Legal Question in Criminal Law in California

Re: Can an 18 1/2 yo be tried as a youthful offender?

There's only a week left and you haven't yet contacted or retained a lawyer??!? A lawyer can do plenty at an arraignment, including finding out how strong or weak of a case there is, requesting discovery from the prosecution, and evaluating possible legal defenses. The arraignment is a very critical time in any criminal case, especially in a felony matter. The future of this individual is at stake here. Do not wait until after the arraignment to hire a lawyer.

Borrow the money if you must; and (if you are the parent) please do not abandon your child to the public defender -- unless you want him or her to be pressured into pleading guilty, resulting in a lifelong criminal record which will prevent him or her from being able to get a job, ever.

Act now, so that the lawyer you hire can be present at the arraignment.

Re: Can an 18 1/2 yo be tried as a youthful offender?

In short, if the offense took place before the person turned 18 then it might be possible to have the case handled by a juvenile court. If the offense occurred after turning 18, then no.

There are no shortcuts here - you must hire a lawyer or at least consult with a couple. Most lawyers will provide answers to your initial questions free of charge. Consult over the phone as the internet is not the best medium to fully answer what you are asking for.

If you have not retained a lawyer at arraignment, ask the judge to continue the arraignment date until you can find a lawyer you are comfortable with. He/she will grant you this request for sure.

Feel free to contact my office for additional non-binding consultation.

Re: Can an 18 1/2 yo be tried as a youthful offender?

1. With some exceptions, the charging decision belongs to the prosecutor where the offense was allegedly committed before the child turned 18. Many times, juveniles get charged as adults if the offense is more serious and if the child is closer to the age of majority. This decision has been made. Likely nothing you can do to get it in juvenile court. 2. If you're going to hire private counsel, do so as soon as possible. Much happens at the arraignment. The arraginment is the formal charging; the charging document is reviewed for defects that will be waived if not demurred to; initial discovery is obtained (police report); rights are preserved, further discovery requested; and bail status is reviewed and may require argument. In addition, there is opportunity to begin negotiations with the prosecutor.

If you would like a more detailed answer (there is much to explain), feel free to contact me. Otherwise, I wish you both the best of luck.

Jacqueline Goodman Rubio

www.californiadefenselawyer.net