At the Law Offices of Katie Walsh, we’d like to share our deepest condolences to the families of the 74,188 Americans who have succumbed to COVID-19. We will continue to keep all the infected in the United States – some 1,232,470 – in our thoughts and prayers.

While some headway has been made in containing the coronavirus and flattening the curve through social distancing and sheltering in place, the numbers continue to increase each day exponentially. Nearly four million global citizens (3,784,563) have tested positive for the virus, and 265,294 people have died as of May 7 at 9:54 a.m.

We encourage all Californians and every American to heed the recommendations of public health experts to prevent the spread of the virus. The Centers for Disease Control and Prevention (CDC) have proven effective: regular hand washing and sanitizing, the use of personal protective equipment like face masks, and self-quarantining if you fall ill.

As you are well aware, COVID-19 has altered the trajectory of every person’s life. During the “Great Recession” of 2008, in the worst month, 800,000 Americans lost their jobs. In April 2020, more than 20 million people lost their jobs.

In the last seven-weeks, 33.5 million people have filed for unemployment.

Employment, naturally, is only one of the myriad things that have changed since the coronavirus spread across the United States. Both the criminal justice and juvenile justice system have been impacted too.

Preventing the Spread in Juvenile Halls and Camps

In the criminal justice and juvenile justice system, inmates and detainees are at severe risk of contracting and spreading coronavirus. In the last week of April, at least 82 people housed in Orange County jails and three guards tested positive for COVID-19, according to Patch. As such, there has been a push to release low-level offenders on house arrests to reduce the population.

Zero-dollar bail has been instituted for people charged with misdemeanors and low-level felonies, again to keep the jail census low.

In Los Angeles County, a significant number of youth offenders were released from county-run juvenile halls and camps towards the end of last month, The Chronicle of Social Change reports. However, a significant number of youths remained locked up despite having committed minor infractions. L.A. County District Attorney Jackie Lacey reports that forty-four percent of juveniles who are still detained committed low-level and non-violent offenses—most awaiting a court hearing.

“The fact that we are detaining 44 percent of youth in the juvenile halls for something relatively minor is a misuse of our resources, a violation of the tenets of the juvenile justice system, and, I would argue, the Constitution, too,” said Patricia Soung, the director of youth justice policy with Children’s Defense Fund-California.

The goal of releasing youths was to prevent disease transmission. However, there are fears that the move hasn’t gone far enough. Evidence shows that hundreds of teens charged with “non-serious or minor offenses” remain in custody. The D.A.’s office stated that:

“A juvenile court must decide that the home is a safer place for the minor than further detention.”

Southern California Juvenile Justice Attorney

The Law Offices of Katie Walsh can assist your child or loved one if they were arrested and charged with a crime. Attorney Walsh has the expertise to effectively advocate for your family and help you achieve a favorable outcome. Please reach out to us today for a consultation (714) 351-0178.

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.

Keeping young people away from the juvenile justice and adult criminal justice system is of the utmost importance. People who get into trouble with the law at a young age are at significant risk of having run-ins in the future. Young people – more often than not – do not understand that their choices can have a lasting impact on the course of their life. Education is one of the most effective ways of deterring young people from making risky decisions and helping them stay on track.

Across the country and in California, there exist outreach programs designed to enlighten young people about what can happen if they break the law, i.e., expulsion, probation, and juvenile detention. However, the people who run such programs often use fear tactics to keep young people on the straight and narrow. But, as any parent knows, adolescents are stubborn and will usually do the exact opposite of what they are told. It’s likely that many of you have heard or read about “Scared Straight.”

The ‘Scared Straight’ program targets juvenile delinquents or children at risk for criminal behavior and brings them to see the inside of a prison, according to the U.S. National Library of Medicine. The goal is that when young people understand what life is like on the “inside,” they will be deterred from future offenses. However, there is a large body of research that calls into question the efficacy of scaring children into obedience and compliance.

Law and Leadership Academy

Toward the end of July, prosecutors working within the Riverside District Attorney’s Crime Prevention Unit held a 5-day program to raise awareness about what happens within the criminal justice system, Desert Sun reports. The Law and Leadership Academy, created by Amy McKenzie in 2016, takes a different approach than Scared Straight to prevent youth crime. Instead of singling out kids who are at risk of trouble, school counselors choose students who will participate in the program because they have expressed an interest in law enforcement. McKenzie believes crime prevention can be achieved through education and community outreach.

“Community outreach and crime prevention go hand-in-hand. We feel the more transparent our office is to the community and the more we get our message out there helps deter crime,” said McKenzie.

The Center for Juvenile and Criminal Justice reports that the felony arrest rate for youth ages 10-17 was 271 per 100,000 in Riverside County in 2016. The Department of Juvenile Justice reports that within three-years, 74 percent of youth arrested in California are rearrested.

Prosecutors Mike Tripp and Hawlee Valente say that the academy is about more than getting young people excited about careers in the field of criminal justice. The goal is that participants will share their newfound wisdom with their peers back in school.

“Our hope is that they act as little ambassadors. Because not everyone gets to do this; there are adults who never get to see the inner-workings of the criminal justice system. They take this back to their school and back to their family and they get a completely different view,” Tripp said.

Juvenile Defense Attorney

Please contact The Law Offices Katie Walsh if your son or daughter is facing legal troubles. Attorney Walsh has extensive experience if the field of juvenile justice and will advocate for your family to achieve the best possible outcome.