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Controversial Senate Bill 1391 In Governor’s Hands

Law Office of Katie Walsh
Controversial Senate Bill 1391 In Governor's Hands

In April, we discussed Senate Bill 1391. If signed into law, SB 1391 would amend Proposition 57, repealing the authority of a district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a specified serious offense when he or she was 14 or 15 years of age.

While some juvenile justice advocates are in favor of legislation that prevents cognitively undeveloped people from standing trial in the adult criminal courts, the loved ones of victims of senseless crimes are not happy that killers may get out of jail one day and lead “normal” lives. To say SB 1391 is controversial may be an understatement; and, juvenile law experts contend that they can sympathize with arguments for and against the legislation, CBS Sacramento reports. Now, the fate of the bill falls on California Gov. Jerry Brown.

“It’s a symptom of the modern trend to believe that kids that are that young, of the age of 14 and 15 are probably not capable of really the kind of sophistication that would expect to be tried in criminal court,” said John Myers, professor, McGeorge School of Law. Myers adds that “There are some very sophisticated 14- and 15-year-old gangbangers out there that are cold-blooded killers, so I understand that if your child or loved one is killed by a gang member who happens to be 15 why you think it’s wrong, it’s a sympathetic argument.”

Trying 15-Year-Olds As Adults

SB 1391 was introduced in April by state Sens. Ricardo Lara (D-Bell Gardens) and Holly Mitchell (D-Los Angeles). The bill is one of several new laws focused on rehabilitation over incarceration, and to reduce the overburdened criminal justice system.

“Research has debunked the myth that children are hardened criminals at age 14 and 15 and deserve punishment in the adult system,” Lara said in a news release. “In fact, 14- and 15-year-olds are far from being adults and Senate Bill 1391 keeps them in the juvenile justice system and guarantees they receive counseling and education, so they are less likely to commit crimes in the future.”

The bill is either a second chance for young offenders or a law that puts rehabilitation over public safety, and it is what Gov. Brown will have to wrestle with before the September 30th deadline. Please take a moment to watch a short video here.

If passed, it purportedly would apply retroactively to certain cases involving minors tried as adults. We will continue to follow this important story as it develops.

Orange County Juvenile Justice Attorney

Please contact Attorney Katie Walsh if you need an experienced juvenile defense lawyer in California. Juvenile defense attorney Walsh can help you obtain the best possible outcome for your son or daughter’s case.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester...

AR- parent of minor client

I hired Katie Walsh to have my felony convictions expunged. She was able to expunge my record within 6 weeks of me giving her all the information. Even though technically I had a probation violation, and therefore the...

AR, criminal client

My 16 year old son was charged with possession of Marijuana, HS 11357(b). I was very concerned about what would happen to him and how this would affect his future. I contacted Ms. Walsh and she assured me that everything...

CT, parent of juvenile client

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DH - Parent of Juvenile client

I hired Katie Walsh to represent my son on sexual abuse allegations- P.C. 288(a) and P.C. 288(b)- they were Strike Charges. After negotiating with the D.A., she got all the strike charges dismissed, and got my son...

DR- mother of juvenile client

Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and...

EG, parent of juvenile client

My 14 year old son was arrested at school for P.C. 311 (child pornography). My son had innocent and stupid nude pictures of himself and friends on his phone. Ms. Walsh was extremely easy to talk to, and made my son feel...

GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the...

HA, mother of 13 year old Victim Rights client

I hired Katie Walsh to seal my juvenile record of PC 288(a) (lewd act on a minor), after my request had been denied by a Judge and by the Probation Department. After speaking with Probation, the DA and the Judge at a...

JW, former juvenile client

I was charged with a Felony Conspiracy charge- PC 182. After hiring Ms. Walsh she got my charged reduced to a misdemeanor right away, and now I just have to do community service and in 6 months my entire case will be...

KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable...

RG

My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal...

RS

My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though...

XL, juvenile client

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