Matthew J Juvenile Law Blog

Does a juvenile have a right to a speedy adjudication?

Friday, December 26, 2008 by Matthew J. Ruff

Yes.  In California, juveniles have the right to a speedy adjudication.
If the minor is detained, he or she has a right to a trial within 15 court days.  If the child is out of custody, he or she has a right to a speedy adjudication within 30 calender days.  Generally it is the child's attorney who has to make the determination as to what he or she has to do before proceeding with an adjudication of the juvenile case. The Juvenile Defense Lawyer needs to determine how much... Read More

Posted at 06:34 AM  |  PERMALINK
Topic: Juvenile Law

New California Law Makes it Criminal for Juveniles to use Cell Phones at all While Driving.

Sunday, December 14, 2008 by Matthew J. Ruff

Effective July 1, 2008, it is a criminal offense infraction in California for a juvenile (person under 18) to drive a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device. The Vehicle Code Violation is punishable by a $20 fine (plus penalty assessments which can triple the fine) for a first offense, or a $50 fine, subsequent offense.... Read More
Posted at 21:19 PM  |  PERMALINK
Topic: Juvenile Law

Do a juvenile's criminal records get automatically sealed when the minor turns 18?

Saturday, December 13, 2008 by Matthew J. Ruff

In California, juvenile delinquency records are never
automatically sealed by simply turning 18 years of age.  In California,
due to the passage of proposition 21 in the year 2000, not all juvenile
records can be sealed.  Certain enumerated offenses are listed under 707 of
the Welfare and Institutions Code and therefore cannot be sealed. These offenses are commonly referred to as violent or very serious felonies, a lawyer can help to seal thoses offenses that are pe... Read More
Posted at 10:45 AM  |  PERMALINK
Topic: Juvenile Law

Can the school district expel my child on hearsay evidence alone?

Saturday, December 6, 2008 by Matthew J. Ruff

In California, School Expulsion Hearings are often heard by a panel
composed primarily of school adminstrators including principals,
vice-principals, and counselors.  The rules of evidence a little more
relaxed in a school expulsion hearing as compared to a criminal court
proceeding.  Technical rules of evidence do not apply, but relevant
evidence may be admitted and given probative effect only if it is the
kind of evidence upon which reasonable pers... Read More
Posted at 13:44 PM  |  PERMALINK
Topic: Juvenile Law

Is my child entitled to a jury trial if he is a minor in a criminal case?

Wednesday, December 3, 2008 by Matthew J. Ruff

A juvenile (someone under the age of 18) is not entitled to a jury trial in California unless they are charged as an adult in adult Court.  A Juvenile Criminal Defense Attorney should be consulted if your child has been arrested for a criminal offense.  Many juvenile criminal charges may stay on the minor's record if there is a conviction.... Read More
Posted at 12:58 PM  |  PERMALINK
Topic: Juvenile Law
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