California Criminal Defense Attorney Blog

Juveniles are capable of committing just about any crime an adult can commit. Yet, what authorities sometimes don't take fully into consideration is that young people aren't capable of making rational decisions like most adults.

They simply don't have the ability many times to determine right from wrong. But still, officials may file charges against a juvenile, not considering that Irvine juvenile charges carry long-term consequences.

An experienced Irvine criminal defense lawyer understands that juveniles, depending on their age, can be charged as adults. And even if they enter the juvenile justice system, sometimes, while protected, those records can lead to consequences, such as loss of scholarships, denial of getting into college, missing out on a job opportunity and other issues.

The case of Frances G., shows us that police will treat juveniles like adults in many aspects. A girl in Rhode Island was charged with vandalizing a relative's car after a dispute the relative had the girl's mother.

According to court documents, Frances and her mother traveled to the home of the girl's aunt's house to get a curling iron. When they went to the apartment, the aunt told her daughter to tell the two she was sleeping. They continued knocking and used vulgar language to demand she come out.

Two minutes later, the aunt's daughter screamed out, "Willa is at your car with a brick." When the woman awoke and looked outside, she saw her vehicle's windshield had been smashed and there were dents on the car as her sister and France G. drove off in another vehicle.

Later that night, Frances was with her father, who was contacted by police. They voluntarily went to the police station and the officer asked for a "general breakdown" of what happened before giving the girl her Miranda warnings. Miranda warnings are what people typically know as "the right to remain silent, anything you say can and will be used against you in a court of law..." and other warnings.
After the girl told the officer what happened, he gave her a written set of Miranda rights that she and her father were read.

The girl said her mother instructed her to smash the windshield of the car and she admitted she was fully responsible for committing the crimes. After a trial, the girl was found to be wayward and was put on probation for a year and ordered to serve 30 hours of community service.

On appeal, attorneys argued that her statement to the officer violated her Fifth Amendment rights and they argued that the aunt shouldn't have been allowed to testify about what her daughter allegedly saw.

In both instances, appeals judges denied the arguments and upheld the girl's sentence. This goes to show that despite being only 12 years old, juveniles nationwide, including juveniles in Irvine, can be treated as adults, even if they are charged in the juvenile justice system.

Continue reading "Circumstances in Juvenile Case of Frances G. Could Happen in Irvine Juvenile Crime Cases" »

Officials in Newport Beach have pitched in money to put together a reward to catch the person or people who are responsible for damaging the Reagan statue in Bonita Canyon Sports Park, the Los Angeles Times reports.

Charges of vandalism are typically considered juvenile crimes in Newport Beach.

But as police and prosecutors sometimes trying to show, vandalism cases can be linked to gang-related activity in California. The laws in this state are tough on people accused of gang crimes and a conviction can lead to years in prison.

But, for the most part, vandalism is a crime committed by teenagers or other youth. While some consider this a minor crime, it can have long-lasting implications outside of what a judge sentences. These charges can lead to a lifetime of regret.

A person who is convicted, even as a teenager, can miss out on scholarships for college, not get accepting into a university of their choice, be disqualified for military service and have problems getting a job. These are all consequences that an experienced Santa Ana criminal defense lawyer can help mitigate in the right circumstances.

In the Newport Beach case, the statue, which was purchased through private funds for $80,000, shows the former President standing and waving with his right hand. The bottom bears a facsimile signature and writing underneath. It now leans heavily forward as someone appears to have pried it up.

Officials recently announced that they had raised $5,000 so there is a reward for someone who may have information about who is responsible for the crime. The statute hasn't come without some controversy. Created to celebrate his 100th birthday, some were frustrated by it being put in a public park. That's why private donors were brought in to create it.

Council members and the mayor put up personal funds to create the reward.

Vandalism charges can vary, but most often they are charged as misdemeanors. If a juvenile is indeed arrested, they can be placed in juvenile court, but they may be subjected to the adult criminal justice system as well. Past criminal history, the facts of the case and the age of the defendant are all factors.

There are rare cases when vandalism charges can escalate into more serious allegations and possibly felonies if the state can prove that the damage done exceeds a certain amount of money.

This can lead to even more serious charges and possible jail or prison time, regardless of the age of the defendant. In a case where no one saw an event happening, the credibility of any witnesses the police can find and what they say to police and then at trial can make a difference between whether a person is found guilty or not guilty.

Like any criminal charge, a defendant shouldn't take it lightly. Even a misdemeanor conviction won't look good in 20 or 30 years. It still means a brush with the law and that can be a turn off by employers and others a person may seek to impress. That's why fighting a vandalism or juvenile charge in Orange County is so critical.

Continue reading "Reagan Statue Wrecked and Officials Put Up Catch Reward to Cash Newport Beach Vandalism Suspect" »

A recent case out of Iowa shows why all suspects, regardless of the charges they may face, should not make statements to police or anyone else after they are arrested..

In State v. Pearson, a 17-year-old was arrested and charged with beating an elderly man. Smartly, he invoked his right to remain silent when confronted by police. Stupidly, he admitted to the crime to his social worker the next day.

Because he made the statements without his attorney and there was no attorney-client privilege in place with his social worker, the statements were used against him at trial. His jury convicted the teen of first-degree robbery, willful injury and being armed with intent.

Juvenile crimes in Santa Ana are difficult because teens who get arrested often are so terrified, they don't consider the implications of speaking with police or anyone else for that matter.

They must rely on a Santa Ana criminal defense lawyer to give them sound advice the moment they are arrested. You should never take any action, including talking with police, until after consulting with an attorney.

Pearson shows us that remaining silent is always the smart move. Consider a number of things. If police have called in a person for questioning who they believe is a suspect, the person is automatically put on the defensive. If they have no proof to hold a person and they aren't considered under arrest, they don't have to speak with police at all.

But if a person does choose to speak with law enforcement officers, their statement is recorded, sometimes video recorded, and officers are taking notes the entire time. Usually, there are two officers so they can feed off each others' questions. This pins suspects in the corner as they attempt to talk their way out of the charges.

But this isn't the same as trying to convince your parents you weren't at that party. There are serious implications on the line and your parents aren't as well trained as the police are in dealing with interrogations. They come across thousands of suspects, who all are trying to convince them they weren't involved.

Remaining silent has the distinct advantage of the element of surprise. If a suspect refuses to talk and police make an arrest anyway, the prosecution has no idea what they might say if they decide to testify at trial. If they make a statement and then testify, prosecutors will use the prior statement, and any inconsistencies in it compared to the testimony, against the defendant.

If there are major changes from what the person said at the time of arrest versus trial, the jury may think the trial testimony is a lie. That hit to credibility can sink a defendant. But if there is no prior statement, the prosecution can't use a non-existent prior statement to its advantage.

Continue reading "State v. Pearson is Good Example Why 'Right to Silence' is Smart in Santa Ana Juvenile Cases " »

An Anaheim teen faces a charge of murder in the stabbing death of a 12-year-old that police believe was related to a rivalry among graffiti crews, The Orange County Register reports.

Murder charges in Anaheim are the most serious that any person can face and therefore they require the most diligent defense possible. This is especially true for children charged with serious crimes. They often don't understand the possible punishments and the consequences of their actions. Orange County Defense Lawyers are prepared to defend any criminal charge.

The stabbing took place recently near Sycamore Junior High School. The 12-year-old was stabbed in the chest and later died at a nearby hospital. The stabbing occurred as the 12-year-old was walking home from school.

What this tragic story illustrates is that juveniles, especially boys, aren't fully developed until well into their 20s. Research has shown that the juvenile male brain hasn't developed the crucial areas of reasoning and consequences. That fact can help explain why it is that young boys commit crimes.

Orange County juvenile crime is serious because picking up a charge as a teenager can have serious implications. Not only can a criminal charge keep a teen from graduating high school, it can keep them from earning scholarships, gaining entry into college and the U.S. military.

But criminal charges also carry psychological problems for a teenager. Being thrust into the criminal justice system, which seeks to punish rather than rehabilitate, can scar them for life. And having to spend time in a county jail, alongside hardened criminals, can create bad influences they may not be able to overcome.

That's why hiring an experienced criminal defense team as soon as possible is crucial. Being able to study the facts, speak with the teen and their family to develop a defense strategy and attack the charges quickly may be the best way to help the juvenile get out of a bad situation. The juvenile justice system is designed to prevent teens from committing crimes in the future and there are steps to keep a teen from being tried as an adult that must be taken early on in the case.

But the story also points out an interesting issue. They said the arrest was made several hours after an interview with detectives at the Anaheim police station.

In a recent ruling by the U.S. Supreme Court in J.D.B. V. North Carolina, justices were sharply divided, but ruled that the age of a person must be weighed when police decide to interrogate them. In the case, a 13-year-old was taken out of class to be questioned by police about two home break-ins. Justices ruled that teens may not feel they are free to leave a room or respond to officers' questions. The ruling doesn't say police can't interrogate juveniles, but it does leave some room for interpretation about Miranda rights, teenagers and hours-long interrogation sessions in a tiny room with police.

All of these matters of law are important in defending a juvenile, especially one charged with a heinous crime such as murder. They shouldn't make a statement to police because it can be used against them. But most juveniles do talk with police when they are suspected of a crime because they want to try to explain their way out of things. But this only hurts their chances in the future.

Continue reading "Anaheim Teen Faces Murder Charges After Fatal Stabbing of 12-Year-Old" »

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.