Immediate Juvenile and Adult Criminal Defense.
Being a second striker means that you have faced one previous conviction, with serious or violent felony charges.Thus, you must have completed your sentence and were released from jail, leading to a second opportunity to commit a crime. Engaging in a felony that attracts a strike record again will open a new trial. If the presiding judge or jury finds you guilty of a second-time offense, you will become a second striker.
Subsequently, the strike law provisions direct the judge to enhance your sentence for the crime in question, to make it double the original penalty set for the conviction. For example, if you are found guilty of extortion, which is a serious felony, you will face eight years in prison, instead of the usual four years in section 518 of the Penal Code. The double sentence arises because of your previous criminal record involving another strike felony, like carjacking or rape. As long as the prosecutor can prove that your criminal record in the prior crime is valid, you will receive a sentence under the strike laws.
Before beginning the trial, you need to get into contact with Juvenile Defense Attorney Patricia Hattersley who will provide a FREE CASE REVIEW and provide you comprehensive and detailed information concerning your case and the defenses available depending on your case. At Immediate Juvenile Defense – Law Offices of Patricia Hattersley, we are committed to providing immediate and effective juvenile defense legal services to all our juvenile clients who face criminal charges within the three-strike law.
Since 1983, we have work outed negotiations with prosecutors to ensure that our juvenile clients do not receive harsh and unwarranted penalties derived from the improper use of the three-strike laws.
Having Juvenile Defense Attorney Patricia Hattersley on your side will made an important difference in the outcome of your case. Juvenile Defense Attorney Patricia Hattersley has extensive criminal trial experience in adult court and has many years of experience defending minors in the Juvenile Court System.
Finding yourself on the wrong side of the law for the third time often indicates a lack of concern for the general rule of law, according to most prosecutors seeking to prove that you are guilty of the charges you face. As a third striker, you will have met two previous convictions for violent or serious felonies, which could be any of the listed illegalities above.
If you face charges for a crime that does not fall under the dangerous or violent felony category, but still have a previous two-strike record, you will meet the sentencing guideline availed to a two striker defendant. Consequently, your sentence will be double the usual penalty issued to any person guilty of the crime
California’s Three Strikes sentencing law mandates that an individual who has been convicted of three serious or violent felonies receive a sentence of 25 years to life. In juvenile court, a juvenile strike is treated differently than an adult strike. … If it counts as a third strike, a life sentence may be given.
When you engage in sexual offenses that result in registration as a sex offender as an additional penalty, the judge will consider this a severe violation and move you to the enhanced penalty category. It is immaterial that your offense does not amount to a violent sex crime, as long as registration is mandatory for anyone found guilty of the offense.
If you are facing a possible third striker, speak with Juvenile Defense Attorney Patricia Hattersley. Having Juvenile Defense Attorney Patricia Hattersley on your side will made an important difference in the outcome of your case. Juvenile Defense Attorney Patricia Hattersley has extensive criminal trial experience in adult court and has many years of experience defending minors in the Juvenile Court System.
When someone under 18 is accused of breaking the law, the case is usually handled in juvenile justice (or delinquency) court. This is very different than the adult criminal court. This section provides basic information and an overview of the juvenile court process.
The Probation Department or the District Attorney can file the petition. A petition asks the court to get involved. It says what the state thinks the youth did. It is the judge’s job to decide if the petition is true. The youth and their parents have the right to get a copy of the petition. Usually, victims and others do not have a right to a copy. The petition says what the child is accused of. It does not mean the youth is guilty.
If a youth is accused of committing a serious offense as a 16 or 17-year-old, the district attorney could ask that they be tried in adult criminal court. Serious offenses usually involve violence or weapons. For example, murder, rape, or crimes with a gun.
There are big differences between juvenile court and adult court. If the state wants to try a youth as an adult, they can be sent to adult prison(CDCR) if found guilty. Or, if after the Transfer Hearing (see information below) the judge orders they stay in juvenile court, they could be sent to the Division of Juvenile Justice, until it is closed on June 30, 2023.
The District Attorney’s Office files this petition. It says that a child did something that would be a crime if they were 18 or older. This can be a felony, like breaking into a home, drug sales, rape, or murder, or a misdemeanor, like assault or drunk driving. If the judge decides the petition is true, the child becomes a “ward” of the court as a “delinquent.” What happens to the youth, the “punishment”, depends on what the youth did.
There is another type of petition, the 601 Petition. This is a less common type of petition. It says that a child ran away, skipped school, broke curfew, or continuously disobeyed their parents — things that are only against the law because they are done by children. If the judge decides the petition is true, the child can become a “ward” of the court and be called a “status offender.”
This is the first court date. It’s similar to an arraignment in adult court. At the hearing, the youth
Gets a lawyer if they don’t already have one
Is told what they are accused of
Can enter a plea (for example, admit or deny what they’re accused of)
If the youth is in custody, the judge will decide if the youth should be kept in custody or stay at home. Unlike in adult court, there is no “bail”.
Parents can ask to talk to the judge. The youth’s lawyer will speak for the youth. Victims may also speak to the judge. The judge may also ask people in the courtroom questions or some may be a witness. The district attorney will speak for the government.
If you don’t understand or speak English well, you can ask for an interpreter. Ask the court for one before the hearing date.
These court dates may have different names, like a status or a settlement conference. The purpose is to see if the case can be settled or needs to go to trial. The attorneys can also discuss any issues about evidence (discovery). If one of them needs the judge to make a legal decision, they can file a motion to ask the judge to make a decision about an issue.
If a youth is accused of committing a serious crime when they were at least 16 years old, they may have a court hearing so a judge can decide whether they should be tried as an adult in adult criminal court or stay in juvenile court.
This is when a trial can happen. Or, the youth may admit some or all of the charges instead of having a trial. If the youth does admit, their lawyer will help them with what to say.
If there is a trial, the judge decides if the youth did what they’re accused of. There is not a jury trial. The District Attorney must prove the youth did what they’re accused of beyond a reasonable doubt. The youth’s attorney will put on a defense.
If the judge decides there’s not enough evidence to say the youth did what they’re accused of, the case will be dismissed. The youth can go home. If the judge decides the youth did what they’re accused of, then the judge will decide what should happen (the “punishment”). This could be the same day or a later date.
At the disposition hearing, the judge will read a report written by the youth’s Probation Officer. It may include statements from the youth, their parents, and others. If there is a victim, they may go to the hearing and speak. The victim (and the parents if the victim is a child) will get a notice about the hearing.
The judge may let the youth stay home but put them on probation. For example, the judge may:
Order the youth to stay at home with probation supervision for up to 6 months
Order the youth to stay home with formal supervision from a probation officer. The judge will set up the formal supervision and set rules the youth must follow.
If the youth is put on probationThe probation officer will enforce the court’s orders. The officer will keep an eye on the youth to make sure they obey the law and follows the terms of probation. The officer will try to get the youth involved in school and community programs, and in job training or counseling. The officer may meet with the youth once a month or more often.
The judge may also decide the youth can’t live at home. The judge may:
Put the youth on probation and order that they live with a relative, in a foster home or group home, or in an institution. A probation officer must find a place for the youth to live.
Put the youth on probation and send them to a probation camp or ranch
Order the youth to a Secure Youth Treatment Facility
In rare cases, rather than transfer the case to adult criminal court, send the youth to the Division of Juvenile Justice (DJJ)
Sometimes there are hearings to see how the youth is doing in their placement. Anyone who participated in the previous court hearings has a right to attend a review hearing.
The DJJ provides education and trauma informed treatment to California’s youthful offenders up to the age of 25 who have the most serious criminal backgrounds and most intense treatment needs.
Most juvenile offenders today are committed to county facilities in their home communities where they can be closer to their families and local social services that are vital to rehabilitation.
Realignment gradually transfers the responsibility for managing all committed youth housed at the Division of Juvenile Justice (DJJ) from the state to local county jurisdictions. The realignment of DJJ services to the counties will eventually bring about the end of the state’s juvenile justice operations. DJJ is no longer accepting new commitments effective June 30, 2021, with some exceptions defined in SB 823.
SB 92 sets a defined closure date of June 30, 2023 for all DJJ facilities. This builds on the Administration’s commitment to providing more treatment and rehabilitative services for youth closer to home.
In recognition of the impacts the closure will have, a DJJ Realignment/Closure Portal has been established to provide useful information to staff, families, and community partners.
DJJ provides academic and vocational education, medical care, and treatment programs that address violent, criminogenic, and sex offender behavior, as well as substance abuse and mental health needs while maintaining a safe and secure environment conducive to learning.
Youth are assigned living units based on their age, gender, and their specialized treatment needs. The population in each living unit is limited and staffing levels ensure that each youth receives effective attention and rehabilitative programming.
The Integrated Behavior Treatment Model constitutes the framework for DJJ’s programs. It is designed to reduce institutional violence and future criminal behavior by teaching anti-criminal attitudes and providing youth with personal skills to better manage their environments.
DJJ staff from every professional discipline work as a team to assess the unique needs of each youth and to develop an individualized treatment program to address them. Through collaboration with the youth, the team administers a case plan that takes advantage of each youth’s personal strengths to maximize treatment in other areas of their life and reduce their risk of re-offending.