California Criminal Defense Lawyer Blog

He may have changed, but he'll have a lot of time to reflect on what happened. That's the future (at least 15-17 more years) for Sam Nelson, a drug-addicted kid who killed his neighbor in a vicious attack. Judge Frank Fasel felt there was no middle ground and maxed him out. http://www.ocregister.com/articles/thompson-nelson-fasel-2007781-home-knew

This is the growing and disturbing trend in juvenile law. Treating kids as adults, punishing them as adults. But more and more studies show that kids can't make decisions as well as adults because their brains aren't ready to do so. http://www.tresearch.org/headlines/2008Jan_TeenBrain.pdf

Locking kids up earlier and earlier, for longer and longer terms won't solve the problem. One solution is to provide county governments with resources to study and treat kids earlier in their lives to avoid these crimes from occurring. http://books.nap.edu/openbook.php?record_id=9747&page=107 With any luck, and a realization that incarcerating ever-younger kids isn't helping, we may be able to treat kids as kids, and help them realize a brighter future.

Expungements: An overlooked career saver.

I'm often asked to help people out who have made mistakes in their lives, but have moved on, grown up and learned their lesson. They're wiser now, but face a dilemma: Do they have to disclose a prior criminal conviction? Is there an alternative? Will they lose their job or miss out on a good job opportunity? Here are some strategies to turn a difficult situation into a positive outcome.

1. Help your lawyer help you: If you have any documentation relating to your conviction, however insignificant it may seem, show it to your lawyer. He or she can glean a lot of information that may speed up the process. Understnad that many counties have completely changed their record-keeping systems and will have a difficult, if not impossible time finding your file.

2. Obtain a LiveScan: If your file can't be located, a computer print analysis may assist your lawyer in locating your conviction. Oftentimes, I contact the State Attorney General's office to locate an old criminal record. Just because the county doesn't have the file doesn't mean the matter's closed. The state, and often the federal government, have recorded the conviction and store it in their databases. Depending on your employer's access, that conviction may be discoverable.

3. Be Forthcoming with your Lawyer: Don't hide the ball! If you think there's another skeleton in the closet, let's hear about it now. That way we can find it and seal it.

4. Other options: we often seek Governor's Pardons as well as letters of detention ( from the police agency showing that there was no arrest, just a detention) when an expungement just cannot be obtained, or is insufficient to solve the client's particular problems.

Bottom Line: Don't despair! Gather your documents and go see your lawyer so you don't keep paying for the same crime over and over again.