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Juvenile Sentencing Law Changing Lives

Law Office of Katie Walsh
Juvenile Sentencing Law Changing Lives

Senate Bill 1391 is in the news once again, which probably won’t come as a surprise to our readers. The law raised the age that juvenile offenders can be tried as adults from 14 to 16. We’ve been covering this legislation since last year, when former Governor Jerry Brown signed SB 1391 into law.

The bill may not mean much to most Californians, but to young offenders and their families it is monumental. As we’ve written previously, several counties have challenged the enactment of the new law. Opponents argue that it undermines Proposition 57. Approved in 2016, Prop 57 gave judges the power to decide whether juveniles as young as 14 should be tried as adults, instead of prosecutors.

This summer, the First District Court of Appeal in San Francisco rejected Solano County’s challenge to SB 1391. The final resolution will likely come about in the California Supreme Court in the near future. In the meantime, the law is still in play. Meaning, some young offenders are now looking at far lighter sentences than they would have last year.

From 65 Years to Six

Last year, two teenagers ages 14 and 15 were both looking at a 65-years-to-life sentence for an armed robbery. Thanks to SB 1391, Elijah Hall and Anthony Torres, then ages 14 and 15, are looking at six years, being eligible for parole at age 25, according to The Desert Sun. They were arrested in 2015 and sentenced to life for a spree of armed robberies.

They are both adults now and are serving their respective sentences, but the new juvenile sentencing law could mean that they will regain freedom much sooner.

One primary opponent of the SB 1391 is the judge who ruled on September 9th that the two men would be resentenced in juvenile court. Riverside County Superior Court Judge Russell Moore included an argument in his ruling that says the new law is unconstitutional, the article reports. He contends that lawmakers did not fully appreciate the impact of the new juvenile justice law and that it undermines the will of voters who approved Prop 57. Moore writes, “the Legislature unconstitutionally pulled the rug out from the voters.”

“SB 1391 now means that juveniles 16 and older can conceivably be prosecuted in adult court for felony joyriding,” he wrote in the ruling, “while those under 16 may not be prosecuted in adult court for rape, robbery, kidnapping, and murder.”

Two weeks ago, at the Indio Juvenile Courthouse, Judge Elizabeth Tucker ruled Hall and Torres will be resentenced to time in California’s Division of Juvenile Justice rather than the state’s prison system, according to the article. Her decision is per the new juvenile sentencing law.

Time will tell how the Supreme Court decides on this controversial bill. Inmates like Tucker and Hall may not walk out of the woods yet. We will continue to follow this remarkable story as it develops.

Orange County Juvenile Justice Attorney

If your son or daughter is facing criminal charges or school expulsion, then please contact The Law Offices of Katie Walsh. With experience as a prosecutor and defense lawyer, attorney Walsh has a unique understanding of the juvenile justice system. She has the experience and know-how to advocate for your family successfully. We invite you to reach out today for a free consultation. (714) 619-9355.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester...

AR- parent of minor client

I hired Katie Walsh to have my felony convictions expunged. She was able to expunge my record within 6 weeks of me giving her all the information. Even though technically I had a probation violation, and therefore the...

AR, criminal client

My 16 year old son was charged with possession of Marijuana, HS 11357(b). I was very concerned about what would happen to him and how this would affect his future. I contacted Ms. Walsh and she assured me that everything...

CT, parent of juvenile client

My child was charged with Felony Penal Code 597(a)- Animal Cruelty. After hiring Katie Walsh, she got the charges reduced to a misdemeanor, counseling, and 40 hours of chores at home. We come back in 6 months and the...

DH - Parent of Juvenile client

I hired Katie Walsh to represent my son on sexual abuse allegations- P.C. 288(a) and P.C. 288(b)- they were Strike Charges. After negotiating with the D.A., she got all the strike charges dismissed, and got my son...

DR- mother of juvenile client

Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and...

EG, parent of juvenile client

My 14 year old son was arrested at school for P.C. 311 (child pornography). My son had innocent and stupid nude pictures of himself and friends on his phone. Ms. Walsh was extremely easy to talk to, and made my son feel...

GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the...

HA, mother of 13 year old Victim Rights client

I hired Katie Walsh to seal my juvenile record of PC 288(a) (lewd act on a minor), after my request had been denied by a Judge and by the Probation Department. After speaking with Probation, the DA and the Judge at a...

JW, former juvenile client

I was charged with a Felony Conspiracy charge- PC 182. After hiring Ms. Walsh she got my charged reduced to a misdemeanor right away, and now I just have to do community service and in 6 months my entire case will be...

KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable...

RG

My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal...

RS

My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though...

XL, juvenile client

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