San Jose Juvenile Criminal Defense Attorneys
Santa Clara - Los Gatos - Mountain View - Palo Alto - Cupertino - Fresno - Salinas
Professional, confidential, and dedicated legal help when you need it most
A juvenile offender is generally described as a person under the age of majority (under the age of 18 in most states) who commits any specific act prohibited by law. While it is understood that certain acts such as theft, robbery, assault, murder, etc. are obviously against the law, juveniles are also subject to additional laws, such as truancy laws and curfew laws.
If your child is facing juvenile criminal charges in California, you need to seek the advice of an experienced and aggressive juvenile criminal attorney immediately. You should consult with an attorney and get your questions answered regarding how this crime may affect your child's life. Our lawyers can evaluate the case and provide you crucial information that is needed in order to make a right decision.
If your child is involved with the juvenile justice system, or has been charged with a serious crime that could be tried in adult court with the potential for a prison sentence, you need the advice and representation of an experienced and resourceful advocate. For a free consultation, contact a California juvenile defense attorney at the Moore Law Firm.
Our attorneys apply the same aggressive and investigation-based client defense service in juvenile matters as we do for adults. In cases involving young offenders, however, we have the advantage of a thorough familiarity with the range of diversion and treatment programs that can help your child while keeping his or her case in juvenile court. We represent juveniles charged with sex offenses, violent offenses, status offenses, and the following lesser crimes more characteristic of juvenile defendants:
We also represent juveniles who are accused of gang affiliation or crimes committed for the benefit of a gang. Crimes that would be misdemeanors otherwise can carry enhanced punishment if a gang association is charged and proved.
Juvenile alcohol driving offenses can carry very serious penalties, including suspension of a driver's license to age 21 for even low blood alcohol concentrations. We bring the same energy and comprehensive defense strategies to the defense of juvenile DUI and license suspension proceedings that we do with adult defendants.
If your child already has a criminal conviction, we can also help you with the juvenile criminal record sealing process once he or she turns 18 years old. For more information about our ability to provide an effective defense in juvenile cases, contact the Moore Law Firm, in San Jose or Fresno.
Moore Law Firm may be retained by parents and grandparents to represent a young person accused or charged with committing a crime. If you need a juvenile defense lawyer to represent your son or daughter in Santa Clara, San Mateo or Fresno County, please call our law firm today for a free initial interview and consultation.
and all other criminal offenses in Los Gatos and Santa Clara County or anywhere in California. We may be retained by parents and grandparents to represent a young person accused or charged with committing a crime. If you need a Los Gatos or Santa Clara juvenile lawyer, please call our law firm today for a free initial interview and consultation. You will receive top representation for a reasonable fee.
408-298-2000
Did You know Juvenile suspects have rights that must be protected?
A warning to the wise: Rights of the accused Juvenile:
1. Do not consent to any search. Innocent or not, it is unwise. If you have not been arrested, you do not have to submit to a search.
2. Do not resist arrest.
3. Remain Silent. It is unwise to try and talk your way out of the situation whether you feel guilty or not. Respectfully decline to answer any questions and do not volunteer any information regarding the incident.
4. Demand your Right to a lawyer. Insist that your attorney be present before answering any questions.
5. Do not discuss your case with anyone other than your attorney.
If you find yourself in a situation involving law enforcement, it is extremely important to remember the following:
1. You do not have to submit to a search unless you have actually been placed under arrest. If the police ask you for permission to search, respectfully decline. 2. Do not resist arrest. 3. Do not volunteer any information. 4. Do not answer any questions other than your name, address, and phone number. 5. Call your parents immediately. 6. Insist that your parents and an attorney be present before answering any questions. 7. Do not discuss your case with anyone other than your attorney.
Most importantly, be sure you are represented by an accomplished and knowledgeable juvenile criminal defense attorney. Never attempt to represent yourself in court. Your rights must be protected even though you are a "juvenile". Call a criminal defense attorney who is experienced in defending juveniles and has the compassion and energy to do what it takes to provide the expert representation you need to win.
A good juvenile criminal defense attorney may be your only defense against spending time in jail. The current charge must be vigorously defended to prevent a conviction.
If you have been charged with a juvenile criminal offense or are facing charges or an investigation, you need the assistance of an experienced and aggressive California juvenile criminal defense lawyer. Call the Law Offices of The Moore Law Firm now for your free initial interview.
(408) 298-2000
Juvenile Offense Facts
The California Juvenile Court System handles cases concerning juveniles. Juveniles may be picked up by the police either for "delinquency" (committing a crime) or a "status offense" -- an age-related offense such as truancy. If a child over 14 commits a very serious offense, the court will hold a "fitness hearing" to decide whether the child should be treated as an adult and tried in the adult criminal court system.
The Juvenile Court system has five steps:
1) filing of petition,
2) referral to intake,
3) fitness hearing for serious crimes,
4) adjudication, and
5) disposition.
The potential penalties can be severe; a child under age 16 can be incarcerated until age 21, and a child over 16 until age 25. Juvenile defendants have the right to a lawyer but no right to bail or to a jury trial. It is important to obtain qualified criminal defense attorneys as soon as possible to obtain the best results under the particular facts and law in your case.
The Attorneys of Moore Law Firm can help you:
1. Advise you, inform you and manage decisions on your case.
2. Negotiate to have son or daughter released to parents , rather than imprisoned in juvenile hall, immediately after arrest.
3. Interview witnesses and police.
4. Gather evidence supporting defenses.
5. Make juvenile court motions. These may include motions to suppress illegally seized evidence and motions to exclude improper testimony.
6. Argue in court against transferring the child's case to the adult criminal system.
7. Evaluate legal defenses available against the prosecution case for the adjudication hearing (the trial). These can include insufficient evidence, innocence, lack of a criminal intent, and other defenses.
8. Seek reduction of charges (when available).
9. Represent the child at the juvenile adjudication hearing (trial) or in a plea bargain, or represent the child in adult criminal court if the case is transferred there.
10. Present the best available legal defenses.
11. Seek alternative sentencing to lock-up confinement, or the shortest confinement sentence available. Alternative sentences (available in some cases) can include probation, restitution, assignment to community service, placement in a halfway house or foster care, or placement in a training school.
Good sound reasons to call Moore Law Firm for help
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Committed to protecting right of the accused individual
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A team of Lawyers dedicated to success in defense against prosecution and conviction of crimes
We defend young persons charged with committing any criminal offense in Los Gatos or Santa Clara County; or any criminal offense charged in California. If you are a parent or grandparent of a young person who has been arrested or accused, please feel free to call for a free first consultation to learn how we can help your child. Our lawyers offer top quality representation for a reasonable fee, and accept all major credit cards.
If you need the assistance of experienced and assertive California attorneys, call the Law Offices of Moore Law Firm now for a free initial consultation.
(408) 298-2000
The juvenile criminal process is unique and there is a separate court system for accused juvenile offenders. There are also different categories of juvenile offenders which include:
Different Categories of Juvenile Offenders
Criminal Offenders and Juveniles remanded to superior court:
These categories are for offenders that have committed crimes that, if they were adults, would be criminal. These are crimes such as drug or specified marijuana crimes, robbery, theft, assault, shoplifting, etc. Juveniles who have committed more serious crimes such as rape, arson, murder, may be transferred to the adult court system to be tried as an adult.
Informal Probationers and Status Offenders:
These categories are for offenders who have committed less serious crimes or crimes such as truancy, breaking curfew or incorrigibility and, if they were over the age of majority, would not be considered illegal.
"The System"
Under the juvenile court system, a judge will hear the case and pass sentence. In serious cases, the court may hold a "fitness hearing" to determine whether or not the case will be transferred to superior court where you may be tried as an adult.
During this initial phase, it is crucial that you have an attorney present who knows and understands the juvenile justice system that may convince a judge that the accused should remain under the jurisdiction of the juvenile court.
The Moore Law Firm employs an assertive defense and may work to reduce or dismiss the charges against your child, or in the alternative, works to negotiate a favorable plea-bargain.
If your case remains in juvenile court, you will have an opportunity to enter a plea or proceed to an adjudication hearing (trial). Your trial consists of a judge only - there is no opportunity for a jury trial. If, after a trial, a judge concludes that the charges are true, the accused is sentenced.
In many cases, a conviction will not automatically lead detention in a juvenile facility. There are many forms of alternative sentencing that may be available to you .The Moore Law Firm Lawyers maintain the knowledge and experience to build a winning defense in court. We will make sure that alternative sentencing options are presented to the judge.
Juvenile courts are very different from adult courts.
Juvenile courts have separate rules and procedures from adult criminal courts
Juvenile courts are very different from adult courts. When a juvenile commits a crime, they are said to be "delinquent" and the juvenile court gets involved to intervene and correct the delinquency. Depending on the severity of the crime, the juvenile may be placed in juvenile detention. Even truancy, or repeated absence from school, is a juvenile crime that carries consequences. Facing the future against police accusations, prosecutors, and probation monitoring can be difficult.
In your Juvenile Court case, you want a committed, qualified Juvenile Criminal Defense Attorneys.
Sometimes juvenile crimes arise as a result of challenges at school .When you retain our law firm for your Santa Clara County Juvenile Defense Lawyer, we will fight to obtain special services for your student-client so your child can succeed in school and positively affect the juvenile court case. The term "youthful offender" is more appropriate than the term juvenile delinquent. We may use a private investigator to assist in developing the defense case. Additionally, we may use a forensic psychologist as well as a neuropsychologist as expert witnesses. These are important tools we employ as your Santa Clara County Juvenile Defense Attorneys.
Juvenile courts have separate rules and procedures from adult criminal courts. For example, juveniles are not entitled to a jury trial, but rather are tried before a judge. If a juvenile commits a more violent crime such as murder, the prosecutor may seek to have the juvenile tried as an adult. Because of the special rules and circumstances surrounding juvenile crimes, it is important to obtain private legal counsel. Moore Law Firm believes in the "rehabilitation" of youthful offenders and not punishment of our client.
As your Los Gatos Juvenile Delinquent Defense Attorneys at Moore Law Firm, we can help protect your child's rights to get the best legal result possible. If your child is arrested or investigated for a juvenile crime, contact us as your Los Gatos Juvenile Court Defense Attorneys at 408 298 2000, so that we can help.
When a young person is accused of a crime or is being investigated, it is a painful, stressful time for everyone in the family, the juvenile, the parents, the siblings, and the grandparents. There is the fear that the police, prosecutors, and judges will not treat the young person as a child that has simply used youthful, poor judgment and made a mistake.
Although the juvenile court system was originally created to rehabilitate and not punish youthful offenders, the harsh laws that have recently been enacted have diminished that mission statement. Children as young as twelve are now being detained by the police and questioned without their parents or an attorney present.
The "Three Strikes Law" has been held to apply to juvenile convictions or adjudications. Therefore, your child needs an advocate and a guide through this system to prevent their adult lives from being adversely affected.
Protecting the Rights and Freedom of young people
At Moore Law Firm, a Northern California Law Firm, our juvenile crime lawyers protect the rights and freedom of young people, negotiating with the appropriate authorities to try to prevent the child from being treated as an adult. If necessary, we then represent the child in juvenile court, where a juvenile can still be held in custody until they reach adulthood. In fact, some juvenile crimes are treated more harshly than if the crime had been committed by an adult.
At every stage of a juvenile case, we aggressively, compassionately represent our young clients; applying our decades of experience to find creative ways to solve problems.
If necessary, counselors assess the client and determine reasons for a certain behavior. We always approach the authorities with rehabilitation options, attempting to avoid detention. We also use other strategies learned from years of criminal defense practice to mitigate sentencing.
California Juvenile Crimes
Some of the juvenile crimes we handle include the following:
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Marijuana:
This is a serious predicament parents encounter when police and authorities instigate criminal prosecution. The life and future of a young person should not be ruined by these charges. Some are astonished to learn the lengths to which law enforcement power will go in going after marijuana and other youth culture related activities .The police may actually send undercover officers into schools and sometimes entrap young, insecure students to commit crimes such as sales of marijuana. Informants on occasion exaggerate involvement of others. Possessors can be cultivated into sellers. Confessions can be extracted from a young person intimidated and frightened.
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Assault and Battery /Violent Crimes
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Drug Use
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Drug Sales and Trafficking
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Theft and Shoplifting
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Vandalism
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Sealing of Juvenile Record
"Contact an Attorney Immediately"
If a young person in your family has been charged with or is being investigated for a juvenile crime, please feel free to call us. It is critical that your youngster gets help from an attorney immediately.
The Moore Law Firm has a long history of aggressively and successfully defending individuals accused of crimes in California. The firm is dedicated to vigorously protecting the rights of their clients and achieving the best possible results. The firm's founder, Randy Moore, is a criminal trial attorney with experience in seriously defending clients and has the reputation as a tough courtroom attorney and successful legal strategist. Our Law Firm represents clients throughout Northern California (CA), including the County of Santa Clara, San Mateo, Monterey, Santa Cruz, the San Francisco Bay area, and all counties in Northern California and the Central Valley, including Fresno County and San Joaquin County, Modesto. Some of the larger cities are: Los Gatos, Santa Clara, Sunnyvale, Saratoga, Palo Alto, San Jose, Santa Cruz, San Mateo, Redwood City, San Francisco, South San Francisco, Fremont, Pleasanton, Oakland, Fresno, Redding, Modesto, Hollister, Salinas, and San Jose.
Some Facts and Information about the Juvenile Criminal System
From a report prepared by Clifton Curry under the supervision of Craig Cornett. For information about this report call Mr. Curry at (916) 445-4660. For additional copies contact the Legislative Analyst's Office, State of California, 925 L Street, Suite 1000, Sacramento, CA 95814, (916) 445-2375.
Difference Between the Juvenile and Adult Justice Systems. California's juvenile justice system is different from the state's adult justice system. This is because society recognizes that many juveniles need to be treated differently from adults. Generally, the juvenile system emphasizes treatment and rehabilitation, while the adult system concentrates on punishment of offenders. The juvenile justice system also consists of a large number of nonlaw enforcement agencies. Social services agencies, schools, and community-based organizations all provide services to both juveniles "at-risk" of committing crimes and to juveniles who have committed crimes.
Juveniles Account for a Significant Number of All Arrests
1993
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In 1993, juveniles accounted for 16 percent of all felony arrests in California.
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Juveniles accounted for 26 percent of all property arrests and 14 percent of violent crime arrests, in 1993.
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In 1988, juveniles accounted for 24 percent of property arrests and 12 percent of violent arrests.
Most Juvenile Felony Arrests Are for Property Crimes
1993
How Many Juveniles Become Repeat Offenders?
Findings:
What Is Juvenile Crime?
In its simplest definition, "crime" is any specific act prohibited by law for which society has provided a formally sanctioned punishment. This also can include the failure of a person to perform an act specifically required by law.
Types of Offenses. Crimes, whether committed by adults or juveniles, are classified by the seriousness of the offenses as follows:
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A felony is the most serious offense, punishable by a sentence to a state institution (Youth Authority facility or adult prison). Felonies generally include violent crimes, sex offenses, and many types of drug and property violations.
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A misdemeanor is a less serious offense for which the offender may be sentenced to probation, county detention (in a juvenile facility or jail), a fine, or some combination of the three. Misdemeanors generally include crimes such as assault and battery, petty theft, and public drunkenness.
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An infraction is the least serious offense and generally is punishable by a fine. Many motor vehicle violations are considered infractions.
Many types of crimes in California can be charged as either a felony or a misdemeanor (known as a "wobbler"), or as either a misdemeanor or an infraction.
Juveniles, like adults, can be charged with a felony, a misdemeanor, or an infraction. However, as we discuss later, juveniles can also be charged with offenses that are unique to youth.
Categories of Crimes. In general, felonies, misdemeanors, and infractions fall into one of three broad categories: violent, property, and drug-related. Violent crimes refer to events such as homicide, rape, and assault that result in an injury to a person.
Property crimes are offenses with the intent of gaining property through the use or threat of force against a person. Burglary and motor vehicle theft are examples.
Drug-related crimes, such as possession or sale of illegal narcotics, are generally in a separate category altogether. This is because such offenses do not fall under the definition of either violent or property offenses.
The Juvenile Justice System Is Different. The juvenile justice system has evolved over the years based on the premise that juveniles are different from adults and juveniles who commit criminal acts generally should be treated differently from adults. Separate courts, detention facilities, rules, procedures, and laws were created for juveniles with the intent to protect their welfare and rehabilitate them, while protecting public safety.
Under certain circumstances, youthful offenders can be tried either as juveniles or as adults. But even in these situations, their treatment is different from that of adults. For example, a juvenile who is arrested for an "adult" offense can be adjudicated in either juvenile court or adult court; if convicted, he or she can be incarcerated in either a county or state correctional facility or left in the community; and if incarcerated, he or she can be placed with either other juveniles or adults. In contrast, an adult charged with the same offense would be tried in an adult court; if convicted, he or she would be incarcerated by the state and would be housed with adults.
Legal Categories of Juvenile Offenders. Juvenile offenders are generally placed in one of four legal categories depending primarily on the seriousness of the offense committed (see page 6). Two of these categories ("criminal offenders" and "juveniles remanded to superior court") are for juveniles who have committed adult-like crimes. The other categories ("informal probationers" and "status offenders") are for youth who have committed less serious offenses or offenses unique to juveniles, like curfew violations.
Legal Categories of Juvenile Offenders
Attorney Profile:
Find out more about Juvenile Crimes Defense Lawyer Tanya Levinson Moore
Who Is Treated As a Juvenile in California?
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Generally, any individual age 18 or older is considered an adult and treated as such in California. Depending on the circumstances, however, someone as young as 14 can be tried in the adult court system and sentenced to the California Department of Corrections (CDC) and housed in the California Youth Authority (CYA); and if 16 years old, one can be sent to prison. On the other hand, someone as old as 24 can be incarcerated as a juvenile in the CYA.
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There are over 6,000 offenders incarcerated in the CYA who are age 18 or older. The CYA can accept juveniles younger than age 12 after a review by the CYA Director: however, these offenders generally are kept in the community under county probation supervision.
California's juvenile population is projected to grow over 20 percent in the next decade (through 2004).
The number of juveniles age 11 through 17--the ages of juveniles responsible for 99 percent of juvenile arrests--will increase 33 percent in the next decade.
In each year between 1994 and 2004, it is estimated that there will be 2 to 3 percent more juveniles in the age-group most likely to commit crime. In contrast, in the last five years, this age-group experienced an average increase of 1 percent a year.
Estimated Number of Juvenile Felony Arrests Through 2004
Based on the juvenile arrest rates for the past five years and using population projections for juveniles for the next ten years, we estimated the likely growth in juvenile arrest rates through 2004.
We estimate that the number of juvenile arrests will increase over 29 percent over the next ten years, even if arrest rates stay the same. This assumes that the population of 11 through 17 year olds grows from 2.9 million in 1993 to 3.9 million in 2004.
The number of arrests for violent crime are estimated to increase over 28 percent through 2004, from 21,590 juvenile arrests in 1993 to over 35,000 juvenile violent arrests by 2004.
Our estimate projects the number of arrests there will be over time. If the arrest rate increases in the future, as it has over the past five years, there would be even more arrests.
California's Juvenile Arrest Rate Is Higher Than the National Average
Historically, California's juvenile arrest rates have been significantly higher than the national average.
National trends are similar to California trends, but they are much less pronounced.
In 1992, California's juvenile arrest rate was five times the national average. There are several reasons for this difference, including how different states count juvenile crime. For example, in some states, juveniles age 16 or older who are arrested for felonies are counted with adult arrests; in California, these youth would be counted as juvenile arrests. In addition, California's arrest rates include all felony and misdemeanor arrests, while some states may not include all juvenile misdemeanor arrests. Consequently, we believe national statistics are likely to be understated relative to California data.
Juvenile Felony Arrest Rates Vary Among California's Counties
If you need the assistance of experienced and assertive California attorneys,
call the Law Offices of Moore Law Firm now for a free initial consultation.
(408) 298-2000
Attorney Profile:
Find out more about Juvenile Crimes Defense Lawyer Tanya Levinson Moore
JUVENILE CRIMES
Los Gatos Criminal Defense Lawyers: Juvenile - Defense of minors
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