At the Law Offices of Katie Walsh, our thoughts and prayers go out to all the families impacted by the COVID-19 pandemic. We understand that 10,030 Californians have tested positive for the deadly coronavirus that is sweeping across the United States and the entire planet. Thus far, 216 people have succumbed to the virus in California, and at least 51,485 individuals have died globally. Public health experts project that many more will fall ill, and an untold number will perish from the disease.

We hope that you are following every precaution to protect your health and safety. It’s of the utmost importance that you heed the recommendations of the U.S. Centers for Disease Control and Prevention (CDC), as well as local and state officials.

At this moment, New York has the most confirmed cases of COVID-19 and casualties. However, California Governor Gavin Newsom’s team of public health experts warn that the Golden State could see the most significant number of confirmed cases in the end.

On March 18th, 2020, Gov. Newsom wrote The White House asking for aid, and shared the projections, CNN reports. In response, the U.S.N.S Mercy was sent to the coast of Los Angeles to support local hospitals. Mercy’s sole purpose is medical in nature, and it can accommodate 1,000 hospital beds. The Mercy’s mission is not to treat COVID-19 patients. They are treating patients with other health conditions or injuries, so the hospitals have more open beds for coronavirus patients.

“We project that roughly 56 percent of our population — 25.5 million people — will be infected with the virus over an eight-week period,” wrote Gov. Newsom.

We can only hope that Newsom’s projections don’t become a reality. Even still, life as we know it, is vastly different from just a few weeks ago, including in the criminal justice system.

Orange County Superior Courts Close

California Supreme Court Chief Justice Tani Cantil-Sakauye issued an emergency order allowing courthouses across the state to close for the time being facilities to the public, KCAL 9 reports. In response, all Orange County Superior Court system courthouses closed last Monday.

The courts were to remain closed until March 30th; however, the closure was extended. Now, all court facilities in the county are closed to the PUBLIC until at least April 24th, 2020, according to One Legal. The same is true in other counties as well; all civil and criminal trials are suspended through April 16th at all 38 courthouses in Los Angeles County.

On March 27th, Superior Court of California County of Orange issued a press release which stated:

“The Orange County Superior Court is closed to the public, with minimal exceptions for time sensitive matters, or matters pertaining to the safety and security of the community.”

Given the growing number of confirmed cases throughout the state, it’s highly plausible that the criminal justice system will essentially remain at a standstill for much longer. Hopefully, if Californians follow the public health protocols, we will be able to flatten the curve of new cases and save countless lives.

Orange County Juvenile Defense Attorney

We hope everyone stays healthy and safe across the state and beyond. Please contact the Law Offices of Katie Walsh if your son or daughter is encountering legal troubles. Attorney Walsh has the experience to advocate for your family and help bring about a favorable outcome. Should you have any questions about a pending case, please visit our COVID-19 page.

In 2011, a landmark U.S. Supreme Court decision in Miller v. Alabama led California lawmakers to pass legislation that would give prisoners convicted as youths a second chance. One such individual is William Palmer, who at the age of 17 held an off-duty police officer at gunpoint demanding money. The Marshall Project recently examined Palmer’s case.

As a minor, Mr. Palmer ordered the off-duty officer to go to an ATM to withdraw cash. However, the victim was also armed and managed to fire a salvo of bullets at the perpetrator. Palmer was wounded in the knee and eventually apprehended.

The year was 1988, and it was a time when several states were simultaneously passing ‘tough on crime’ laws. As such, someone like Palmer could receive a life sentence for attempted armed robbery. The judge presiding over Palmer’s case decided to hand down a life sentence with the possibility of parole, according to the exposé. However, all of Palmer’s attempts to be released from prison were rejected by the parole board; Mr. Palmer was denied on ten separate occasions over the years.

Palmer was finally released from prison after filing an appeal, but he is not in the clear yet. His case is poised to go before the California Supreme Court.

The Supreme Court’s Decision Could Impact Thousands of Prisoners

Palmer was expelled from school in 10th grade and left home at 16, according to the article. There is a growing body of research that suggests that the decisions people make as young people are not a predictor of a life of crime — Mr. Palmer’s attorneys plan to cite those types of studies before the Supreme Court.

While in prison, Palmer did have a few minor infractions that may have influenced the parole board’s repeated rejections. However, Palmer’s time behind bars was not wasted; he earned a GED and an associate degree, the article reports. What’s more, he took part in programs to help him better understand the impact of his crimes.

The issue at hand, the California Supreme Court must decide whether the parole board took Palmer’s youth into account when they rejected his release. The Court of Appeal found that the parole board had not considered his age at the time of his crime and ordered the parole board to conduct another hearing which led to his release.

However, the California Attorney General’s Office asked the Supreme Court to review the case. If the justices side with Palmer, it could lay out a path to release for other young offenders serving lengthy sentences. If he loses, it’s back to prison, and Palmer will have to go before the board once again.

“I hope it means more people will see freedom earlier for things they did when they were children,” said Megan Havstad, Palmer’s lawyer.

California Juvenile Law Attorney

Please reach out to The Law Offices of Katie Walsh if your son or daughter requires legal assistance. Attorney Walsh has significant experience advocating for young people and their families. We invite you to request a free consultation to learn more about how we can help you during this difficult time.

In May, we wrote about the First District Court of Appeal in San Francisco rejecting Solano County’s challenge to Senate Bill 1391. At the time, we pointed out that California counties would likely continue to take issue with this controversial piece of legislation.

For those who don’t know, SB 1391 bars prosecutors from trying 14- and 15-year-olds as adults. The bill is part of a broad effort across the state to place a greater emphasis on rehabilitation for young people on the wrong side of the law.

Last week, advocates of SB 1391 received another victory when a state appeals court in Sacramento ruled the law is constitutional, The Sacramento Bee reports. The bill is meant to serve as an extension of the reforms laid out in 2016’s Proposition 57.

Naturally, many prosecutors across the state are unhappy with last Wednesday’s ruling. District attorneys and victim families are some of SB 1391’s staunchest opponents.

Next Stop, The California Supreme Court

“Senate Bill 1391 does not conflict with Proposition 57, but advances its stated intent and purpose to reduce the number of youths to be tried in adult court, reduce the number of incarcerated persons in state prisons, and emphasize rehabilitation for juveniles,” the appellate court wrote.

The decisions, in San Francisco last month and in Sacramento a week ago, to support the new legislation all but guarantees that the California Supreme Court will take up the matter. Much is at stake for both young defendants and the families who would like to see justice for their loved ones.

“We have received the Court of Appeal’s decision and we are considering the option of further appellate relief,” said Sacramento County Assistant Chief Deputy District Attorney Rod Norgaard.

Before Prop. 57, prosecutors were permitted to charge 14- and 15-year-olds as adults in severe cases. Being tried in adult criminal court and being found guilty carries much longer sentences than what is handed down in juvenile court. SB 1391 prevents moving youths under 16 to adult court.

At the Law Offices of Katie Walsh, we will continue to follow this remarkable story as it develops.

Southern California Juvenile Defense Attorney

Attorney Katie Walsh’s experience, both as a former prosecutor and juvenile defense attorney, makes her uniquely equipped to advocate for your loved one. Please contact us today for a free consultation and to learn more about how we can help your family. (714) 351-0178.

At The Law Offices of Katie Walsh, we are following Senate Bill 1391 developments closely. Some of our readers may remember that SB 1391 bars prosecutors from filing motions to transfer youths under 16 to adult court. In a previous post, we wrote about how some district attorneys believe the legislation is unconstitutional.

Solano County prosecutors, for instance, challenged the new law signed by former Gov. Jerry Brown. They argued that SB 1391 violated a 2016 ballot measure permitting juvenile-court judges to send youths’ cases to adult criminal court, according to the San Francisco Chronicle. Solano County isn’t alone; several other counties are challenging the new law as well.

This month, the First District Court of Appeal in San Francisco rejected Solano County’s challenge, upholding the law, the article reports. The decision is a victory for juvenile justice advocates, but the issue is far from settled. It is likely that the California Supreme Court will have the final say in the matter ultimately.

Boiling Down SB 1391

In 2000, a ballot measure was passed allowing district attorneys to bring charges against 14-year-olds in adult criminal court for “serious” crimes. DAs had full discretionary power in deciding which youths got transferred. They did not require permission from judges.

Proposition 57 repealed the ballot measure in 2016, according to the article. The change meant that DAs wishing to transfer youths to adult court had to seek a transfer from a juvenile court judge first. Judges would then weigh several factors before deciding to allow or deny a transfer.

SB1391 put a stop to all attempts to move youths under 16 to adult court. The bill prohibits the transfer of 14- and 15-year-old offenders to adult criminal court in nearly all circumstances. The First District Court of Appeal in San Francisco decided that SB 1391 does not conflict with Prop. 57. Moreover, Justice Alison Tucher said that SB1391 “is consistent with and furthers Proposition 57’s goal of emphasizing rehabilitation.”

The appeals court ruling was unanimous, 3-0. Justice Turner writes:

“SB 1391 takes Proposition 57’s goal of promoting juvenile rehabilitation one step further by ensuring that almost all who commit crimes at the age of 14 or 15 will be processed through the juvenile system.”

The district attorney’s office could appeal the decision to the state Supreme Court. We will continue to monitor SB 1391 in the coming months.

Orange County, CA Juvenile Criminal Attorney

Please contact The Law Offices of Katie Walsh to learn how we can help your son or daughter. Attorney Walsh has the experience to advocate for your family and help bring about the best possible outcome. We understand that choosing the right firm to defend your child is not a simple task, but it is vital that families opt for one that is seasoned in juvenile court.

Katie Walsh is a former district attorney and a juvenile defense specialist. She is uniquely equipped to help young people overcome legal troubles. Please reach out to us today for a free consultation. (714) 351-0178.

In 2016, we covered the important topic of California Proposition 57 and its implications regarding juvenile law. Considering the fact that many young people do not fully understand the consequences of their actions, voters across the state approved the passing of Prop 57. The law takes the power of deciding which minors are tried in adult court out of the hands of prosecutors; instead, under the new legislation discretion is given to judges to determine in which court teenagers belong.

It was still unclear at the time of Proposition 57’s approval and signing into state law how it would affect minors who were already looking at standing trial in adult court. Would the new law be retroactive for the thousands of minors who were awaiting trial in adult court in November of 2016? A decision was reached regarding such individuals; on February 1, 2018, the California Supreme Court broadly expanded the scope of Prop. 57, according to U.S. News & World Report. The highest court in the state ruled that the law applies to pending cases at the time of the vote.

A Chance for Rehabilitation

The adult criminal justice system is a far cry from the juvenile court regarding punishment. Minors convicted of a crime in such cases can expect much stiffer sentences. The Supreme Court’s decision brings with it new hope for young people across the state. Please keep in mind that the law isn’t any guarantee that a juvenile will escape adult court, just that they are entitled to a special hearing to decide if the higher adult court is warranted.

“While a person convicted of serious crimes in adult court can be punished by a long prison sentence, juveniles are generally treated quite differently, with rehabilitation as the goal,” said Associate Justice Ming Chin, writing for the state Supreme Court. “The possibility of being treated as a juvenile in juvenile court — where rehabilitation is the goal — rather than being tried and sentenced as an adult can result in dramatically different and more lenient treatment.”

The Supreme Court also decided that Prop. 57 should even apply to youths appealing their convictions, according to the article. Beyond juvenile law, Proposition 57 allows adult felons the ability to try to obtain parole faster. California corrections officials have more discretion than before in regard to granting early release credits.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in defending juvenile offenders in California. Please contact our office if your juvenile son or daughter is facing criminal charges. Having the right defense attorney in your corner can make a significant difference; we can help you achieve the best possible outcome for your child.