Los Angeles Criminal Defense Lawyer Blog

A case out of Rhode Island, In re Frances G. reminds Los Angeles juvenile defense lawyers just how daunting the criminal justice system can be for young people.

In this case, a 12-year-old girl was found to have committed a crime even though police enticed her to give a statement and third-hand testimony was allowed to be used against her at trial.

Juvenile charges in Los Angeles can range from less-serious theft cases to assault and murder. When teenagers and other young people are arrested, they are likely scared and don't know what to do. The best thing a parent can do is get them to an experienced lawyer.

Before making a statement to police, which can be used against him or her, the defendant should speak with a lawyer, who can give them sound legal advice that can help them in the future of the case.

In this case, the 12-year-old traveled in 2009 with her mother to a relative's house to recover some property. When the relative wouldn't answer, the mother and daughter continued knocking and using vulgar language. The relative then heard her daughter scream out "Willa is at your car with a brick."

The woman got out of bed and saw the vehicle driving away and noticed the front windshield of her car had been smashed, and that there were dents and scratches in the side of the vehicle.

Later that day, the girl was with her father when police contacted them and said they wanted to see the young girl. They voluntarily went to the police station and the officer told them he was investigating the incident from earlier in the day. He asked her for a "general breakdown of what transpired" before he gave her Miranda warnings. Miranda warnings are the rights that officers tell suspects that give them the opportunity to remain silent and telling them that anything they do say can be used against them in court.

After they spoke briefly, the officer gave her a printed form of her rights with her father by her side. She then proceeded to admit to damaging the vehicle and said she was completely responsible for it. She was found to be wayward in the Rhode Island juvenile court and was sentenced to one year on probation and 30 hours of community service.

On appeal, her attorneys argued that the relative shouldn't have been able to testify about what her daughter said she saw -- which is considered hearsay evidence. They also argued that the statement Frances gave to police shouldn't have been admitted because the statement violated her Fifth Amendment rights.

The Rhode Island Supreme Court, however, rejected both arguments and upheld the conviction for the girl. They stated that the "excited utterance" was admissible and that because she wasn't under arrest when she walked into the police station and because there was no evidence of coercion or threats, her statement to police should stand.

This shows that juveniles are given no additional leeway than adult criminal suspects in the eyes of the police, prosecution or judges. Therefore, ensuring that their rights are protected and that they have strong legal advice at all stages of the proceeding are necessary.

Continue reading "Juvenile Case Shows Kids Treated Like Adults in Criminal Cases" »

The Los Angeles Times recently reported about a crackdown on teens who were allegedly responsible for more than 1,600 pieces of graffiti vandalism throughout Los Angeles County.

Eight teens were arrested after search warrants were obtained for houses in several southwest Los Angeles County homes. Eight people, including one juvenile, were arrested and charged with being responsible for more than $100,000 in vandalism to schools, buses and rail systems, the Los Angeles County Sheriff's Department says.

Our Los Angeles Criminal Defense Attorneys note that, while graffiti is often seen as a petty crime, authorities in this case have slapped the defendants with six figures in damage claims. Los Angeles Juvenile Crimes can cause long-term problems for our teenagers, if they aren't properly represented in court.

According to the newspaper, the case grew out of a task force formed in July to attack tagging vandalism on Metro and Los Angeles Unified School District property, the sheriff's department said. The tagging crew was formed about eight years ago, but deputies say they tracked the crew using a database that keeps track of graffiti throughout the county.

Tagging crews are generally considered gangs and can be a gateway to gang-related activity and violence.

In California, law enforcement and prosecutors are able to enhance penalties against those charged with gang-related crimes, if they are able to prove that an alleged crime occurred and that it was the result of a planned gang activity. These enhancements can add years to a possible prison sentence.

While gangs can apply to people of any age, juvenile crimes apply to those who are 17 years or younger. The intention of the juvenile justice system is to rehabilitate the defendant, not punish them for the crime they have committed.

But not all juveniles are put into the juvenile system. The state has the discretion to charge some juveniles as adults, depending on the severity of the crime and the defendant's criminal history.

An experienced and aggressive Los Angeles Criminal Defense Attorney can work to persuade a prosecutor that the juvenile deserves to be put into the juvenile system rather than the criminal system, depending on the circumstances. This is beneficial to the teenager because they face work camps and community service and other less-serious punishments rather than spending time in jail and prison with hardened criminals.

The penalties a juvenile faces not only include what the justice system imposes, but also can lead to long-term consequences. A criminal conviction can prevent students from graduating high school, keep them out of being qualified for scholarships or entry into college or the armed forces.

That's why aggressively fighting the charges is so important for juveniles, in order to make sure they can live productive lives. A diligent criminal defense attorney will challenge all aspects of a case, including the witnesses, reports and other evidence the state attempts to introduce at trial.

Continue reading "Arrests of L.A. County Tagging Crew Members Highlights Need for Juvenile, Gang Defense" »

The Los Angeles Times says a 16-year-old from Santa Monica was arrested recently for making homemade explosives.

The newspaper reports that officers were conducting a routine probation check recently at the boy's apartment in the 1100 block of 12th Street near Wilshire Boulevard. Apparently, they found a three-inch PVC pipe bomb and firecrackers.

While these are serious charges, juvenile defendants require a Los Angeles juvenile criminal defense attorney who has years of experience fighting crimes on behalf of our children. Teens often get mixed up in crimes that aren't their idea and because of their mental capacity and mental development.

According to the story, police called in the bomb squad and evacuated nearby residents. Police didn't provide an explanation of why the boy had the materials in his apartment or what the terms of his probation. Often, cases like these have a less-frightening explanation. While police use the term "explosives," some of these items are used in making fireworks.

It's crucial that juveniles have proper representation to keep these crimes off a young person's criminal record. Juvenile crime convictions in Los Angeles and elsewhere in California can keep teens out of college, disqualify them from obtaining student loans and make it difficult to join the military or start meaningful careers.

And along with the potential future effects on a juvenile being convicted of a crime, it can have psychological effects on the child as well. That is why the juvenile crime area of law is designed to rehabilitate rather than punish. Adult convicts are punished with prison time and other sanctions, while teens are treated as if they can learn their lesson with help.

But waiting too long in the process before consulting an experienced juvenile crimes attorney in Los Angeles could hurt your child. It's often possible that swift action can convince prosecutors not to file charges or file less serious charges. If the teen is old enough to be charged as an adult, picking the right attorney can also keep the state from prosecuting the teen as an adult.

This decision is extremely important for your child. This could result in the difference between community service, a juvenile boot camp or a prison filled with hardened criminals. Make the choice that's in the best interests of your child and contact Los Angeles juvenile criminal defense lawyers.

Continue reading "Santa Monica Juvenile Charged With Making, Possessing Explosives" »

The U.S. Department of Justice has unsealed a criminal complaint charging 41 alleged gang members with numerous crimes in five states, UPI reported.

A Los Angeles defense lawyer should always be called to handle gang charges in L.A. Gang enhancements can significantly increase the penalties for current and future crimes. Additionally, being associated with a gang can result in more serious penalties for future criminal charges.

And convictions as a juvenile may count as a strike even in adulthood when determining sentencing under California's three-strikes law.

Charges include murder, racketeering and drug and firearm trafficking. Twenty-nine of the suspects were taken into custody on Wednesday. Additional arrests are expected, according to authorities.

"Gangs threaten the safety and stability of neighborhoods across our nation," said U.S. Assistant Attorney General Lanny A. Breuer of the Criminal Division. "Gangs spread fear in our communities, trading in guns, drugs, and violence, and they cause too many young people to choose lives of crime."

Twelve alleged members of the Colonias Chiques gang in Los Angeles were indicted, along with gang members in Kansas City, Law Vegas, Washington D.C., and Texas.

"Although these cases are in different parts of the country, they illustrate the common threats gang members pose to our communities," said Kevin Perkins, assistant director of the FBI's Criminal Investigative Division.

Continue reading "Los Angeles Gang Charges require Aggressive Defense " »

The weapons charges in Los Angeles filed recently against a teenager in connection with an arrest at school highlights the importance of seeking experienced legal representation in the wake of such allegations.

CNN reported authorities will seek to charge a 17-year-old boy as an adult after a gun he allegedly brought to school in his backpack apparently discharged accidentally, wounding two students.

A single bullet struck two students, one in the temple and the other in the neck. He has been charged with possession a firearm in a school zone and discharging a firearm in a school, according to the Los Angeles County District Attorney's Office. Both charges are felonies.

A Los Angeles criminal defense lawyer should always be called to handle criminal charges against minors. Unfortunately, parents too often think such charges will magically disappear in adulthood. That is typically not the case; convictions for serious crimes as a juvenile may even count as a strike in adulthood.

And, especially given today's zero-tolerance policy, teenagers often face very serious charges for minor infractions on school grounds. In this case, as in any case where a gun is alleged in the commission of a crime on school property, the teen faces the very real threat of being expelled as well as facing significant jail time.

Particularly in cases where juveniles are charged as an adult, an experienced and aggressive defense must be mounted. If he is convicted as an adult, he faces up to seven years in prison. If tried and convicted as a juvenile, the maximum penalty would be nine months in a juvenile camp.

The girl wounded in the head is reportedly in critical condition. The boy wounded in the neck has been treated and released.

Two other students have reportedly been arrested in connection with the case, though no information about possible charges has been forthcoming from the prosecutor's office.

Continue reading "Teen faces weapon's charges as adult after school incident in Los Angeles" »

Two alleged gang members pleaded not guilty last week to extorting money from food-truck vendors, the L.A. Times reported.

Gang charges in Los Angeles always require an experienced L.A. criminal defense attorney. Gang enhancements can result in stiffer penalties for conviction. And being associated with a gang, even once, can result in legal problems for years to come. In many cases, prosecutors will attempt to push a gang connection where none exist -- associating with the wrong person or wearing the wrong colors can result in being tagged with an unwarranted gang affiliation.

In this case, two defendants are being accused of demanding $50 a week in rent from vendors in the area patrolled by the LAPD's 77th Street Station. Those who refused, were allegedly threatened. In one case, a large rock was thrown through the front window of a truck, according to the Los Angeles county district attorney's office.

Historically, gang members have been accused of extorting money from vendors, taxi drivers, drug dealers and prostitutes. Authorities also report that higher level gang members are protected by low-level members who collect the money.

The San Francisco Chronicle reported the two defendants, ages 19 and 24, pleaded not guilty to six counts of attempted extortion and one count each of vandalism. Bail in both cases was set at more than $250,000.

The Contra Costa Times reports the 19-year-old is also charged with two counts of criminal threats for allegedly using a handgun. Both defendants have previous criminal convictions, including robbery, vehicle theft and receiving stolen property.

Continue reading "Gang extortion charges filed in alleged shakedown of Los Angeles food vendors" »

School is out and with jobs in short supply this summer, more children and teens are hanging out with friends, milling around, looking for something to do. As they say, "Idle hands are the devil's playground," and the combination of peer pressure, long summer days and boredom are a perfect combination for decorating the neighborhood with a little graffiti. Most teens think of graffiti, also called "tagging," as harmless fun or an artful prank. It's a way to leave their mark on the world that they don't think hurts anyone. But home and property owners take a dim view of graffiti, and the law calls it a crime. Graffiti defaces and devalues property. It costs money -- often quite a lot of money -- and hard work to remove graffiti. What seems like a prank to kids is viewed under California law as the crime of vandalism.

Under Penal Code 594, the State of California defines vandalism as "Every person who maliciously commits any of the following acts:

• Defaces with graffiti or other inscribed material,


• Damages, or


• Destroys the real or personal property of another."

Expert Los Angeles criminal defense attorney Stephen Rodriquez explains, "If it doesn't belong to you and you deface, destroy, or damage it without the owner's permission, you have committed the crime of vandalism." It doesn't matter whether the property is public or private; any time you deliberately damage or destroy property without the owner's permission, you are committing a crime. Spray painting graffiti on a wall or overpass, park bench or street sign is not considered "art;" it is the crime of vandalism and is rigorously punished in Los Angeles and in communities throughout California. You can be charged with vandalism just for being in possession of aerosol paint containers, tools or chemicals. If caught with such items, you can be charged with vandalism even if you have not actually committed the intended act. Evidence of the attempt can be enough to earn you a ride to the police station.

In California, vandalism can be charged as either a misdemeanor or a felony depending on the circumstances, extent of damage and the individual's record. Consequences can be severe and may include steep fines, community service, restitution, probation and even incarceration. Skilled legal representation by an experienced criminal defense lawyer is the best way to avoid a criminal record if your child is charged with vandalism. A savvy criminal defense attorney like Stephen Rodriguez with a thorough knowledge of Los Angeles legal processes may be able to get the charges dismissed or reduced and keep your child out of jail.

• 1 in 5 tweens, children aged 8 to 12, have posted personal information about themselves on the Internet.


• 1 in 4 pre-teens have been contacted online by a stranger.


• 1 in 10 tweens have responded and chatted online with someone they didn't know.

Those are some of the disturbing findings of the Tween Internet Safety Survey sponsored by Cox Communications and the National Center for Missing and Exploited Children. By the time they're 9, most American children have used the Internet. Not quite half (42%) of 8- to 10-year olds have a personal email account. By the time they're 11 and 12, 71% have their own email accounts, 50% have their own cell phone, 41% regularly send instant messages, and more than a third have a profile on a social network site like Facebook or MySpace.

Of those preteens with social network profiles, the survey found that 61% posted photos of themselves to their site, 48% admitted they had lied about their age on their site, and 51% said they'd received messages from people they didn't know.

The survey and an accompanying summit hosted by John Walsh, host of Fox TV's America's Most Wanted, brought together teens, tweens and experts to talk about the perils children encounter in cyberspace. Walsh called social network sites "a hunting ground" for pedophiles and warned that posting personal profiles on such sites increases children's risk of being contacted by strangers, being bullied by peers, or being the victim of an embarrassing attack or worse. Often the danger comes from strangers preying on unsuspecting children. Sometimes, though, the danger comes from peers -- petty jealousies, bullying or horsing around that goes too far.

When committed by one child against another, these crimes are prosecuted in the California juvenile court system. "Juvenile courts handle cases involving children between the ages of 10 and 17," explains expert Los Angeles criminal defense attorney Stephen Rodriquez. "The intent is to rehabilitate the child, not punish him or her."

However, when an adult acts against a child on the Internet, he can be charged with a sex crime against a minor, a serious crime in the state of California that can be life changing. Conviction is likely to result in a felony record, a prison sentence, and lifetime registration as a sex offender. Early defense by an experienced Los Angeles criminal defense lawyer can minimize charges brought against you.

-Legal Pro

In a word, yes. "If it doesn't belong to you and you deface, destroy or damage it without the owner's permission, you have committed the crime of vandalism," says expert Los Angeles criminal defense attorney Stephen Rodriguez. Under California law, vandalism includes defacing property with graffiti, damaging property, or destroying the real or personal property of another. "While subway graffiti art, keying a parked car, or defacing a street sign may seem inconsequential," Rodriguez warns, "these crimes qualify as vandalism by California lawmakers determined to bring an end to vandalism throughout the state."

Even street artists whose graffiti eventually transcends their subway roots to go mainstream are still considered criminals when their art is created on property without the owner's permission. That's the case with Los Angeles street artist Shepard Fairey who was recently arrested in Boston on two counts of vandalism for tagging property with graffiti. Creator of the colorful and hugely popular "Hope" poster of Barack Obama, Fairey has been in Boston for several weeks preparing for his first solo exhibition at the Institute of Contemporary Art. Boston police arrested Fairey on his way to the opening event. He was released on bail several hours later.

The fact that the 38-year-old Fairey is a well-known graffiti artist with a Los Angeles studio whose art is now sought by mainstream collectors doesn't place him above the law. The street artist has been arrested numerous times in Los Angeles and California for drawing on buildings and private property without the owners' permission. California is tough on vandals. Laws protect the rights of property owners; and graffiti, no matter how artistic, defaces and devalues property.

Vandalism includes more than graffiti crimes. Slashing a tire, carving initials into a desk, toppling a headstone, ripping a bus seat, breaking a window, keying a car and other acts are prosecuted as vandalism crimes. In California, vandalism is prosecuted to the full extent of the law as a deterrent, cautions experienced Los Angeles criminal defense attorney Rodriguez.

Penalties for vandalism can be severe and include community service, probation, steep fines, restitution, and even incarceration. When there is minimal damage -- less than $400 -- first time vandalism is usually charged as a misdemeanor. However, vandalism can be charged as a felony and often is when damage exceeds $400 or the defendant has prior convictions. A prior criminal record, gang involvement, and hate crimes can also escalate vandalism from a misdemeanor to a felony. Vandalism fines range from $400 to $5,000 and can result in a one-year suspension of your driver's license.

Many people wrongly assume that crimes committed by minors are less serious than crimes committed by adults. Law enforcement officials, however, take crimes committed by minors very seriously and minors committing crimes are often subject to similar punishments as adults as a consequence. Minors who commit crimes are most often subject to a separate judicial system, the juvenile court system where the prevailing philosophy is that, with the proper counseling, most juvenile offenders can learn to make better choices in the future.

Some of the most common crimes committed by minors are: Driving under the influence, petty theft, shoplifting, assault, battery, drug possession, gang crimes, carjacking, vehicular theft, burglary, drug possession with intent to sell, sex crimes and vandalism. In general, the maximum age at which a crime is prosecuted as a minor is 17. However, if the crime is serious enough, and depending on how close to 18 the accused is, then he or she may be tried as an adult. Court records for juvenile crimes are sealed, unlike in the adult criminal court system where records are open to the public. Punishments for minors convicted of crimes include, but are not limited to: jail time, placement in a juvenile detention center, monetary fines, community service, probation, parole, mandatory drug or alcohol counseling, or court-ordered therapy. Nor does the punishment stop with the juvenile convicted of a crime. Some states have adopted laws that hold parents responsible for their children's actions, or can find parents guilty of an offense such as failing to supervise their child. Additionally,California's "Three Strikes Law" has in many instances also included crimes from a defendant's juvenile record.

Having a child or grandchild accused of a criminal act is a very serious matter. The best thing you can do for your child or grandchild's future is hire a knowledgeable, thorough Los Angeles juvenile crimes attorney to guide you through the juvenile court system.

My niece will turn 18 soon and her parents are looking at having her juvenile record expunged. Like many teens, she ran into a little trouble with the law a couple of years back. When she started at a new high school she began hanging with a new group of kids who were more interested in raiding dad's liquor cabinet and smoking weed than they were in studying. She got picked up for possession once and got busted for intoxication when neighbors called the cops about a teen party. Fortunately, she's cleaned up her act. She's been straight and sober for two years, has a new group of friends, and is a regular on the honor roll these days. But that juvenile record still bothers her -- and her parents.

"A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, voting, obtaining certain licenses (nursing, realtor, medical and other professional licenses), running for political positions, and other benefits of society we take for granted," warns expert Los Angeles criminal defense attorney Stephen Rodriguez.

Worried that a background check or Internet search might reveal their daughter's past indiscretions, my niece's parents have contacted an attorney to see if her record can be expunged. My niece has been accepted to college and has her whole life ahead of her. She's worked hard to put her past behind her and her parents don't want some ill-willed future "friend" or over-diligent personnel manager digging up the past and creating a problem. Expunging their daughter's record will remove her convictions from the public record.

"Expunging the criminal record dismisses and sets aside your felony and/or misdemeanor conviction from the public record," explains criminal defense attorney Rodriguez.

When your record has been expunged, you can lawfully answer "no" to questions on forms asking whether you've ever been convicted of a crime. (You must, however, report your conviction and expungement on official government forms.) Expungement allows you to hold your head high with confidence and compete equally in society. When your record has been expunged, you don't have to worry that someone will find out about your past indiscretions. You can seek employment and housing and obtain credit without having to report a criminal conviction. Expungement wipes away the past and lets you focus on the future.

Not all records can be expunged. If you or your teen has a criminal record that you would like to have expunged, the expert criminal defense attorneys at Stephen G. Rodriquez & Associates can review the case and advise you about your options.

-Legal Pro

Kids are home from school with time on their hands. They get to joshing around and come up with some crazy idea that they think is hysterical. A prank is born. On the surface these teenage antics seem harmless enough, but every year silly pranks get people killed.

Every year seemingly harmless pranks go wrong and people get hurt or carted off to jail and some people die. What your teen and his friends think is funny may be considered a malicious act of vandalism by stressed home or business owners. Unsuspecting victims not in on the joke often mistake the situation for real and act accordingly. Panksters have been mistaken for burglars and shot. Roadway hazards have caused fatal accidents. Sometimes through pure chance pranksters prey on the wrong person. Pranksters have been chased and beaten and even killed by their enraged victims.

Consider these pranks gone wrong:

• High school students placed a deer decoy in the middle of the road. The 16-year-old driver who came around the bend swerved to avoid the "animal" and crashed into a tree, suffering permanent brain damage and killing his passenger. While some of the pranksters received probation, two were sentenced to prison.


• A group of 20-year-old boys was pelting passing cars with eggs. One irate victim chased the boys, shooting and killing one of them.


• A high school junior was mistaken for a burglar while tying fishing line to a neighbor's door knocker so he could "knock" from afar. The frightened neighbor shot and killed him in the dark.

"You just can't risk it," said Daniel Domenech, executive director of the American Association of School Administrators. "You don't know what's funny from what could be dangerous."

Pranks can result in charges of vandalism, destruction of property, assault or worse. A group of high schools carrying out a senior prank were charged with planting bombs, a felony, when they laced their high school with alarm clocks set to go off at a pre-arranged time. Every year students are suspended, expelled and barred from graduation for committing pranks or acts of vandalism on school property.

The risk that prank victims will fail to see the humor in the situation is real. Every year pranksters wind up in court or in the hospital, and some pay for their wayward sense of humor with their lives. Juvenile pranks can lead to conviction of a crime and a criminal record. Representation by a skilled criminal defense attorney may make the difference between probation and community service and a life-changing criminal record and jail sentence.

Criminal charges usually carry more than just jail time; they carry consequences that far outlive jail time. This makes the possibility of the expungement of past offenses an important step for many people. For example, California regulators have announced emergency measures to investigate the criminal backgrounds of all registered nurses in the state, days after it was reported that dozens of nurses had kept their licenses for years despite multiple convictions.

Effective immediately, the state nursing board will ask all nurses renewing their licenses whether they have been convicted of any crimes in recent years. Dozens of registered nurses convicted of crimes, including sex offenses and attempted murder, have remained fully licensed to practice in California for years before the state nursing board acted against them. If these offenses had been expunged earlier, there is a possibility that these offenses wouldn't be involved in this process at all.

The criminal convictions include 183 DUI/reckless driving convictions, 96 drug and alcohol offenses, 94 burglary and theft convictions, 47 motor vehicle offenses (i.e. driving with a suspended license), 43 assault and battery convictions and 94 other offenses.

Among the cases in which the board acted belatedly or not at all:

* An Orange County man continued to renew his nursing license for years even after he was imprisoned for attempted murder.

* A Redding nurse was convicted 14 separate times from 1996 -- a year after she was licensed -- through 2006 on charges including several instances of driving under the influence, driving with a suspended license and drug possession.

* A San Pedro man amassed convictions for receiving stolen property, as well as possession of cocaine and burglary tools, before the board placed him on probation. He subsequently was arrested two more times, for possessing cocaine and a pipe to smoke it.

One of the many skills of an experienced criminal defense attorney is the ability to assist defendants in helping seal juvenile records, sealing California criminal arrest records and expungements.

In California, an Expungement is a legal process by which a criminal conviction is dismissed. A guilty plea, "no contest" plea or a finding of guilt by a judge or jury is set aside and the case is dismissed. An expungement relieves the defendant of certain penalties and disabilities that result from a criminal action. The arrest, prosecution and conviction records remain in the file and a notation is placed in the file that the conviction has been dismissed. The notation in the court file, the California Department of Justice and the FBI files reflect that a plea of not guilty has been entered and the case ordered to be dismissed by the court. As is commonly believed, an expungement does not seal or destroy your criminal records.

If you have been arrested or committed a juvenile crime (a crime committed by persons under the age of 18), you will have a juvenile record. As a minor you can seal both arrests and convictions. When juvenile records are sealed, the record of arrest, detention, prosecution, and conviction are physically sealed and/or destroyed. Sealing your juvenile record will allow you to move into adulthood with a 'clean slate'.

Sealing an adult criminal record can only be done when an arrest is made without a conviction and you can prove you are factually innocent of the charges.

You can seal your arrest record if you were arrested as an adult and the case was either:

• Dismissed
• Rejected
• Never filed by the District Attorney or City Attorney's office

A background check will reveal the arrest along with finger prints, booking photos, and the arrest report. This information is a public record and does not disappear even when there is no formal case or charges filed.

A Petition to Seal and Destroy Arrest Records pursuant to California Penal Code, Section 851.8 is filed by an attorney. The process can take from 9 t

o 12 months.

Some youths consider graffiti a rite of passage. They're enticed by the thrill of sneaking around in the middle of the night to leave their mark where all can see. Victims of their vandalism, however, are more than annoyed by the time and expense required to remove these questionable "works of art" which often convey profanity or ethnic slurs. Championing the rights of outraged victims, Los Angeles City Councilman Bernard Parks has proposed that parents be held liable for civil damages if their children commit graffiti vandalism.

Similar to the graffiti law recently approved by LA County supervisors, Parks and other officials want the proposed law to serve as a wake-up call to parents and guardians who either don't know or don't care what their children are up to. Parks' proposal mirrors the county law which imposes fines up to $1,000 on graffiti vandals and their parents. The county law also allows property liens when fines are unpaid and the pursuit of felony vandalism charges in court.

Graffiti vandalism carries a hefty price tag. Graffiti removal cost LA County $30 million last year. In 2007, Caltrans spent $5 on graffiti removal just in Los Angeles and Ventura counties. LA County Supervisor Gloria Molina said the actual cost of property damage to businesses, public buildings and infrastructure is far higher and has led to community violence.

City and county initiatives are capitalizing on the state's efforts to curtail graffiti. Governor Schwarzenegger signed Assembly Bill 2609 in July that requires a person convicted of tagging to clean up graffiti he created. Judges can also require offenders to keep damaged property graffiti-free for up to a year.

Defacing, destroying or damaging property without the owner's permission is vandalism. Graffiti is vandalism, and vandalism is a crime under California Penal Code 594. Calling graffiti art doesn't make it any less criminal. If you are under 18, just the possession of aerosol paint containers can result in a vandalism charge.

When damages are less than $400, first time vandalism is usually charged as a misdemeanor. Sentencing includes fines, restitution, community service and 3 years of informal probation, but no jail time. However, if damages exceed $400, or if the defendant has a prior conviction for vandalism, he may be charged with felony vandalism and can incur jail time, formal probation, restitution and community service.

In California, particularly in Los Angeles and Orange counties, vandalism is being prosecuted to the fullest extent of the law as a crime deterrent. Strong legal representation is critically important for anyone accused of graffiti vandalism.

In California, adolescents under the age of 18 are generally processed under the juvenile justice system. Juvenile crimes differ from adult crimes in the type of offenders and the manner in which they are processed. Juvenile courts handle individuals between the ages of 10 and 17 who have violated criminal statutes or committed what are called status offenses like curfew violations, truancy, running away or incorrigibility. Status offenses apply only to juveniles and would not be considered a legal issue if committed by an individual over the age of 18.

In a 2006 report issued by the California Department of Justice's Criminal Justice Statistics Center, more than half (56.3%) of the juveniles arrested in California were arrested for misdemeanor offenses, just over a quarter (28%) were charged with a felony offense, and the rest (15.7%) were arrested for status offenses. More than four times as many blacks and Asians than whites were processed under the juvenile justice system.

Eight out of 10 of those arrested were referred to county probation departments where approximately 50% were formally processed through juvenile court. Just over one-third (35.2%) of the cases referred to county probation departments were closed during intake with no further action taken. About a quarter (24.4%) of the juveniles referred were actually detained while awaiting disposition by juvenile court. In court, 20% of the juvenile court cases were dismissed. A majority of the individuals processed through juvenile court (61.9%) were made wards of the court and allowed to return home under supervision by the probation department.

Not all juveniles are tried in juvenile court. Juveniles can be transferred to the adult criminal justice system either directly by the District Attorney because of the seriousness of their crime or prior criminal history or by failing a fitness hearing in juvenile court. Of the juvenile dispositions filed in adult court, 77.6% resulted in convictions.

The focus in juvenile court is to rehabilitate the child, not to punish. In California juvenile court proceedings are very different from their adult counterparts. The prosecutor has the power to charge a crime as a misdemeanor or felony. Minors are not entitled to jury trials or bail. Dismissal of charges is permissible at any stage of the proceedings. In fact, intake and detention officers have the authority to completely close a child's case and mandate informal probation before the case goes to court.

If your minor child is charged with a juvenile crime, an experienced and knowledgeable juvenile defense attorney may be able to get the case dismissed in its early stages. If contacted early enough, a criminal defense attorney may be able to minimize the charges and ensure that your child does not end up in juvenile boot camp, at a detention ranch or in the California Youth Authority, the state prison for juveniles.