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San Jose CA criminal defense attorneyThe goal of the juvenile justice system is slightly different than that of the adult justice system. It is widely accepted in the legal world that juveniles have more of a capacity for change than older individuals, which is why the juvenile justice system is heavily focused on education, rehabilitation and prevention. California recently passed a law that will prevent juveniles of a certain age from being transferred to adult court for any charges.

New Law Keeps More Minors in Juvenile Court

The new law, Senate Bill 1391, states that all minors who are under the age of 16 must be tried in juvenile court - not adult court. This applies to all charges, even murder charges. This law was passed by California Governor Jerry Brown in September 2018 and will go into effect in 2019. The goal of this law is to help rehabilitate juveniles who are charged with crimes rather than just punish them.

Current Law Allows Juveniles to be Transferred to Adult Court

As the law stands right now, cases involving juveniles who are 14 or 15 years-old can be moved to adult court upon request of the District Attorney and approval by a judge. This new bill prohibits this practice and requires that all cases are heard in juvenile court. Proponents of the new law state that this greatly helps not only the juveniles but society, as well. It is known that teenagers’ cognitive capabilities are not fully developed, leading them to have a reduced ability to determine right and wrong or to realize the long-term consequences of their actions.

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San Jose criminal defense attorneys, San Jose arrest,  misdemeanor charges,  felony crime allegations, San Jose criminal chargesYou may think of getting arrested as something that only happens to serious offenders or to those who live a life of crime. However, thousands of otherwise hardworking, honest people in our area end up behind bars each year. Whether you are detained for only a few hours or for several days, any amount of time spent in jail can be a traumatic experience.

What you say and do during this time can have a major impact on the likelihood of a conviction, which is why you need to get an experienced San Jose criminal defense attorney on your side right away. We can guide you through the legal process while ensuring your rights are protected. 

The Odds of Getting Arrested in San Jose

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arrest warrant, San Jose criminal defense attorneys, misdemeanor crimes, San Jose criminal charges, criminal chargesHearing that an arrest warrant has been issued against you may send you into a panic. You may envision being pulled over for minor infractions and being taken to jail after the warrant is discovered, or having the police show up at your home or place of business. While these scenarios do occur, the fact is that actions taken by law enforcement largely depend on the specific criminal charges and the circumstances surrounding a person's case. An arrest warrant is nothing to take lightly, however, and is something you should consult an experienced criminal defense attorney on right away to ensure your rights and best interests are protected.

California Arrest Warrants

An arrest warrant can be issued whenever the law is broken, whether it involves a traffic ticket, a white collar crime such as fraud or embezzlement, or more serious and violent criminal offenses. Under the California Penal Code, a law enforcement official can arrest you at the scene immediately if he or she sees a crime has been committed. Or, an officer can request an arrest warrant from the court based on the evidence in your case.

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