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Juvenile Lawyer San Diego

juvenile law

Unfortunately, a lot of people believe that it’s not that serious if you commit a crime before you turn 18, but that is simply not how it works in reality. If your child has been accused of committing a crime, then call Brian E. Watkins Law immediately to get their defense started. Being convicted of a juvenile crime carries with it many consequences that can affect your child’s future. 

The juvenile delinquency laws in California hold minors accountable for their actions, authorizes the treatment and rehabilitation of minors, and protects the public. The law also allows victims in the community to recover their losses when a minor commits a crime that harms them or their property.

Consequences of A Juvenile Crime

A juvenile crime conviction can sometimes have a greater impact on the defendant’s future than an adult criminal conviction. First, there are fines to pay, including court costs. A juvenile record is open to the public if it is a serious offense, such as a felony offense. The consequences of a juvenile crime conviction are extensive and outlined below.

Job and Education

A criminal charge on your child’s record can result in them being suspended from school or forced to attend an alternative school, either in your local area or away. A criminal conviction may also prevent them from being able to enlist in the military. In many cases, they are not eligible for student loans, scholarships, or grants if they decide to get an education later on. 

Loss of Certain Rights

If the conviction involved drugs, alcohol, or driving offenses, then their driver’s license may be suspended. A juvenile criminal conviction also prevents them from being able to carry a firearm. This is why it is important to hire a juvenile lawyer in San Diego to find out more about what potential consequences you or your child are facing for life.

Registration

Adjudication of some types of crimes, including arson, gang offenses, and sexual assault, result in registration requirements that can last for many years or a lifetime. Many minors have a hard time understanding the long-term consequences of their actions, so we take care to explain registration requirements to them so they can understand the need for their compliance. In the state of California, a juvenile may need to register as a sex offender for arson offenses or to be subject to gang registration requirements.

Immigration

A minor may be barred from obtaining legal status or “inadmissible” and may lose their current legal status if they have committed certain “bad acts.” These are crimes that can trigger immigration penalties as they provide the government with evidence that the person may not be suitable for entry into the United States. For example, if a minor is found to be engaging in drug trafficking or has a physical or mental disability where they pose a threat to themselves or others, then that can affect their immigration status.

Frequently Asked Questions About Juvenile Law

We understand that parents have a lot of questions about their options. While we try to provide these as a guide, it’s best to call Brian E. Watkins Law to schedule your consultation and get a free case evaluation.

What happens when I need to appear in court?

If the minor is in the custody of the parents, then they will show up to court with the parents if there are no social distancing restrictions in place. If the minor is being detained, then you will need to speak with your attorney about the specifics of your case and how COVID-19 has impacted your hearing.

What is never acceptable is to miss your court date. If you have any questions about the legal process, then you should call us right away. You will need to secure an attorney before your next hearing to ensure the best outcome for your case.

Is a juvenile record public?

In the state of California, your record is automatically sealed upon completing probation, which means that the court will eventually destroy the files, and your case will be cleared. There will no longer be a public record that can be accessed by any government agency including, the juvenile court or law enforcement agencies, after that point. 

However, in California, there are certain types of crimes where the record is not automatically sealed. If the juvenile was 14 or 15 years of age when they committed any of the crimes listed in Section 707 of the Welfare and Institutions Code, then those are ineligible to be automatically sealed. There are 30 different crimes listed in the code, but among them include:

  • Attempted murder
  • Arson
  • Murder
  • Robbery
  • Rape with force, violence, or threat of great bodily harm
  • Sodomy by force, violence, duress, menace, or threat of great bodily harm
  • Assault with a firearm or destructive device
  • Discharge of a firearm into an inhabited or occupied building
  • Aggravated mayhem
  • Carjacking
  • Kidnapping for purposes of robbery or for ransom 
  • Manufacturing or selling certain drugs in certain amounts
  • Voluntary manslaughter

Are youth treated differently than adults in the court of law?

Under California law, a juvenile conviction who is found guilty after a trial or who pleads guilty is considered an adjudicated delinquent rather than a convicted criminal. Children who are considered delinquents do not face the same types of consequences as adults. Unlike in being tried as an adult, when young people break the law, they are not referred to as defendants. Instead, they are referred to as the minor or the juvenile delinquent.

Why Choose Brian E. Watkins Law

Brian E. Watkins Law represents criminal clients in San Diego and has been in practice since 1997. He works hard to try to avoid his clients having to face the most serious of consequences that could affect the rest of their lives. He has worked with families and minors with compassion and dedication to help minors get on the right path and to provide counsel to parents and guardians.

Justice Goes Deaf At Rap Music Trial

Nine criminal defendants are not the only ones who are on trial, here, in a San Diego, California, courtroom. This trial, it turns out, is more about the American legal system. Today, this court’s irrational decisions, as attested to by the raised eyebrows, sideways glances, and sharp words of each of the nine defense attorneys present, proved, beyond a reasonable doubt, that the criminal sat not in front of, but behind the bench.

American justice, as evidenced in the courtroom of Judge David M. Gill this past Friday, Jan. 23, 2015, cares not any longer about the emasculated US Constitution. As the trial of innocent Rap musician Brandon “Tiny Doo” Duncan (pictured above, right) began at 1:30 PM, it would be a matter of minutes before this supposed trial became a surreal, Kafka-esque scene of first-time, twisted legal logic, turning two-hundred-plus years of legal precedent into farce.


Read more at http://www.westernjournalism.com/justice-goes-deaf-rap-music-trial/#EZWx9iKurcqVCdLf.99

San Diego Criminal Defense Attorney Sees Pending Justice For Rapper Tiny Doo

Rap song lyrics describing gang activity are in controversial and historical legal spotlight regarding gang conspiracy involving shootings.

 

San Diego, CA - January 14, 2015 -  After more than six months in jail, a local San Diego Rap Artist, Brandon Duncan “Tiny Doo” may soon be released from custody. Conspiracy charges have been dropped in the case against Duncan and 15 other individuals charged.  San Diego criminal defense attorney Brian Watkins who represents Duncan anticipates this unusual case to set a legal precedence.

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Rap case conspiracy charges dropped

Judge rules evidence didn't show defendants benefited from crimes of gang violence

By Kristina Davis 5:55 P.M.JAN. 13, 2015

SAN DIEGO - A controversial part of a gang conspiracy case that criminalizes rap lyrics and Facebook postings appears to be unraveling.

In one of the first tests of a state gang conspiracy law, a judge dropped charges this week against a group of men whose accusations of assisting in and promoting gang violence were based merely on their music and social media activities.

The ruling Monday by San Diego Superior Court Judge David Gill is likely to reverberate among other defendants in this case and another as they petition to have similar conspiracy charges dismissed.

READ ENTIRE SAN DIEGO UNION TRIBUNE ARTICLE HERE

Proposition 47 Frees Low-Level Offenders

Within days of Californians’ overwhelming approval of an initiative that knocks low-level felonies down to misdemeanors, life in jail is ending for hundreds of felons and felony suspects.

Public defenders throughout the state kicked into overtime, working even on Veterans Day to manage thousands of situations of individuals awaiting verdicts or already doing time.

More than 4,700 state prison inmates are qualified for resentencing and feasible release under the brand new law, in accordance to the Ca Department of Corrections and Rehabilitation. Thousands more serving time in county jails or waiting for trial could stop up with lighter sentences and walk free.

Under Proposition 47, California is the first state to reduce a broad array of nonviolent crimes from felonies to misdemeanors — including drug control, theft, possession of stolen goods, forgery, shoplifting and check or credit card fraudulence involving less than $950. Defendants with records of violence or intercourse offenses are not qualified for more lenient charges.

“After the election, those crimes are no longer felonies,” said Allen Hopper, criminal justice and drug policy director for the American Civil Liberties Union of Ca. The national ACLU contributed $3.5 million in support of Prop 47.

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