When Can Juveniles Be Tried as Adults in California?

Dec 7, 2017

While children may want to grow up and presume they know what it means to be an adult, society understands they need additional protection due to their immature stage of cognitive development. This includes the recognition that children may not understand the consequences of their actions, and thus should not be held to the same level of responsibility or subject to the same punishments as adults.

Under Proposition 57, all child crimes which go to court will start in juvenile court. Only if the judge believes the crime is that of a higher threshold will it be transferred to the adult criminal system. However, State Bill 1391 says minors aged 14 and 15 cannot be tried as an adult. Due to this law, children aged 14 or 15 who were sent to the adult system have been consistently sent back to the juvenile court. The position of each of these laws puts minors that are 14 or 15 at odds and there are some questions about if they can be tried as adults when they have committed heinous crimes.

This confusion over how to try 14 and 15-year-olds has led the state to wait on the judgment of the California Supreme Court. There are five cases where juveniles were sent by judges to the adult system and the supreme court will examine them in 2020 to make a determination on how to proceed. Four of these cases had appellate courts rule that there is no violation between SB 1391 and Prop 57.

However, though stakes may seem smaller, an experienced criminal defense attorney should still be contacted if potential legal issues arise, especially if criminal charges are pending. The vast majority of criminal offenses committed by juveniles are handled in the juvenile justice system, which seeks to rehabilitate young offenders instead of the retribution extracted in the adult criminal justice system. However, for serious offenses, a minor can be and sometimes is required to be, tried in the adult system.

A teenager recently arrested in Riverside claims to have molested up to 50 children over the past eight years, starting at age 10. Certainly, this case represents an extreme example of a young offender potentially facing serious consequences, but still raises the question of when a court would consider transferring a minor to the adult system. A discussion of the analysis used to make this decision follows below.

What is the Juvenile Justice System in California?

The main difference between the juvenile and adult legal systems lies in the outcomes each aims to achieve. The juvenile system is focused on education and rehabilitation, whereas the adult system is focused on punishing offenders for crimes. Because the outcomes are so different, the processes are not the same.

First, minors in the juvenile system are not entitled to a jury trial, unlike in adult court. The juvenile court judge or commission decides guilt or innocence, but, just as in the adult system, the prosecutor is required to prove guilt beyond a reasonable doubt.

Further, there is no bail in juvenile court, so retaining an experienced criminal defense attorney is crucial to obtaining the minor’s release. When it comes to sentencing, the most crucial aspect of any criminal case, the potential options are different for minors.

In cases with less serious crimes, probation may be imposed, and the typical conditions include:

• regular school attendance;
• following a curfew;
• working with a counselor;
• performing community service; or
• paying restitution to a victim.

More serious offenses could result in a sentence of time in a probation camp, foster or group homes, the California Division of Juvenile Justice (prison for minors), or juvenile hall. Importantly, once a minor turns 18, and assuming the juvenile case is closed, it is possible to petition for the records to be sealed or destroyed, which is crucial to moving into adulthood with a clean slate.

When Minors Can Be Tried as an Adult?

The law does not want to hold minors to the same standard as adults, and specifically prohibits prosecuting any minor under the age of 14 as an adult.

However, for those that fall within the window of 14 to 17, it is possible to be prosecuted as an adult in the following circumstances:

• the prosecutor exercises his/her discretion to directly file criminal charges in the adult court;
• the prosecutor petitions the juvenile court for a fitness hearing, and if found unfit for juvenile rehabilitation, the minor may be transferred to the adult system; or
• the minor is alleged to have committed an offense that automatically requires adult prosecution.

Fitness Hearing to Transfer Juvenile Cases to Adult Court

Once a minor reaches the age of 14, a prosecutor has the option, in certain circumstances, of petitioning the juvenile court for a fitness hearing to determine if the minor would benefit from the rehabilitation offered by the juvenile justice system.

Specifically, this legal option is available to a prosecutor if:

• the minor is 16 or older and accused of any crime;
• the minor is 16 or older and is alleged to have committed a felony previously used to make him/her a ward of the court, and was found to have committed two or more felonies since the age of 14. A presumption of unfitness arises in these cases that must be rebutted to avoid transfer to the adult system; or
• the minor is 14 or older and accused of certain violent offenses, such as murder, rape, kidnapping, or robbery, that specifically applies a presumption of unfitness for the juvenile process.

When courts assess whether to find a minor fit or unfit, the judge examines five criteria:

• the degree of criminal sophistication exhibited by the minor;
• whether the minor can be rehabilitated in the juvenile system before the juvenile court’s jurisdiction expires (age 25);
• the minor’s previous history in the juvenile system;
• the success of any earlier attempts to rehabilitate the minor; and
• the circumstances and seriousness of the alleged crime against the minor.

The court is also permitted to consider mitigating or extenuating factors, like the minor’s mental state at the time of the alleged offense, when evaluating fitness. Basically, the minor needs to show that he/she and society would be better served by rehabilitation in the juvenile system versus punishment in the adult system.

What Crimes Can Qualify for Prosecution as an Adult in California?

Any of the following crimes could lead to a minor being charged as an adult if it has been determined that the minor is ineligible for juvenile court and rehabilitation programs:

• Murder and attempted murder.
• Arson is occupied by people or where a person sustains great harm.
• Robbery
• Aggressive and forceful rape.
• Aggressive and forceful sodomy.
• Aggressive and forceful lewd act on a young child under the age of 14.
• Aggressive and forceful oral copulation.
• Forcing sexual penetration on another person.
• Kidnapping for ransom, to commit a sexual assault, a robbery, or in association with hurting another person.
• Assault with a weapon or firearm.
• Forceful and aggressive assault that could substantially harm another party.
• Shooting a gun into a building that has people inside.
• Assaulting a person that is over 60 years of age or disabled.
• Using a gun while committing a violent crime.
• Bribing a witness or intimating a witness.
• Making, manufacturing, or selling specific controlled substances
• Violent gang activity.
• Escaping a juvenile facility with force and violence.
• Torture
• Carjacking
• Aggravated mayhem
• Drive-by shooting
• Willful manslaughter
• Making an exploding device to kill others.

The following crimes will automatically result in a child that is at least 14  years of age to be tried as an adult:

• If a prosecutor claims the minor was the person who murdered a victim.
• When the prosecutor says that various types of violent sex offenses were committed by the minor personally.

Being tried in the adult criminal justice system means a minor is vulnerable to increased penalties and much harsher punishments. In the adult system, a minor is going to be tried the same way that other adults are and be handed the same types of sentences, including life in prison.

The only fate that a minor will not be subject to is death.

What Are The Difference Between Being Tried In The Juvenile System Versus The Adult System?

The major difference is the severity of punitive actions. In the adult system, juveniles will have much tougher punishments and outcomes versus those in the juvenile system. When children are tried in the adult system and sentenced to jail, they are transferred into the adult prison system. Studies and statistics show that when a young person is sent to serve their time in the adult system they are more vulnerable to becoming career criminals. This is in large part because they are not being exposed to reform programs offered in the juvenile system.

California’s history of dealing with criminal children was to not allow any youngster under the age of 16 to be tried as an adult. That changed in 1994. Young people aged 14 are now subject to be charged with major felonies including murder or rape. But when SB 1391 was passed, the goal was to increase the minimum age for juveniles back to 16 in order to be tried as adults.

Opposition to SB 1391 says that particularly outrageous crimes committed by youngsters will not be treated with the severity that they require. This means that victims of crimes committed by young people won’t see their full legal justice for the damages and suffering they had to endure.

Speak with a Los Angeles Criminal Defense Attorney Today

Criminal proceedings as a minor may seem relatively benign compared with the adult system, but they can have long-term consequences that should not be taken lightly. An experienced criminal defense attorney can provide the counsel and representation needed to protect your child’s rights and fight for disposition in the juvenile justice system, where children belong.

Manshoory Law Group, APC represents clients in juvenile cases and will work to get the best possible outcome. Attorneys are available 24/7 to take your call. Contact the Los Angeles law firm for a free consultation.

California Added a New Sex Offense to the Penal Code

Oct 23, 2017

A criminal conviction is a black mark that can follow a person for the rest of his/her life, especially if the conviction is related to a sex offense. California has a long list of crimes that it designates under this category, and imposes particularly onerous and long-lasting punishments with the thought of making examples of these individuals.

Having an experienced and dedicated criminal defense attorney to argue against charges of this kind is the only realistic way a defendant will escape legal consequences. Making this task a little harder, Governor Brown signed a new law earlier this month that adds another offense to the list of sex crimes a person may face. The law is related to a type of sexual coercion that adults use to intimidate teenagers into complying with sexual demands.

A discussion of this new offense, and methods of defending against sex crime charges generally, will follow below.

Sexual Extortion

Extortion is traditionally associated with using force or the threat of force to wrongfully obtain possession of the property, usually money. Joining four other states in attempting to regulate conduct on the internet, California passed a new law that includes blackmailing someone with the threat of the publication of explicit images to entice the transfer of more explicit images or sexual acts.

This new law is in response to a perceived threat of adults posing as teenagers online in order to acquire explicit images. Note that this new offense is only for adults engaging in this type of activity, and not other minors. This is a felony offense punishable by up to four years in prison and goes into effect in January.

Defenses to Sex Crimes

An experienced criminal defense attorney will know how to assert convincing defenses throughout the criminal process, and not just during the trial. Both before trial and after a conviction, an attorney has opportunities to affect the ultimate outcome, and deciding when and how to fight charges will depend on the circumstances of each case.

In the pretrial phase, a defense attorney can file a motion to have evidence suppressed, which can be fatal to the government’s argument is granted. Further, he/she could also convince the prosecutor the case is too weak to bring to trial or the defendant is innocent, with either situation resulting in a dismissal. Additionally, it may be possible to plea to a lesser charge to avoid jail time or registration as a sex offender.

During the trial, prosecutors are required to prove certain factors before a jury can convict, and a criminal defense attorney can poke holes in the government’s argument, or bring the veracity of key testimony into doubt. If enough uncertainty is introduced into the prosecutor’s claims, the jury could return a not guilty verdict. Finally, if a conviction is an outcome, a defendant can argue for a more lenient sentence based on the existence of mitigating factors.

Some examples include:

• the mistaken belief the conduct was legal;
• no prior or minimal criminal history;
• early acknowledgment of wrongdoing;
• restitution made to the victim; and/or
• prior satisfactory completion of probation or parole.

Hire a Criminal Defense Attorney

A criminal conviction could alter the course of your life, so do not enter into the criminal system without an experienced criminal defense attorney at your side. The Los Angeles Manshoory Law Group, APC knows how overwhelming criminal charges can be and will fight to ensure you receive the best possible result.

Attorneys are available 24/7 to take your call. Contact us for a free consultation.

New Law Helps Juvenile Offenders Escape Lifetime Consequences

Oct 16, 2017

Making mistakes is part of being young, as trying and failing is the only way to learn. However, when youthful mistakes involve criminal charges, the consequences may last for a lifetime. Whenever criminal charges are on the line, working with an experienced criminal defense attorney that will take the time to investigate and build a strong defense to combat these allegations is crucial.

Juvenile convictions can be especially hard on both the defendant and his/her family as they are often forced to foot the bill for many of the punishments imposed by the court. Lawmakers recognized the unfair burden this system placed on many families, and passed a number of bills as part of a general criminal system reform package, recently signed into law by the governor, that will relax punishments and fines for juvenile offenses.

A brief overview of some of the new changes that will directly impact how juveniles are treated in the criminal system will follow below.

How to “Seal Juvenile Records” in California?

One of the harsher realities of juvenile offenses is having that mark on one’s criminal record for a lifetime. Under the new law, the situations when a juvenile’s record must be sealed now include:

• when a petition is dismissed, though prosecutors have six months to request access to the records for the purpose of re-filing the petition based upon new circumstances; and
• when a juvenile successfully completes a diversion or supervision program. If the probation office refuses to seal the record based upon claims the juvenile did not stay in compliance with the program’s requirements, he/she can petition to seal the record by proving successful completion did occur.

In addition, a companion law will permit courts to seal records of juveniles adjudicated for serious and violent offenses after the age of 14 if the charges were later reduced to a misdemeanor.

What is a Youth Offender Parole Process?

Defendants sentenced to life in prison or for a substantial number of years before the age of 23 are subject to a different parole process due to the young age when they were incarcerated. Under the new law, the youth offender parole process is extended to individuals 25 years or younger and sets dates by which these hearings would need to occur for the new group of individuals now eligible for this program.

California Expungement Fees and Costs

When a minor is deemed to be a ward of the state due to criminal activity, the family is expected to cover many of the costs associated with monitoring and housing their children.

Under the new law, families would no longer be responsible for the following expenses:

• application and administrative fees for enrollment in a home detention program, routinely offered in lieu of jail time;
• drug testing for those under 21; and
• costs for transportation to a juvenile facility or institution and for housing, food, and care.

Consultation With an Attorney

Police have the authority to take minors into custody if they suspect they were involved in criminal activity, and while law enforcement is required to advise a minor of his/her rights prior to questioning, there are often significant concerns around a minor’s ability to understand the importance of these rights or how to assert them.

A new law seeks to address the problem by requiring juveniles 15 years old and younger to consult with an attorney before they may be questioned or waive any right. The consultation cannot be waived, and failure to provide an opportunity to communicate with an attorney would impact admissibility in a criminal proceeding of any statement made.

Hire a Criminal Defense Attorney

Protecting your rights in the face of criminal charges is the number one priority of people accused of a crime, but this protection is even more important when the person accused is a child. The long-term implications are very serious, and an experienced criminal defense attorney is critical to limiting or eliminating the possible effects of a conviction.

The Manshoory Law Group, APC represents clients in the Los Angeles area, including juvenile offenses, and knows how to create a tailored approach to get you the best possible result.

Attorneys are available 24/7 to take your call. Contact us today for a free consultation.

How to Beat Possession of Stolen Property Charge in California

Sep 19, 2017

Possession of Stolen Property

While there are signs the economy in the U.S. is continuing to slowly improve from the fallout of the 2008 recession, there are still a lot of people struggling to find decent and steady work. Unfortunately, the need to buy items does not go away. Therefore, it may not be feasible to make purchases from a department store, and people may instead turn to online bulletin boards and/or neighbors to find items they need.

The risk of buying things from non-traditional sources is that the items may be stolen, leaving the purchaser facing charges for possession of stolen items if discovered by police. Anyone facing criminal charges for any offense needs to hire an experienced criminal defense attorney to represent them in court and in dealings with the prosecutor. This is especially true with stolen property-related charges because there are a number of defenses the accused can present to win an acquittal.

A man in the San Bernardino area was recently arrested for possession of the stolen property when police discovered him with a collection of tools previously reported missing after a burglary several weeks earlier. Given how easily and unintentionally a person could come into possession of stolen items, understanding what qualifies as a crime in California and the possible defenses to such charges is useful information to have, and will be discussed below.

What are the Penalties for Possession of the Stolen Property in California

The technical name of this offense is “receiving stolen property”, and the prosecutor must prove three important elements in order to find a person guilty:

1. First, the individual must buy, conceal, sell, withhold or receive property (or actively aid someone to keep the property from the owner) that was unlawfully taken as part of a theft or extortion offense.
2. Second, the person must know that the property was in fact stolen.
3. Third, the person knew the property was in his/her possession.

If the property is valued at $950 or more, the offense is charged as a felony, and is punishable by up to three years in county jail and/or $10,000 in fines. Items worth less than $950 typically result in a misdemeanor charge, which brings a possible sentence of up to one year in county jail.

However, a misdemeanor can be elevated to a felony depending on the criminal history of the accused and the circumstances of the alleged offense.

How to Beat Possession of Stolen Property Charge

There are three main defenses a criminal defense attorney can present to combat possession of stolen property charges.

• The first is the accused either unknowingly or lacked actual knowledge that the item was stolen. The crime requires the offender to know the merchandise was stolen, so the absence of this information would allow the defense attorney to argue the accused is not guilty. Further, if there were no indications on an item that would indicate it was stolen, such as scratched-out serial numbers, there is an argument a reasonable person would have no reason to suspect a theft was involved.
• The second defense involved innocent intent. If the accused planned to return the property to the rightful owner or surrender it to law enforcement when it was received, the charges would be dismissed if a judge or jury believed this argument. Note that if the accused initially planned to return the property when it was received, but later decided to keep or sell it, this defense is not applicable.
• Finally, in order to be guilty of this crime, the person must actually have possession of the stolen item. Possession requires the accused to know about the existence of the property and to take steps to bring it into his/her care. Thus, if someone placed the stolen property in the car or home of another without their knowledge, there is no possession, and thus, no crime.

It Is Time to Start Fighting Back

If you have been accused of any crime, the best thing you can do to protect your rights is to contact and hire a criminal defense lawyer as soon as possible.

Manshoory Law Group, APC represents clients throughout the Los Angeles area in criminal law cases and will fight to obtain the best possible result in your case. Attorneys are available 24/7, so contact us today for a free consultation.