Senate Bill 1038 and dismissing juvenile petitions under WIC 782- changes to the law

WIC 782 is a section that juvenile defense attorneys know well: it allow us to obtain dismissals of charges if a judge finds it is in the “interest of justice.” The new version of the law will remove the restriction that 782 motions must be granted before the person turns 21 years of age.

The new law will also require that a juvenile’s record be automatically sealed if the person “satisfactorily completes” their conditions of probation under 654.2 or 725.

Check out the bill here.

News Analysis: Barring Mandatory Life Juvenile Sentences

From the New York Times:

The Supreme Court’s recent ruling barring mandatory life sentences for juveniles convicted of murder was the sharpest indication to date of a shift in how the American judicial system views young felons — from irredeemable predators to victims of circumstance with a potential for rehabilitation.

The opinion by Justice Elena Kagan did not outlaw all life sentences without parole for juveniles but discouraged it, stating that given all that the court had learned in recent cases “about children’s diminished culpability and heightened capacity for change, we think appropriate occasions for sentencing juveniles to this harshest possible penalty will be uncommon.”

Read the full article here

Gang Related News aggregator site

Click here to view the Gang-Related News Articles page. This page provides a list of articles pertaining to gangs and gang-related activities from various U.S. and Canadian news sources. A link to the source of each article is provided. The list of articles can be refined by date and limited to a specific state or Canadian province or territory.

Juvenile Record Seal in Sacramento

Get Your California or Sacramento Record Sealed

If you have a sustained petition from juvenile delinquency court you may be able to have your “record sealed.” Welfare and Institutions Code Section 781 provides that a person may have their record sealed. A record seal legally “erases” your prior history and may be required for employment or to enlist in military. If your juvenile record does not have serious or violent felonies you may be able to have it sealed.

Juveniles are not “found guilty”; the correct terminology is that “charges were sustained.” Many different agencies may have records pertaining to incidents. A record seal will direct these agencies to “seal” their records. The judge may also declare, if the record seal is granted, that the charges for all intents and purposes “never happened.” Court records, sheriff, police, Department of Justice, and Probation Department records will be sealed.

When records are sealed, a person may legally state that he/she has no prior juvenile record.

Some people are under the mistaken impression that all juvenile records are automatically “sealed” or “dismissed” when a person turns 18. However, that is not the law. You must petition the court to seal your records in many cases.

If you are interested in having your record sealed in the Sacramento region and Northern California, you may contact the Law Office of Mark S. Mayfield at (916) 363-1211 or click HERE. We charges a very reasonable flat rate fee, and successfully have sealed hundreds of cases over the last 20 years. Don’t let a youthful indiscretion hinder your future! Call for a free consultation.

An affordable and experienced Sacramento juvenile law attorney

Sacramento juvenile defense attorney Mark S. Mayfield provides expertise, experience and effectiveness at a reasonable price in the Sacramento region. Call my office at (916) 363-1211 or toll-free at 1 (800) 492-3940 for a free consultation if you need legal assistance for your child. Whether you need defense against criminal charges or assistance with sealing a juvenile record, the one thing you really need is a qualified attorney to represent your child. With over 19 years of juvenile defense experience and thousands of hours in court, attorney Mark S. Mayfield will provide you with valuable information and representation.

“Expertise, Experience, and Effectiveness.”

Click here to contact attorney Mark S. Mayfield NOW.