AB2408 would prohibit Juvenile Judges and Juvenile Prosecutors from allowing minors who admit to committing an egregious sex crime into the “deferred entry judgment” program.

Under Welfare and Institutions Code section 790, children accused of certain offenses may qualify to participate in deferred entry of judgment if they are both legally eligible and suitable. Upon completion of the program which last from one to three years, the child gets the benefit of having his case dismissed and his record sealed.

According to its author, AB2408 would prohibit Juvenile Judges and Juvenile Prosecutors from allowing minors who admit to committing an egregious sex crime into the deferred entry judgment program.

“AB2408 really is a lifetime glass ceiling and punishment for these kids,” stated Los Angeles Juvenile Attorney George Kita. “Many of these allegations involve situations where the alleged victim is a family member and the minor charged lacks the maturity level that adults have. It really defeats the purpose of juvenile court which is rehabilitation. Why would you tie the hands of the courts, probation and prosecutors?”

AB2410 also addresses would prohibit a victim’s home phone and address from being disclosed to a sexually violent predator and AB2409 would allow prosecutors and other state agencies to look at all prior sex crimes committed as a juvenile.

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In California, a juvenile charged with special circumstances murder who is alleged to have personally committed a homicide of the victim must be prosecuted in adult court if he or she was 14 or older at the time of the offense. Welfare & Institutions Code section 602(b)(1). Also pursuant to the United States Supreme Court case of Roper v. Simmons (2005) 543 U.S. 551, the court held that the death penalty was unconstitutional as applied to individuals who committed offense before the age of 18. A juvenile charged with certain juvenile law sex offenses must also be prosecuted in adult court if the juvenile was 14 older at the time of the alleged crime and the Juvenile Prosecutor alleged one of the circumstances stated in Penal Code section 668.61(d) or (c) (One strike law). Welfare and Institutions Code section 602(b)(2). Having an experienced Juvenile Attorney to review your child’s case is very important. When a child is prosecuted as an adult, it generally means the Juvenile Prosecutor believes the child is looking at a state prison commitment. Interestingly, the Ventura County Star newspaper reports in an article dated February 17, 2008, that juveniles tried as adults are up 170%.  The Star notes, ” proponents argue that juveniles should be punished for their crimes, but the law must take into consideration that a youngster’s brain isn’t fully developed. State Sen. Leland Yee, D-San Francisco, said that a teenager’s brain isn’t completely developed, and a teen’s impulse control, planning and critical thinking are still not yet fully matured. Yee’s spokesman, Adam Keigman, said Yee has introduced a bill to do away with sentencing juveniles to life without the possibility of parole. The bill was supposed to go to the Senate for a vote in January, but Yee postponed that action in hopes of getting the necessary two-thirds support later this year. Yee believes that a sentence of 25 years to life is fair, and it gives some hope to youngsters that, if they behave in prison, they will be eligible for parole after serving 25 years, said Keigman. There are 232 inmates in the state prison system who committed crimes as juveniles, were prosecuted as adults and sentenced to life in prison without parole, said Seth Unger, spokesman for the California Department of Corrections. Unger said he didn’t have the breakdown on how many of those inmates were convicted in Ventura County.”

 

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In California, it is quite common that police are parked nearby restaurants and bars near closing. In one case, the driver was leaving old town Pasadena and was about to make a right turn against a one way street. Before that happend, the California Highway Patrolman had ordered the client to make a left turn and pull over. The driver was ordered to exit the vehicle and ordered to take a field sobriety test. His blood alcohol was a .15 level. In court, one Los Angeles DUI Attorney was able to show that the officer had actually fabricated his testimony. As a result, the case was ordered dismissed by the Pasadena Superior Court. Therefore if you are ever stopped for a DUI, it is very important to have someone evaluate whether the traffic stopped was justified.

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When you or a loved one is in trouble with the law in the City of Los Angeles, who are you going to call? Its important to hire someone with the requisite experience to help you with your ordeal. How do you go about finding a qualified criminal attorney? One very good way is referrals. If a trusted family member or friend knows of a good criminal lawyer, listen to them and get the phone number and interview that person. You should also find out what they know about this lawyer. If they personally have had a good experience and good result with that lawyer, then that recommendation from your friend or family member is something to consider. Another good and reliable method is the internet. Many websites contain a lot of information about lawyers and their backgrounds and qualifications. I came across a Los Angeles Criminal Attorney's website that appears very qualified in this regard. Don't be afraid to ask them about their qualifications. Also find out about their policy on returning phone calls. Some lawyers are good about returning phone calls, while others are not. You should also find out what to expect during the criminal process in court. Some law firms advertise in the yellow pages. I would not go that route unless you have no other means. You really can't learn to much about a business by looking at some phone book ad. Fees depend on the qualifications and experience of the lawyer. Usually the more experienced seasoned lawyers will charge much more than some inexperienced attorney. The fee will also depend on the complexity of the case. Typically, someone accused of felony charges and facing a lot of prison time should expect to pay more than someone charged with misdemeanor counts. Fees in the criminal defense industry are generally flat fee nonrefundable contracts meaning the fee is earned upon receipt of the retainer as opposed to an hourly rate which is generally how civil lawyers bill their clients. The flat fee retainers generally help keeps fees down and more affordable because if a lawyer did more hours than expected, you still don't pay more than what your flat fee retainer says. One thing about fees is that you get what you pay for. So don't go for the cheapest lawyer. Go for the best lawyer. How to you go about choosing the lawyer? Well, I don't think its a good idea to hire a law firm that says they have 30 offices. You don't want to see the partner advertised but then get handed to some young associate. You need to find out who is going to handle your case if you do hire that particular law firm. It's a good idea to find out if they have any testimonials. How satisfied are their past clients? Finally, you need to find out about their track record. Find out if they can point to any specific cases in which they were successful. Comments are off for this post