Category: Juvenile Crimes

After the passing of California’s Proposition 47, persons convicted of some types of nonviolent property and drug crimes were able to have the charges reclassified from felonies to misdemeanors. With this reclassification, criminal defense lawyers had the ability to petition on behalf of their client for shorter jail sentences and lowered fines. Due to the terminology of Proposition 47, a District Attorney in California’s second-most populated county argued that the reclassification would not apply to juvenile felonies. The DA stated that the terminology present in Proposition 47 was not used in cases brought against a minor and, therefore, only applied to adults convicted of or facing felony charges. A California Superior Court agreed with the DA in a February 2015 ruling.

Ruling Reversed—Juvenile Felonies Eligible for Reclassification

Under the State’s three strike law, juveniles face a greater possibility of being tried in adult court for subsequent felony charges. The ability to have a low-level felony reclassified could make a significant difference in the outcome of a charge against a minor. During a July 2015 appeal to the February 2015 ruling to exclude juvenile felonies from reclassification, the decision was overturned by the Fourth Appellate Court of Appeals. The Court cited that changes made to “an entire system of laws” affecting the criminal system would usually apply to juveniles, regardless of terminology used to refer to crimes, pleas and sentencing.

Criminal Defense Lawyers Petition for Juveniles

Penal code changes under Proposition 47 apply retroactively to applicable juvenile felonies, meaning criminal defense lawyers can now appeal to have a client’s previous conviction reclassified to a misdemeanor charge. Juveniles with a previous property crime charge, drug offense, or other nonviolent felony may be able to avoid harsh future sentencing by making an appeal for the reclassification of past convictions. To speak with an experienced criminal defense attorney about the reclassification of juvenile felonies in California, call now at [number type=”1″], or go to our website: www.youareinnocent.com.

In 2000, California passed Proposition 21, which was an initiative aimed at increasing penalties for juveniles who committed crimes. It also meant juveniles would be put into the adult criminal justice system.

The initiative was intended to curb what some thought would be a large group of criminal kids considered “superpredators.” Youths would be tried as adults and sentenced to hard time under the proposition.

In 1997, juvenile arrests peaked and have been falling ever since. In fact, arrests of juveniles dropped 48 percent by 2011, according to the Justice Department’s Office of Juvenile Justice and Delinquency Prevention. The problem with the proposition is that state prisons and juvenile facilities were filled with youths, which created human rights concerns and budget issues.

Studies found that it cost $100,000 annually to incarcerate a youth, while it is only about $10,000 to put a child through public school for a year.

However, there has been a change in thought regarding juvenile crime in the last handful of years. Since studies have shown that incarceration of young people increases their chance to commit another crime, states are looking at alternative punishments.

A few major Supreme Court decisions since 2004 have helped reframe the conversation regarding juvenile offenders and appropriate punishments. What was once an “adult crime, adult time” mentality is morphing into a more complex approach as research shows how costly and detrimental to the youth it can be.

Supreme Court decisions that have been influential include:

 

Roper v. Simmons (2004): Capital punishment for juvenile crimes was abolished.

• Graham v. Florida (2010): States could no longer give mandatory life sentences to juvenile crimes, except homicide.
• Miller v. Alabama (2012): It was now unconstitutional to hand down mandatory life sentences for juveniles for any crime.

Since juvenile crime’s peak in 1997 and 2011, 46 states have made reductions to their commitments for juveniles.

CNN reports that a bill that is headed for a vote here in California has re-started conversation about whether or not life sentences given to juveniles should be re-analyzed. Senate Bill 9, which would give certain juvenile offenders the chance for release, is headed soon to the Assembly floor for a vote.

Senator Leland Yee (D-San Francisco) introduced the legislation, which would permit juveniles to request a court to re-analyze their sentence after they have already served 15 years in prison for their alleged crime. Yee, a former child psychologist, has argued that juveniles do not possess the capability to fully comprehend their crimes, at certain ages, and locking them up without giving them an opportunity to prove they have acquired that ability is not the solution. “SB 9… provides the opportunity for compassion and rehabilitation that we should exercise with minors,” he says. Yee has said the goal of the bill is not a “get out of fail free card,” rather; he hopes to provide more opportunities to rehabilitate juveniles if they are fit to be given a reduced sentence and have established that they have changed since they were younger and committed the crime.

Current law in California permits children as young as 14-years-old to be sentenced to life in prison without parole, for some crimes. According to the article, no other country in the world, with the exception of the United States, has life in prison as a sentencing option for juveniles. In California alone, close to 300 children have already been given that sentence.

Depending on the crime allegedly committed, juveniles can face serious consequences, including heavy fines, probation, or even a life sentence in prison. If your son or daughter is facing serious criminal charges in California, it is critical that you learn more about the legal options available. Contact the juvenile crime defense attorneys in Los Angeles at The Law Offices of Lawrence Wolf to learn how we can help protect the rights of your child. Call 866-390-7373 today.

A student from Thousand Oaks has been arrested on making death threats to fellow students and one of his teachers at Carpinteria High School, the Ventura County Star reports. The freshman student, who reportedly transferred to Carpinteria from another school district, told officials that he was tired of being picked on by students and the teacher. Authorities took him into custody because they believed the threat was credible. However, they did not find any weapons or firearms after searching the student’s home.

A juvenile crime accusation is tough for families to take. When your son or daughter has been accused of a crime, it is natural that families are thrown into turmoil. You worry about the consequences of a juvenile crime conviction. You wonder if it will haunt your children for the rest of their lives or affect their ability to lead a productive adult life.

The most important step you need to take when your son or daughter is accused of a crime is to seek the counsel of a California juvenile crime defense attorney who has a track record of successfully defending clients in such cases. Dealing with the juvenile justice system can be a frustrating experience and you need the counsel and guidance of a skilled criminal defense lawyer by your side aggressively defending your child and fighting for his or her rights.

If your child has been arrested, please contact the knowledgeable California juvenile defense attorneys at the Law Offices of Lawrence Wolf. We not only know the juvenile crime justice system, but have also participated extensively in the development of alternative sentencing process throughout Los Angeles and California. Call us today for a free case consultation with a Los Angeles criminal defense lawyer.

When is A Juvenile Tried as an Adult?

If a minor is over 16 years old at the time of the commission of an offense, the Juvenile Court may have a hearing to decide if the minor should be prosecuted in juvenile court or adult court. In court, these five criteria determine if the juvenile will be found “unfit”:

1. The minor’s sophistication.
2. The period necessary for rehabilitation of the minor.
3. The previous delinquent history of the minor.
4. The prior attempted rehabilitative efforts made.
5. The seriousness of the criminal offense.