Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

        Avvo
Call for a free case evaluation.
559.441.1418

Contact Us

Send us a quick email

Please type your full name.
Invalid email address.
Invalid Input
Invalid Input
Enter Code
Invalid Input

If your child has been arrested you will have a lot of questions and it is imperative that you get the help of an experienced juvenile defense attorney.  I have obtained knowlege of the Juvenile Justice System from many different angles having been a Juvenile Corrections Officer, Probaiton Officer, and Deputy District Attorney as well as a Criminal Defense Attorney

with 16 years of experience in the Juvenile Justice system.  

below I will be giving an overview of the system in Fresno; however, this overview can be applicable to the system in other counties as well  

ARREST:

Juvenile accused of committing crimes will have contact whith law enforcement the officer will either cite and release the minor or take him or her to Juvenile Justice Center for booking.  If the minor is cited then he will either have to appear in Juvenile Court or will have to meet with a probation officer.  

The officer can arrest and then realease to a parent or guardian.  

nex the minor if tanken to the juvenie justice center will be taken into custody and booked

BOOKING/CUSTODY

The minor will be interviewed

a brief medical assesment

the minor will be assed to see if he is a danger to himself or others and if he has ganb membership or affiliation and the juvenile will be assigned to a housing pod based on the results of the interview and other determinations.

CUSTODY HOUSING PODS

After the juvenile is booked they are assigned to a housing pod.  This will be based upon where the minor wil be safe any gang involvement and other factors that affect the minors needs.  

the minors charges are also assessed to find out where the minor would be best served and how to best serve the minor. 

FIRST HEARING IS THE DETENTION HEARING

After a minor is arrested the Juvenile Court or the arresting agency has 24 hours to file a petition, what is referred to as a complaint in the adult system if ithe crime is a felony they have 48 hours.  this excludes holidays and weekends.  the charges are outlined in what is called a petititon not a complaint.  Sometimes the District Attorney will decide not to file charges against a minor and the minor will be released with no charges filed.  If the case does not proceed whithin the time frame then the minor must be released from custody.  Therefore if the cases does not go to adjudication within the 10 days then there must be a  release of the minor even if the case will be refiled by  the District Attorney at a later point.  

At the detention hearing the charges will be read the minor will be appraised of his or her rights and an Attorney will be present on behalf of the minor. 

ADJUDICATION HEARING (COURT TRIAL)

Again within 10 days of the detention hearing the court trial must begin for the minor unless there is some type of time waiver.  This will depend on the nature of the charges and the decisions of the Attorney.  Minors are not entitled to a Jury Trial  many of the other rigths are afforded to minor that are similiar to the rights of an Adult. 

DISPOSITION/ SENTENCING

A disposition hearing is what is referred to as a sentencing hearing in adult court.  

there will be a probation report prepared by the probaiton officer and there will be all parties present during this hearing.  The Judge will make his decision on what should happen to the minor based upon the imput of all the different parties.  

If after reading this article you still have question give our office a call at 559441-1418.

 

 

 

 

 

 

 

If your child has been arrested or detained at Juvenile Hall you will have a lot of questions about the process of Juvenile Court and exactly what will be happening, and about the process both you and your child will be going through.  As a former Juvenile Corrections Officer, Juvenile Probation Officer and Attorney with more than 15 years of experience in Juvenile Law I can help you.  If you have questions after reading this article give us a call at 559-441-1418. and we can get you and your child through this. 

 

ARREST AND DETENTION

The first thing that will happen that will bring your child into the system is that they will be arrested or detained.  What that means is that there has been an allegation of the kid breakin some law of city ordinance.  

The officer will either cite the child with a date to go to Juvenile Court or the child will be detained at the Juvenile Justice Center and brought to court within 48 hours for a Detention Hearing. One main difference between adult and Juvenile Court is that there will not be the right to bail at this stage of the proceedings. 

WHAT IS A DETENTION HEARING AND WHAT HAPPENES THERE?

In Juvenile Cour the charging document is calleda  petition.  Meaning that will outline the charges against the minor and what the allegations of the law violations are exactly.  The court must find that there is a prima facia case that a violation of the law has been allged in the police reports.  The minors counsel could stipulate to the prima facia case if  the reports appear to accurately allege a crime has been committed in the petition.  

There are several things that happen at a detention hearing.  One of the first things  that will happen is that an Attorney will be provided to the minor if you cannot afford one. 

Next a detention memo will be prepared by the court to determine if the minor should be detained at JJC, released on the monitor or returned to the parent pending the outcome of the hearings.  

From this point on certain rights come into play the right to an Attorney the right to a speedy trial, although unlike the adult courts there is no right to a public Jury trial in fact all proceedings are confidential to protect the minor. 

Also there are strict time limits within things can happen in the Juvenile Court such as 15 days after the detention the Adjudication must be heard.  If the minor is sleeping at home or out of custody then the minor will have the right to an Adjudication within 30 days. 

Also at the detention hearing the court will make the decision regarding wether the minor will be housed at JJC many factors go into this consideration such as school performance prior history and other factors such as risk to the community and seriousness of the charges.  

WHAT IS AN ADJUDICATION HEARING?

An adjudication hearing is the terminology used in Juvenile court for a hearing that is a juvenile trial.  At that hearing the minor does not have the right to a public or Jury trial.   A Judge will be the sole arbiter of the hearing and  will make the decision as to the truth or veracity of the charges called a petition agains the minor.

Your child will have all the other rights that would he would have if the minor was being charged in adult court.  Therefore, you need an attorney who is experienced in both Juvenile and adult court to properly represesent your child.  If you have question after reading this article give us a call at 559-441-1418.  

 

 

If your child has been arrested or charged with a crime in Juvenile court you need experienced counsel that has practiced in  Juvenile Court.  There are differences between adult and Juvenile Court that only an experienced Attorney that is used to practicing in Juvenile Court will know.  As a former Juvenile Probation Officer and an Attorney that has practiced in Juvenile Court for more than 15 years I can help your child out.  If you have questions after reading this article give our office a call.  559-441-1418. 

WHAT ARE SOME OF THE DIFFERENCES BETWEEN JUVENILE AND ADULT COURT?

One difference is there is no bail in the Juvenile Court.  Instead there is what is referrred to as  a Detention hearing there the Distsrict Attorney must show there is a prima facia case and that the minor should be detained in Juvenile detention pending the outcome. The minor could be released to parents or placed on the gps system to ensure that he is going to school 

JURY TRIAL

There is no right to a jury trial in the Juvenile court the court will hear any evidence that there is in what is called a dispoition hearing.  At that hearing most of the rules of a trial are in play except for a few.  And a Judge is the sole decision maker rather than picking 12 jurors.  

TIME LIMITS

In Juvenile Court the time limits are much different 15 day limits on in custody minors and thirty day limits on out of custody minors.  This is unless there is some kind of time waiver.  

CAN A MINOR BE TRIED IN ADULT COURT?

The short answer to that is yes but only if certain criteria are met.  The minor has to be 16 or older. And the minor has to go through a transfere hearing where the court will decide by a preponderance of evidence if the minor is emenable to treatment at the Juvenile level.  

The court will look at several factors including the level of sophistication shown by the minor how involved in the underlying crime the minor was and if the minor can be rehabilitated before the age of 25 when the juvenile court jurisdiction terminates.  If the minor is being tried as an adult this is a very serious matter the minor if tried as an adult could be subjected to much more time.  For example if the minor is charged with a homicide and is currenlty 17 he could be held until 25 if in Juvenile Court.  whereas if he is tried as a juvenile then he will be subject to first or second degree murder which could subject him to the rest of his life in prison.  

There is no changes to this law above that made many more minors able to be in juvenile court.  We have had success under these new guidelines keeping the minor in Juvenile court and stoping them from being subjected to life in prison.  This gives the minor the chance to be rehabilitated at the local level and can help minors turn there lives around.  Many minors are being held in Juvenlie Court now instead of being transferred due to the changes in this law.  There the juenile court judges that are more experienced with juvenile matters can find alteranatives to decades long imprisonments for even first time offenders and better serve the needs of the minor and the community.  In the past other Judges would get the cases that may not have the experience with more youthful offenders.  

 

So as you can see this can be a complex area of the law if you have any questions give us a call at 559-441-1418.

 

 

If you have more than one DUI you could be facing vastly more serious conseuquences for second and third DUI's.  If you have questions after reading  this article please let me know and we can schedule a confidential case evaluation, and determine what your best course of action is.  

WHAT ARE THE PENALTIES FOR SECOND OFFENSE 23152?

Whithin 10 years (Vehicle Code section 13352, 23536, 23538) the following are some maximum and minimum fines jail time, payments etc that you could be facing on multiple dui counts.  90 days to one year in jail.  $390.00 to $1,000.00 fine.  and a 2 year drivers license suspension.  If granted probation it could be up to 5 years.  

THIRD OFFENSE DUI? VEHICLE CODE 23152 Within 10 years (Vehicle Code 13352, 23546, 23542)

The third offense DUI has a jail penalty of 120 days up to 1-year in jail, or $145.00 dollar fine to $1,000.00 fine or both and a 3 year license revocation.  If granted probation it could be up to 5 years.

RECKLESS DRIVING (REDUCED FROM DRIVING UNDER THE INFLUENCE(VEHICLE CODE 23103.5)

I understand that the following is the mininum and maximum sentence I can recieve for the offense above.  5 days to 90 days in jail. or $145.00 to $$1,000.00 fine or both If alcohol or drugs are involved, this conviction will act as a sepeate dui conviction fi a committ a subsequent DUI offense within 10 years.  If granted probaton it could be up to five years.  

If you or a loved one needs help sealing a record after an arrest but not a conviction give us a call.  As a former probation officer district attorney and attorney with more than 15 years of criminal defense experience I can help you with this process.  

If you have been convicted or have pled guilty to a crime the sealing of records is not the process for you.  That would be the expungement process which is a completely different process in the law. 

There have been many changes to the law in the last several years in the state of California regarding arrest that did not lead to a conviction and the effect of that.  The sealing process I will explain below deals with the arrest but not conviction and public rather than Law Enforcement uses.  It should be stated that law enforcement will always be able to see your arrest even if the law enforcmement agency did not file charges or charges were dismissed. 

Below I will go through the old law and the changes and the processs to get your record sealed. 

OLD LAW

The way the law stood in the past was that if you were arrested and not convicted or no charges were filed you would have to file a 851.8 motion get a court date and convince a Judge you were "factually innocent" of the charges.  Then the record could be sealed the burden was on you and you would have to show the statute has run out that you were factually innocent and then the public record of the case would be sealed and that means that even if you were completely innnocent of the crime there would permanently be a record of this crime that people could see including potential employers, apartment rental agencies etc.  

CHANGES TO THE LAW 851.87

Penal Code section 851.87  gives people the right to have an arrest record sealed as long as there arrest did not result in conviction.  This means an arrest did not end in a conviction under the following circumstances. 

No charges were filed

Charges were filed but later dismissed

Charges were filed but the defendant weas acquitted (found not guilty) at trial

The defendant was convicted but the conviction was later vacated or reversed on appeal

Charges were dismissed after the defendant succesffully completed a pretrial diversion program such as drug diversion. 

Under the old law the burden was on the person bringing the motion to prove that they were "factually innocent"  under the new law the burden is on the prosecution to show the person should not be given the relief. 

REASON FOR NOT GRANTING RELIEF

There are exceptions to this new law such as a pattern of domestic violence or if a person is a sex offender, so forth the government has the burden to show the person is not eligible.  Also if you still may be charged with the offense then you may not seek relief under this new law. 

EFFECT OF SEALING

The effect of sealing your record means that the public will no longer be able to view the arrest.  Law Enforcement will still be able to view the arrest and it can be used for certain sentencing matters in later criminal proceedings.  

There is separate legislation that has passed recently dealing with how private individuals such as employers and apartment complexes can use an arrest but not a conviction if you have questions about that you can view the blog that deals with that type of situation.  If you have questions please give us a call and we can get you through this.  559-441-1418.

 

If you are arrested for a DUI  you will have a lot of questions.  As a former deputy district attorney and a criminal defense attorney I can help you through this.  Below I will be going through some of the consequences for a first and second time DUI as well as some of the Reckless driving consequences.  If you have any questions after reading this blog please let us know at 559-441-1418. 

CONSEQUENCES OF PLEA OF GUILTY OF NO CONTEST 23153

First or Second Offense Vehicle Code section 23153, whithin 10 years.  (Vehicle Code 13352, 23554, 23560) 90 days to 1  year in jail $390.00 dollar fine to $5,000.00 fine and a 1 -year, or 3 year license suspension, if granted probation it could be up to 5 years. 

FIRST OFFENSE VEHICLE CODE 23152 

If granted probation 96 hours to 6 months in jail $390.00 to $1,000.00 fine and a 6 months in jail.  If granted probation can be for up to 5 years.  

SECOND OFFENSE VEHICLE CODE SECTION 23152 WITHIN 10 YEARS (VEHICLE CODE 13352, 23540 23542) 

I the following is the minumum and maximum sentence you can recieve for the offense stated above 90 days to 1-year in jail, $390.00 to $1,000.00 dollar fine and a 2 year license suspension If granted probation it could be up to 5 years.  

THIRD OFFENSE VEHICLE CODE SECTION 23152 within 10 years (vehicle Code section 1332 23546, 23542) 

120 days to 1 year in jail $390.00 fine to $1,000.00 fine and a 3 year drivers license revocation.  If granted probation it could be up to 5 years.  

RECKLESS DRIVING REDUCED FROM DRIVING UNDER THE INFLUENCE (VEHICLE CODE 2310.5) 

5 days to 90 days in jail, or a $145.00 to $1,000.00 fine, or both.  If alcohol or drugs are involved this conviction will as a seperated DUI conviction if a committ a subsequent DUI offense whithin 10 years.  

THE DMV PROCESS

The above are the consequences in court there will be further consequences when you are involved with the DMV you should consider that an entirely different court system or the equivelant of another court system.  There could be drivers license consequences as well. 

After you drivers license that the police gave you runs out for example after 30 days.  You will be on a hard revocation period for a first time offense of 30 days.  This is unles you have requested a dmv hearing and then the revocation will take effect after the results of that hearing.  

After that 30 day revocation period you will have to obtain an sr 22 from an insurance agent pay $125.00 and enroll in a dui program to get your license back.  When you get your license back and then you enter a plea you will be on suspended status for a period of up to 4 months but you will be able to drive to and from your dui class and to and from work.  This will enable you to keep employment and to continue to support yourself.  As you can see this is a long process and you will need legal advice throughout this process probably the best thing to do is get legal advice right away befor the process can bog you down and you can make mistakes that could cost you your license and your ability to support yourself.  If again you read this article and need help give us a call we have helped many people in the same circumstances you are in and we can defintely get you  through this tough time in your life and make sure you are represented properly and help you to be able to make a living and continue to help your family. 

If you need a weekend or a night appointment give us a call we have a service that will answere you phone call and put you in touch with me so we can answer some your questions 

559-441-1418

 

 

 

Schwab photo

Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

Schedule a Free
Case Evaluation

Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
View Map
Phone: (559) 295-0391
Website: