.

Apparently the actress best known for her role in “Melrose Place” was involved in a hit-and-run collision in Princeton, N.J. while driving her 2007 Chevy Tahoe. The crash sent the driver of the other vehicle to hospital and resulted in the death of the passenger whose side the actress crashed into. After apparently committing a hit and run by leaving the scene of the accident Locane-Bovenizer rear-ended a different vehicle and fled the scene of that accident as well. It was the driver of the second vehicle that followed her and called the police. According to the website the police at the scene smelled alcohol on the actresses breath and her eyes were bloodshot, both signs of intoxication. Locane-Bovenizer has been charged with second-degree vehicular homicide and third-degree assault by automobile. At her arraignment on Monday afternoon, Superior Court Judge Robert Reed set her bail at $50,000.

Our Orange County DUI attorneys bring a wealth of experience to every DUI case we handle. Those cases that involve an accident, injury and death obviously are the most serious DUI cases one can face. Our DUI with injury attorneys have handled many cases in which the allegation is that our client while under the influence has caused an injury to another person. In these cases we know full well that the district attorney must establish not only that our client was under the influence BUT also that he or she violated another law as well. See Penal Code Section 23153. This is a step that in many cases gives the prosecutors the most trouble. Call us today and consult with our Orange County DUI attorneys for a free consultation.

On Monday, May 17, 2010, the U.S. Supreme Court, issued a ruling long sought by Orange County Juvenile attorneys. The ruling ends life-without-parole sentences for crimes other than homicide as applied to juveniles. According to the court the basis for this decision is that "children are inherently less culpable and able to be rehabilitated." The defendant involved, Terrance Graham had back to back armed robbery convictions which in turn resulted in a judge giving him the maximum prison sentence available, i.e. life in prison without the possibility of parole. According to www.nola.com, in the United States there are at least 2,570 juvenile convicts that are serving life-without-parole terms, but most are for murder charges. Today's decision by the Court was a 6-3 decision. Based on the ruling juveniles who have been sentenced to life without the possibility of parole in non-homicide cases now have the chance to have their sentences reviewed by the courts, but not the right to automatic release,

Our San Bernardino juvenile attorneys have litigated many juvenile cases in which the prosecutors were seeking to try the juvenile involved as an adult. These cases require a further level of analysis by the juvenile defense attorney to decide on whether to fight the issue of a fitness hearing under the Welfare and Institutions Code section 707. Of course in certain circumstances, and after passage of Proposition 21, the district attorneys office may choose to do a "direct:" filing wherein the case is directly filed with the adult court. Under Prop 21, a child as young as 14 can be prosecuted as an adult if the crime carries life imprisonment or death if the accused was an adult. What's more, crimes involving personal use of a a firearm as defined under Penal Code 12022.5 and crimes involving gang allegations or hate crimes can also result in a direct filing by the District Attorneys office. Cases which are filed in Juvenile court are evaluated under the section 707 "fitness hearing" standard. These cases include but are not limited to : murder, arson under Penal code 451 (a) and (b), robbery, sodomy by force, ……

If your child or a loved one is facing criminal charges in Orange, riverside, San Bernardino or Los Angeles counties, contact our experienced juvenile defenders for a free consultation. We have handled all levels of juvenile criminal cases and our attorneys and investigators are a familiar face in the juvenile courtrooms and detention centers.

When a juvenile (anyone under 18) is charged with a crime, the first question that faces the system is whether he or she will be tried as an adult or a juvenile. Under California’s Welfare and Institutions Code the court can hold a hearing to determine whether the juvenile is “fit” to be prosecuted in the juvenile court or no, hence the Fitness Hearing. The same code section, W&I Code Section 707, lists a few crimes which if alleged against the minor shift the burden to him/her to establish that he is fit to stay in the juvenile court. The advantages of staying in the juvenile system are many, the most important of which are that if the case is lost the minor will not be sent to adult facilities, and the fact that certain serious crimes if litigated in the juvenile system will not be deemed to be a “strike” for the Three Strike Law purposes.

Unfortunately, those practicing juvenile criminal defense in Orange County , Los Angeles or Inland Empire know well that beating back the presumption created by the Welfare and Institutions Code Section 707 is next to impossible. That is why we are so proud of the ruling we obtained on behalf of our client C.B. in a case out of Sylmar’s juvenile court in June of 2010. Our Los Angeles juvenile defender was able to convince the court that our client who was accused of having committed two serious felonies (strikes in adult court) was fit to be adjudged in the juvenile system. Our juvenile defense attorneys and our investigators presented an enormous amount of evidence documenting our clients mental state and his psychological problems as well issues related to his family and lack of criminal history. At the end the presiding Referee made the tough but right decision and he should be commended for it.

If you or a loved one is facing serious criminal charges such as rape, assault with a firearm, murder, shooting at a dwelling, etc., in the juvenile court system call us immediately for a free consultation.