If you have a juvenile record in California, you should know that it is open to the public. This documentation includes all the information about criminal activity you were allegedly involved with before you turned 18, including arrest and probation reports and court findings and rulings.

Having a juvenile record can make it exponentially more challenging for young adults to successfully find meaningful employment, apply for a bank loan, get a driver’s license, rent an apartment or get accepted into school. Fortunately, having a case sealed makes it as if it never happened. Here’s what you need to know about the process of sealing juvenile records in California.

What Happens to Your Record Once You Turn 18?

Many people assume that a juvenile record immediately turns into a non-issue once they become legal adults. However, that’s not the case in California, where the court does not automatically seal juvenile records. That means your record will remain available for anyone to access unless you proactively seek out a judicial order to have it sealed.

There are multiple advantages to sealing your juvenile record, most notably that doing so will give you a fresh start – from that point on, no one will know about it. If anyone asks you if you’ve been arrested or if you have a criminal record, you can truthfully and confidently answer “no.”

Eligibility Requirements

Not everyone is eligible to petition to have their juvenile records sealed – there are some notable exceptions. For instance, some violent crimes such as murder, assault, robbery and carjacking are typically unsealable, depending on your age at the time of the offense.

If you apply for a job with a law enforcement agency, your record might be also visible to them when they run a background check on you.

You are eligible to have your juvenile records sealed if you are older than 18, or if at least five years have passed since your most recent arrest or discharge from probation. You must also be able to prove to the court that you have been rehabilitated, and there must not be any pending litigation resulting from any of the crimes on your juvenile record. Additionally, you can’t have been convicted of a misdemeanor or felony for crimes involving “moral turpitude,” such as voluntary manslaughter or rape.

Protect Your Future

While the process of applying to have a juvenile record sealed can help empower young adults by giving them new insights into the justice system, it’s best to have reliable legal representation to ensure a former juvenile offender can enter adulthood with a clean slate. As a former prosecutor, Katie Walsh has handled thousands of juvenile cases, making her one of the most experienced attorneys in these matters.

When the Law Offices of Katie Walsh represents your legal defense, we will help you file a record-sealing petition. Together, you and your attorney will attend the court hearing that determines the petition outcome. Once a judge decides to seal a juvenile record, all related information will get destroyed after five years, allowing you to make a fresh start with your adult life. Contact us today for your free consultation.

A young man who was convicted of a 2009 murder, and who has since initiated a series of appeals and petitions for review, will have a new hearing to determine whether he was properly tried as an adult, rather than as a juvenile. The California Appeals Court has determined that the man sentenced to 90 years in prison when he was a teen is now entitled to a new hearing.

The Story

In June 2009, Harquan Johnson, who was 17 at the time, and his friend, KeAndre Windfield, then 18 years old, were involved in a series of arguments that turned into a violent dispute. After much back and forth between various individuals, Johnson and Windfield shot two people, one of which was Montoyea Smith, who died from his gunshot wounds.

Johnson and Windfield were convicted of one count of murder and one count of attempted murder each, in addition to assault with a semi-automatic firearm. There were also gun discharge and gang enhancement allegations involved in the murder and attempted murder counts. Johnson and Windfield were each sentenced to 90 years to life as a result of their convictions.

A New Hearing

The Court of Appeal of the state of California held, in a ruling filed on January 4, that Johnson is entitled to a hearing to determine whether he should have been tried as an adult or as a juvenile, since he was 17 when he committed the crime. The court referenced Proposition 57, passed in 2016, which decided that the judge and not the prosecutor is required to determine whether juveniles charged with certain crimes should be tried in juvenile or adult court.

Additionally, and particularly important in Johnson’s case, the court ruled that the law can be applied retroactively. The appeals court also stated that courts can conduct hearings to determine whether past transfers of juveniles to adult court were proper.

Proposition 57

Known as the “Public Safety and Rehabilitation Act of 2016,” Proposition 57 made changes to the State Constitution to increase the number of inmates eligible for parole consideration and authorized California Department of Corrections and Rehabilitation (CDCR) to award sentencing credits to inmates.

The measure also made changes to state law to require that youths have a hearing in juvenile court before they can be transferred to adult court. The measure stated that juvenile court judges shall make determination, upon prosecutor motion, whether juveniles age 14 and older should be prosecuted and sentenced as adults for specified offenses.

The Court’s Discussion

In the court’s ruling granting Johnson a new hearing, they said that in their original opinion, they had commented that there was no sentencing memorandum submitted by counsel for Johnson, the probation report contained scant information about Johnson personally, and neither counsel for Johnson nor the sentencing court addressed this topic of youth factors during sentencing.

The Appeals Court concluded that, having been charged in adult court as a juvenile, Johnson is entitled to an opportunity to make a record of mitigating evidence tied to his youth. The court’s decision also stated that, in conducting the transfer hearing, the juvenile court shall treat the matter as though the prosecutor had originally filed a juvenile petition in juvenile court and had then moved to transfer Johnson’s cause to a court of criminal jurisdiction.

If the new hearing determines that Johnson is “not a fit and proper subject to be dealt with under the juvenile court law,” then Johnson’s convictions and sentence are to be reinstated. However, if the juvenile court finds that it would not have transferred Johnson to adult court, it shall treat his convictions as juvenile adjudications and impose an appropriate “disposition” within its discretion.

The Appeals Court ordered, in the event Johnson is unfit for treatment in juvenile court, a limited remand of Johnson’s sentence to provide an opportunity to present evidence of mitigation due to his youth. As to Johnson’s co-defendant Windfield, also listed in the appeals decision, the sentence was affirmed, since he was 18 when he committed the crimes.

Orange County Juvenile Defense Attorney

Please contact the Law Offices of Katie Walsh if your son or daughter is in legal trouble or faces school expulsion. Attorney Walsh has the expertise to advocate for your loved one’s well-being successfully. For a free consultation, call Katie Walsh at (714) 351-0178.

With the adjournment of the annual state legislative session, we thought we’d share with you some of the bills that made it to the governor’s desk. We would also like to focus on a significant change to juvenile justice in California.

Even though state lawmakers had to contend with conflicts relating to COVID-19, some interesting pieces of legislation made it to Governor Gavin Newsom. Such bills include but are not limited to legislation that would shorten probation terms (Assembly Bill-1950), enable parolees to earn a quicker end to supervision (Assembly Bill-2342), and create a state-level re-entry commission (Senate Bill-369).

In May, Governor Newsom proposed closing the Division of Juvenile Justice (DJJ) and all its remaining state facilities in favor of local alternatives as part of the 2020-21 state budget. The announcement was met with sharp criticism; however, it looks like the novel plan may come to fruition.

State lawmakers were able to get a trailer bill, AB-1868: Juvenile Justice Realignment, to Newsom’s office in the session’s final hours. An agreement was struck laying the groundwork for a new kind of juvenile justice, one that shifts the focus away from incarceration in favor of rehabilitation.

The Office of Youth and Community Restoration

In the place of the DJJ, the new Office of Youth and Community Restoration, a part of the state’s Health and Human Services Agency, will “have critical responsibilities to oversee county juvenile justice systems, administer funding, and ensure local policies and practices reflect the state’s priorities for children and families.” Grants will be given to counties to provide custody and supervision.

“That kind of systemic transformation is exactly what I think we’re learning needs to happen in this time when you’ve seen much tumult around how the criminal justice system operates and whether it’s fair and equitable particularly as it relates to the treatment of kids of color,” said Chet Hewitt, of the reform group California Alliance for Youth & Community Justice.

There are currently four DJJ facilities that house about 775 youths, according to The Imprint. The majority are at three youth prisons, and 70 are at the Amador County fire camp, which trains youths in firefighting. Beginning next July, the state will no longer accept most youth offenders. The agreement made with the governor’s office also raises the age to 25 for some youth to remain in the juvenile justice system.

Next year, local governments will be tasked with detaining youth offenders in county detention centers. Those currently serving time in state-run juvenile detention centers will remain in state custody until their time is served or they reach age 25. The Amador fire camp will continue training youths under the new system.

Orange County Juvenile Defense Attorney

Please contact the Law Office of Katie Walsh if your son or daughter faces legal difficulties or school expulsion. Attorney Walsh has significant expertise in these matters and can advocate for your family. You can reach us at (714) 351-0178 for a free consultation.

Our thoughts and prayers go out to everyone affected by the many forest fires raging across the state. We hope that everyone finds themselves safe.

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 1996, the California Division of Juvenile Justice, the state’s youth correctional system, housed over 10,000 children and young adults (ages 12 to 25), according to the Center on Juvenile and Criminal Justice.

Today, we see a very different picture of juvenile justice in the Golden State. Thanks to several criminal justice reforms and the tireless of countless individuals, rehabilitation is now California’s watchword.

The number of young people housed in juvenile detention centers had fallen to 627, as of June 2018, The San Francisco Chronicle reports. While most people will find this news uplifting, lawmakers still have far to go in ensuring that all children are afforded the same benefits.

Young African Americans and Latinos are over-represented in both arms of the criminal justice system—juvenile and adult. Of the 71,923 juvenile arrests in 2015, black and Latino youths made up 88% of those tried as adults, according to a study from the California Department of Justice.

On numerous occasions, we have written about Proposition 57 on this blog. The legislation took power to try children as adults away from prosecutors in 2016. However, black and Latino youths are still tried as adults at the same rate.

Probation Helps and Hurts Young People

While fewer young people are locked up, there are more than 39,000 youth on probation in California, according to the article. Probation gives kids more options, but the likelihood of violating terms is high. Violations often result in incarceration.

“Probation is a hidden secret of the juvenile justice system,” said Nate Balis, Director of the Juvenile Justice Strategy Group for The Annie E. Casey Foundation. “The proportion of kids put in probation remains the same year after year. It is quite similar to what it looked like with the overall approach in the 1990s. One thing to change is dramatically narrowing who ends up on probation. Kids with first offenses like shoplifting can end up on probation. We must be more discerning and divert far more youth from juvenile justice system.”

Probation can be successful if young people are supported along the way. Expecting teenagers to fall in line after an arrest is wishful if they lack the resources to make necessary changes. We have to remember that teenagers who get in trouble with the law rarely come from stable homes. Bad influences are aplenty inside the house and out.

Reforms are only beneficial when they are in tandem with investments in the community. Diversion programs can give young people the tools to get back on track, stay in school, and avoid incarceration down the road.

California Juvenile Defense Attorney

Parents with a son or daughter facing legal trouble or school expulsion can benefit from seeking the help of juvenile defense expert. Having an experienced advocate in your family’s corner can pay off significantly.

Please contact The Law Offices of Katie Walsh for a free consultation and to learn more about how we can help you overcome your legal challenges.

“The school-to-prison pipeline starts and ends with schools,” said Bob Wise, president of the Alliance for Excellent Education and former governor of West Virginia, in 2013.

When kids are in the classroom, they are much less likely to engage in risky behaviors. It is so important that school districts across the country do what they can to keep young people in school, and off the street. Suspension and expulsion are warranted at times, but providing struggling young people with support can prevent the need, in many cases.

The juvenile crime rate, especially violent youth offenses, is on the decline, The San Francisco Chronicle reports. While law enforcement experts point out that crime is cyclical, an unexpected, three-decade trend is underway. Since the 1990s, youth assaults, homicides, theft, and truancy have steadily decreased.

When a unique pattern occurs, it is only natural for experts to speculate on the reasons why. The school-to-prison pipeline still exists, but it seems that some initiatives have had a welcome effect. Perhaps most interesting is that the decline in youth violent crime transcends demographics.

What’s Behind The Youth Crime Drop?

There are so many variables to consider, factors that could influence juvenile crime rates. It’s challenging to put one’s finger on the driving force behind the decrease in youth criminality. Jill Tucker, writing for the SF Chronicle, lays out some of the likely catalysts in ever-falling youth crime rates in the United States. Tucker has been writing about education in California for 18 years.

Some leading theories on what is influencing this nationwide trend include a decline in “crack” cocaine use, according to the article. In the 1980s and ’90s, urban youths were exploited by drug dealers to sell crack on “the corner.” Adolescents and teens were ideal candidates because they are not subject to adult drug laws.

Other leading hypotheses for the trend in question involve reductions in lead exposure and adult mass incarceration. According to one study, lead (a once common ingredient of paint and gasoline) can disrupt brain development, thus influencing impulse and behavior regulation. In recent decades, the adult prison population has risen exponentially; causing some experts to theorize that there are fewer criminals to lure youths into crime.

Improvements in education is another topic of serious consideration. The decline in youth violent crime happens to coincide with more kids in preschool and the launch and spread of education programs. After-school programs can keep kids out of trouble. The article notes that the high school graduation rate hit 85 percent in 2017, following a two-decade trend. The combination of all three factors has likely had an impact on crime reduction.

“The nation needs to focus dollars and efforts on reforming school climates to keep students engaged in ways that will lead them toward college and a career and away from crime and prison,” said Bob Wise.

Orange County School Expulsion Attorney

The Law Offices of Katie Walsh specializes in helping families whose sons and daughters are facing the prospect of school expulsion. Attorney Walsh understands that a minor infraction can have a significant impact on a child’s future. She can advocate for your family.

Please contact us at your earliest convenience to learn more about we help you and your loved one negotiate alternatives to expulsion.

While the U.S. Supreme Court deems access to social media platforms protected by the First Amendment, that doesn’t mean that some people can’t be restricted. A California state appeals court ruled that a “narrowly tailored” limit on social media use for a juvenile on probation was legal, NextGov reports. When reviewing the case in question, AA v. The People, the court of appeals wrote in summary:

One of the goals of the juvenile law is reformation and rehabilitation of the minor’s attitude so that he respects the rights of others. Here, appellant seems to think that his felonious conduct is a springboard for braggadocio on the internet. Appellant has First Amendment freedom of speech rights. But the juvenile court may curtail such rights in an appropriate case by a narrowly tailored condition of probation. This is an appropriate case.

The U.S. Supreme Court has called social media platforms the new public square, protected by the 1st Amendment; however, the terms of an individual’s probation or parole can restrict access to such platforms for rehabilitation purposes and to protect victims.

The Right to Access Social Media

The Supreme Court ruling in Packingham v. North Carolina, that social media use was protected, involved a North Carolina law that made sex offenders having any social media presence at all a felony, according to the article. In AA v. The People, the juvenile was only restricted from posting about his offense during his probation.

Conditional release typically comes with restrictions on freedom. Social media use is a right to people under normal circumstances, but not when a person is a ward of the state. What a person does and how they communicate with others can, as seen in the above case, restrict the use of social media which is liable to make any young person upset and in said case appeal.

Orange County Juvenile Justice

Please contact the Law Offices of Katie Walsh for a free consultation if your son or daughter requires legal assistance. Attorney Walsh and her team can advocate from your family and help you obtain the best possible outcome.

If you have been keeping up on the news related to the American opioid addiction epidemic plaguing the United States, then you are likely aware of the SUPPORT for Patients and Communities Act. The new legislation – recently signed into law by the current administration – aims to address several aspects of the public health crisis we face. The SUPPORT Act isn’t just one bill; it is instead a package of measures each specific to one point of the issue or another; seventy unique bills in total

Some of the SUPPORT Act’s more notable features include channeling more funds to expand access to addiction treatment, prevent overprescribing, and training law enforcement to be more effective at intercepting fentanyl shipments. Other provisions involve improving care and support for substance-exposed babies and their mothers and expanding an existing program to train more first responders to carry and use the overdose reversal drug Narcan.

Those keeping themselves apprised of news relating to the epidemic know that there isn’t a demographic who has been untouched by the scourge of opioid use. Sadly, for a significant number of teenagers and young adults, many of whom come from dysfunctional homes, support is a scarce and they are in the grips of addiction. Moreover, like adults, young people face the risk of arrest and spending time in juvenile detention facilities.

The At-Risk Youth Medicaid Protection Act

Upon release from detention, young people often lack the support necessary to foster lasting recovery. Without assistance, the likelihood of recidivism is exceedingly high. What’s more, those same young people find that they have lost Medicaid as a result of their arrest and conviction, and no longer have a means of covering the cost of physical and mental healthcare professionals.

The At-Risk Youth Medicaid Protection Act, reintroduced by U.S. Senator Cory Booker (D-N.J.) and U.S. Senator Chris Murphy (D-Conn.), orders state Medicaid programs to suspend, not terminate, a juvenile’s coverage when he or she is in custody. Congressman Tony Cárdenas (D-CA) and Rep. Morgan Griffith (R-VA) led an effort in the House of Representatives to include the bill in the SUPPORT for Patients and Communities Act, ensuring that children who serve time in the juvenile justice system continue to receive health care coverage and treatments during and after their release from custody. Cárdenas writes:

“The At-Risk Youth Medicaid Protection Act will keep young American Medicaid recipients from being permanently kicked off their healthcare if they come into contact with the criminal justice system. Right now, these young people suffer greatly when they return home to find they can no longer see their doctor, especially if they are recovering from addiction. This law will end this practice, which will help the children, their families and the communities where they live.”

Orange County Juvenile Defense Attorney

If your son or daughter is facing legal trouble in California, please reach out to The Law Offices of Katie Walsh. Juvenile defense attorney Walsh has a proven record of advocating for families who find themselves in the hardest and most vulnerable situations. Call now for a free, confidential consultation, (714) 351-0178.

People who serve time in California correctional facilities, whether they be adult or juvenile, often learn all the wrong lessons from their cellmates. It is not uncommon for people convicted of crimes to get out of jail and go on to commit more severe offenses. Of course, learning about new ways to break the law is not everyone’s lot; some people use the opportunity of confinement to learn from their mistakes and reinvent themselves.

Men and women who do time have a high likelihood of recidivism. It makes sense; people often break the law because they haven’t the resources to get ahead in life. Such individuals learn how to make some extra cash nefariously from their peers; they also learn how to comport themselves on the street—even using violence when necessary. Learned behaviors can have a lasting impact on young people’s lives, and they often lead to going in and out of jail over-and-over again. However, if juvenile inmates are provided with educational resources, they have an opportunity to break the cycle of incarceration.

In fact, 14 inmates at the Ventura Youth Correctional Facility in Camarillo are taking the opportunity to learn valuable skills that may keep them off the streets and into stable employment, USA Today reports. What’s more, the young people’s instruction is coming from an unlikely place, a group of inmates serving time at San Quentin.

Re-coding Life

A novel program, which pairs three prisoners at San Quentin who learned how to write computer code with young men and women at the Camarillo facility, could open doors previously thought shut. The 14 students are taught over Skype how to write JavaScript, HTML, and CSS, a couple of times per month, according to the article. If the program is a success, it will mean that the students have an opportunity of landing good jobs in the tech sector upon their release.

Chris Redlitz and Beverly Parenti created the Last Mile coding program, two people familiar with the tech industry, the article reports. Chuck Supple, director of the state Department of Corrections and Rehabilitation’s Division of Juvenile Justice, was impressed by the Last Mile and took steps to incorporate into the Ventura Youth Correctional Facility. The Ventura Youth Correctional Facility in Camarillo could soon accommodate 48 students and actions are underway to introduce the program at other youth detention centers.

Frankie Guzman, director of the California Youth Justice Initiative at the National Center for Youth Law, says that young people serving time are mostly taught skills for low-paying jobs. Educating young people in exciting fields can go a long way to reduce recidivism rates. According to Chuck Pattillo, general manager of the California Prison Industry Authority, inmates participating in joint venture programs, like the Last Mile, have a recidivism rate of 9 percent. Of the inmates not involved, 46 percent will return to prison after release.

“This is not welfare or charity or rewarding bad behavior,” said Guzman, an attorney. He adds that investing in these young people, “we are doing ourselves and our communities a favor.”

Orange County Juvenile Defense Attorney

If your son or daughter is facing criminal charges, it is critical that you partner with an experienced attorney competent in the workings of the juvenile legal system. Seeking the assistance of attorney Katie Walsh gives your child the most favorable odds for avoiding juvenile detention. Please contact our office to learn more about how we can advocate for your family.

Last summer, we discussed several bills being considered by the California State Senate, including Senate Bill 439 (SB-439). As is the case with most legislation we focus on, SB 439 centers on juvenile justice, explicitly keeping most youngsters under the age of 12 out of courtrooms and into alternative programs for discipline.

SB 439 made it through the Senate, and if the bill makes its way to the Governor’s desk, it would mean two significant changes for California counties with regard to the handling of children ages 11 and under. First, minors whose behavior and actions are cause for concern by authorities must be released to his or her parent, guardian, or caregiver; except, if the crime involves an act of murder or rape with force, violence, or threat of great bodily harm. Secondly, the bill requires counties to “develop a process for determining the least restrictive responses that may be used instead of, or in addition to, the release of the minor to his or her parent, guardian, or caregiver.”

Researchers at UCLA analyzed California Department of Justice data and found that only a small number of kids under twelve find their way into the clutches of the juvenile justice system, according to Press-Telegram. The analysis showed that eighty-five percent of the 452 referrals of 11-year-olds to the courts were closed or diverted from the system at the beginning of the cases. However, for the slight number of kids that are not so fortunate, the juvenile justice system can mark the start of more problems in life.

Strong Opposition to SB 439

“The vast majority of young children in California who’ve been accused of an offense are exhibiting behaviors or minor behaviors that did not require any justice involvement,” said State Sen. Holly Mitchell (D-Los Angeles), the bill’s co-sponsor. “Involvement with the juvenile justice system can be harmful to a child’s health and development.”

Sen. Mitchell’s views are not shared by law enforcement organization throughout the state and are pushing back hard trying to encourage those who are considering the legislation to bar its moving forward, the article reports. Last month, The Los Angeles County District Attorney’s Office reached out to the committee stating that the juvenile justice system is the only way to rehabilitate children and keep the public safe. Tamar Tokat from the L.A. County District Attorney’s office says there is “no alternative” to serious criminal cases involving children. Most of the bill’s opponents cite troubling cases involving the most extreme of offenses to make their point; the California District Attorneys Association, the California Police Chiefs Association, and the Chief Probation Officers of California are among those opposing SB 439’s passing.

We will continue to follow this story as it develops. As an aside, if you are on the lookout for some summer reading material, The Evolution of the Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice by Barry C. Feld might be the book for you.

“As a juvenile court jurist of almost 20 years, a reformer for most of those years and an adjunct law professor, I can adamantly state that this book is not only a must read, but should be added to the reading lists of those studying juvenile justice, including law students,” writes Judge Steven Teske on the Juvenile Justice Information exchange.

Orange County Juvenile Defense Attorney

The Law Offices of Katie Walsh can help your son or daughter who is facing criminal charges or school expulsion. Our team of legal experts will advocate for your child and assist them in achieving the most favorable outcome in their case. Please contact us today.

California Assemblymember Reginald Jones-Sawyer, Sr. is requesting $100 million to assist young people who find themselves on the wrong side of the Law. The money will support the Youth Reinvestment Fund, a proposal that would specifically help vulnerable youth populations, including minorities, children with disabilities, girls, LGBTQ youth, and foster children, according to a press release. Assemblymember Jones-Sawyer points to research indicating that diversion and mentoring programs produced $3.36 of benefits for every dollar spent, reducing crime and saving taxpayers money.

“Research has shown that non-detention alternatives, particularly for low-level offenses, are more appropriate responses to curb delinquent behavior, avoiding pushing youth deeper into the juvenile justice system, writes Assemblymember Jones-Sawyer. “Most importantly, communities that have intentional diversion programs show improved outcomes for youth and public safety.”

The proposal relies on trauma-informed, community and health-based interventions, instead of incarceration. Last week, Youth Reinvestment Fund advocates joined forces in Sacramento to lobby for the funds which they believe will help thousands of at-risk youths avoid detention, The Chronicles for Social Change reports. Supporters hope for a different outcome than last year when a similar version fell short.

Youth Reinvestment Fund

Jones-Sawyer, who represents South Los Angeles, Florence-Firestone, Walnut Park, and a portion of Huntington Park, is confident that funding community organizations to work with at-risk youth will pay off immensely in the long run. If the budget proposal is approved, the assemblymember says it will keep 10,000 young people from arrest, detention, and incarceration each year.

“When we incarcerate young people, that’s about $200,000 to $300,000 per year, per kid,” said Jones-Sawyer. “With this $100 million, I could save the taxpayers maybe $8 to 10 billion.”

The Youth Reinvestment Fund would apportion:

• $10 million for Tribal Diversion Programs for Native American youth.
• $15 million for social workers to assist minors in juvenile or criminal court, within the public defenders office.
• $75 million would fund local diversion programs and community-based services for at-risk youth over a 3-year grant period.

One of the critical components of the Youth Reinvestment Fund is hiring more social workers to help out in public defenders’ offices. As it stands right now, only three counties (Los Angeles, San Francisco, and Contra Costa) have social workers on site in public defender’s offices. Even still, Jones-Sawyer notes that there are not enough social workers to participate in every case, according to the article. Brendon Woods, head of the Alameda County Public Defender’s office, says that when young people have the help of social workers, it reduces recidivism rates.

“The ones that do have social workers have tremendous success in terms of advocating for their youth, finding alternatives to incarceration, getting them into community-based programs,” Woods said. “It is almost night and day compared to the services that are provided to youth when social workers are involved as opposed to when they are not.”

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges, Attorney Walsh can assist you and your family in several ways. Please contact our office for a free consultation.

Juvenile Justice Watchdog

With a model more similar to a boarding/military school than a detention facility, the first class of residents arrived on campus July 3, 2017, and “graduated” just before the turn of the year. While the program is widely hailed as a success, it will take years before we can know for certain how effective the program is compared to previous approaches. A group of independent researchers is following the youths who complete the Campus Kilpatrick, The Los Angeles Times reports. It is likely that it will take a great length of time to determine the efficacy of the “L.A. Model” of juvenile rehabilitation.

The L.A. Model is one of many changes when it comes to juvenile justice in California. Last week, a new watchdog agency to oversee the Los Angeles County Probation Department was approved by the Los Angeles County Board of Supervisors. Juvenile abuse, sexual assault, and the practice of solitary confinement at detention camps for young people are among the chief concerns.

There are “profound and deep-seated” problems, Chief Probation Officer Terri McDonald tells NBC Los Angeles. McDonald is tasked with reforming the department, and she supports the oversight commission. She also wants to point out recent successes, such as Campus Kilpatrick and the closing of three probation camps.

“I believe profoundly in oversight,” McDonald said. “I believe in community engagement and transparency in the work that we do.”

The commission’s job will be traveling to and observing juvenile halls and camps throughout the state, according to the article. The watchdog is also responsible for tracking the recent criminal justice reforms in California and report directly to McDonald and the parole board. Eventually, the commission will oversee adult probationers, as well.

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges, Attorney Walsh can assist you and your family in several ways. Please contact our office for a free consultation.

As the saying goes, ‘crime doesn’t pay;’ however, and as far as the state is concerned, criminals do. Everyone knows that in many cases if a person is caught, charged, and convicted of a crime, they are facing jail time. If the offender is a minor, they are remanded to a juvenile justice facility for a given length of time. The thing that most people do not know is that the easiest part of a given punishment is the time behind bars, the hard part is the financial costs that come with breaking the law. The economic toll extends far beyond retaining the services of an attorney, and remember, if you cannot afford a lawyer, then one will be provided for you.

Depending on the offense, sentencing can include victim restitution; and more times than not, people released from jails and prisons go on probation for varying lengths of time, all of which costs money. It is no different for juveniles either, except for who is responsible for paying the bills. Of course, it is unrealistic to think that a 16-year old can pay their legal fees, it isn’t as if they have high-paying jobs. So, the bills fall on mothers and fathers who, in most cases, are on the lower end of the socioeconomic scale.

The fees that the families of juvenile offenders are responsible for paying is a significant amount of money. According to The Crime Report, fees come from:

• Victim Restitution
• Baseline Fines
• Administrative Costs (i.e., probation, electronic monitoring, and public defenders)

High Pay and Low Gain

When a youth’s fines and fees are not paid, the debt is taken up by the tax franchise board which will garnish the money from parents’ paychecks, according to the article. Even still, Kate Weisburd, Director of the Youth Defender Clinic in California, says that counties end up paying in the long run. Recouping fines and fees from impoverished families ends up costing counties more than what offenders owe in the first place.

“[Counties] weren’t recouping much to begin with” said Weisburd, an alum of Brown University and Columbia Law School. “What happens is a family is billed $4,000 in administrative fees, and it would cost the county that much money to collect it. Processing costs so much and these poor families can’t afford to pay for it.”

The fact that adjustments need to come about isn’t lost on juvenile judges, according to the article. In fact, the National Council of Juvenile and Family Court Judges approved a resolution that would no longer require juveniles and their families to cover the legal costs. In California, a law went into effect this past January making it the first state to do away with fees for incarcerated youth. It may be more difficult in some states to enact such reforms; however, individual judges have the right to not levy fines and fees against minors.

Juvenile Defense Attorney

At the Law Offices of Katie Walsh, we specialize in juvenile law. If your son or daughter is facing criminal charges, Attorney Walsh can assist you and your family in several ways. Please contact our office for a free consultation.

It is probably not hard for most people to understand why youth in juvenile detention facilities usually do better in the long run than young people serving time in prison. Once a person is caught up in the adult criminal justice system, the likelihood of recidivism is exceedingly high. With that in mind and citing research, California Governor Jerry Brown is asking for $3.8 million in his final budget proposal to fund allowing youth offenders longer stays in juvenile justice facilities, The Sacramento Bee reports. The plan underwent review by the Senate Budget Subcommittee on Corrections, Public Safety and the Judiciary during a hearing on March 22, 2018.

As it stands right now, juvenile offenders in California can remain in Division of Juvenile Justice (DJJ) facilities until their 23rd birthday, according to the report. If a person’s sentence hasn’t come to an end by that time, the remainder is to be served in an adult correctional facility. Brown’s budget proposal, among other things, aims to lengthen stay caps in DJJ housing facilities. So, let’s take a look at what the proposal would mean for young people in the juvenile justice system if approved.

Rehabilitation, Not Recidivism

First, a California Department of Corrections & Rehabilitation (CDCR) report shows that 74.2 percent of youth released from a DJJ facility in 2011-12 were re-arrested within three years; even still, DJJ inmates had lower recidivism rates than youth prison inmates. More funding would cover the cost of keep youth offenders in DDJ housing until 25, mitigating the risk of a young person being transferred to adult correctional facilities, the article reports. The money would allow for juveniles, convicted in adult court, to serve their time in DJJ facilities if they can complete their sentence by their 25th birthday.

Lastly, Brown’s budget proposal would cover the cost of creating a young adult offender pilot program. The CDCR would be able to place 76 less dangerous youth offenders in two unique juvenile housing centers, rather than prison. The Legislative Analyst’s Office (LAO) projects juvenile detention is far more costly than adult prison, $80,000 versus $30,000 each year. Two years from now, the 2020 budget proposal would require $9.2 million annually to cover the costs of extended stays in juvenile detention. It is worth noting that it may cost more to fund longer stays up front, but it will save money over time, according to the LAO.

Frankie Guzman, director of the National Center for Youth Law’s California Youth Justice Initiative, supports Brown’s proposal; but, believes that community-based programs, instead of DDJ housing for less serious offenders, would be even more useful. Please take a moment to watch a short video on the subject here.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in juvenile law. If your son or daughter is facing criminal charges, Attorney Walsh can assist you and your family in many ways. Please contact our office for a free consultation.

Young people are not the best at thinking things through thoroughly before they act, and as a result, they sometimes learn valuable lessons. Even when minors understand the difference between “right” and “wrong,” they can still make unfortunate errors in judgment that can cost them significantly. While some offenses committed by minors are severe and should carry a commensurate punishment, most infractions are benign. However, getting caught up in the juvenile justice system for a minor offense often does more harm than good.

More than a decade ago, the Santa Clarita Valley Sheriff’s Station started a diversion program, called “Teen Court.” Minors who commit minor offenses and meet specific criteria are eligible for Teen Court, excluding them from incarceration, formal probation, and a conviction on their record if they complete the requirements within a six-month period. The program can make all the difference for teenagers, potentially keeping them from becoming trapped in the criminal justice system.

L.A. County Teen Court

Teen Court is unique in several ways, notably in the fact that Juveniles who commit minor offenses plead guilty to a jury of their peers, meaning other teenagers in school. After which, teens in the diversion program must avoid getting into trouble during a six-month probationary period, according to KHTS. Juveniles taking part in the program have to do community service, write letters of apology and pay restitution to the victim or victims. Teen Court is only available to first-time offenders.

“We deal with juveniles that have committed misdemeanors and even felonies,” said Dan Finn, a detective with the Santa Clarita Valley Sheriff’s Station. “The only limits are: we don’t take serious felony charges like gang-related crime, rape, murder (or) robbery.”

The goal of programs, like Teen Court, is to avoid recidivism. Data indicates that around half of teens who don’t take part in diversion programs end up going on to commit more crimes. Detective Finn points out that less than 15 percent of the juveniles who go through the Teen Court commit another offense. Owing to the success in Santa Clarita, Los Angeles County is following suit; a little over a year ago, the Los Angeles County Board of Supervisors approved a plan that would make diversion the focus of the county’s juvenile justice system. The Superior Court of California, County of Los Angeles, reports that there are 38 Teen Courts in operation at high schools throughout Los Angeles County and over 70 judicial officers preside over the program.

“We catch these kids early, and it’s making a difference,” Los Angeles County Superior Court Judge David S. Wesley, tells California Courts Newsroom. “We are incarcerating fewer kids, and saving millions of dollars keeping them out of the juvenile justice system.”

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in juvenile law. If your son or daughter is facing criminal charges, Attorney Walsh can assist you and your family in a number of ways. Please contact our office for a free consultation.

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.