SYLMAR JUVENILE ATTORNEY - LOS ANGELES JUVENILE ATTORNEY - LOS PADRINOS JUVENILE ATTORNEY

In recent years the laws and the attitude of prosecutors and judges have changed towards juvenile offenders. The tenure of the day is harshness. An unforgiving attitude permeates the corridors of our juvenile courts resulting in our children being treated with a severity that was rarely seen before.

Because of this the need of an experienced attorney in juvenile matters is more important than ever. It is more than important it is essential. Unless an attorney with the capabilities of Attorney Amster handles a juvenile matter the results could be devastating.

• Imprisonment of the innocent because the appointed attorney did not take the time to investigate the case.
• A matter being certified to adult court because the appointed attorney did not take the time to learn about the social history of the minor so a favorable perspective of the minor’s life could have been presented to the court.
• A minor having to admit to multiple strikes and risking being incarcerated for life when he commits a minor felony offense when he becomes an adult.

WHAT IS A JUVENILE PROCEEDING ?

Juvenile courts were designed to handle crimes committed by individuals when they were under the age of eighteen. Juvenile Courts are not required to exist under the United States Constitution. A state can choose to have a juvenile court or not.

Strangely enough juvenile proceedings are not considered criminal proceedings. This is difficult to understand since a conviction in a juvenile court can have the same impact as a conviction in a criminal court, such as imprisonment and enhanced penalties in the future as a result of the conviction. Because the law does not see a juvenile proceeding as a criminal case many of the guarantees afforded a criminal defendant is not provided to a juvenile offender. This is why a juvenile is not entitled to a jury trial. There are no jury trials in juvenile court. The determination of the guilt or innocence of the minor is determined by a judge, often a former prosecutor, police officer or both.

If a minor is found culpable for the criminal act he has been accused of doing the minor becomes a ward of the court. Basically what this means is that the judge has the final decision over the minor’s life and not the parents. It is up to the judge to decide where the minor lives, what school he goes to and whom he calls as friends. In other words the judge becomes the final parental authority over the minor.

Once a minor is a ward of the court the judge has several options available to him as far as where the minor is going to live. He has the authority to allow the minor to live at his parent’s home under their supervision. He has the power to remove the minor from the parents residence and have the minor reside at Juvenile Hall, Juvenile Camp, Suitable placement, or the California Youth Authority.

Juvenile Hall is like a county jail for children. The children live in a dormitory setting under the supervision of the state. The vast majority of the juveniles housed at juvenile hall are those minors who have been removed from the parents home waiting a trial to determine if they are guilty of the offense or not.

Juvenile Camp is the next step up from Juvenile Hall. Usually camp is for repeat offenders who have shown they are not able to live at home and abide by the rules imposed upon them by the court. The camp program are facilities in the rural areas of Los Angeles County. The purpose of the camps is to give the juveniles more intense supervision and educate them of the errors of their ways. Juveniles can be ordered to attend a camp program from anywhere to three months to a year.

Suitable placement is a group home setting. A minor is usually required to attend these facilities when he has a problem that is not being addressed at home. An example of this is if the minor is having a problem with drugs. In that situation a minor will be placed in a group home setting that will concentrate on resolving the minor’s drug abuse problem.

California Youth Authority is simply prison for minors. A minor can be ordered to stay in the California Youth Authority up until the age of twenty-five. Minors who are sent to the California Youth Authority are those who have either committed a serious crime or repeatedly show that they refuse to abide by the terms of their probation.

MUST A MINOR BE TRIED IN JUVENILE COURT ?

Unfortunately the answer to this question is no. If the minor is fourteen years or older and has committed a serious crime he can be tried as an adult. That means he can face all of the penalties that an adult would face if he committed the same crime, except the death penalty. Thus a minor could be imprisoned in a state prison for the rest of his life for a crime committed when he was under the age of eighteen.

Who decides if a minor is to be tried as an adult or a minor ? The district attorney. It use to be that this decision had to be made by a judge. But the legislature passed a law several years ago that this decision could be made by the prosecutor of each county. It just so happens that the district attorney of Los Angeles County has made the decision to allow a judge to decide if a minor is to be tried as an adult or not instead of his agency. Nevertheless it is not easy to have a case remain in juvenile court if the prosecutor chooses to ask a judge to find the minor unfit for juvenile proceedings and to be tried as an adult. An experienced attorney just as Attorney Amster is a necessity to create any hope to have the matter remain in juvenile court.

WHAT ATTORNEY AMSTER CAN DO.

Seymour I. Amster is a successful juvenile attorney who has been able to find success on some of the most difficult of juvenile cases. Attorney Amster utilizes his skills he has learned and developed as a Criminal Law Specialist to devise a strategy that will tell his clients story and enhance the chances of obtaining a successful result in juvenile cases.

The first task that must be determined in every juvenile case, is if the prosecution has sufficient evidence to obtain a conviction in a case. Attorney Amster is well adept at reviewing and researching the facts and the law to determine if the prosecution will be successful in their quest for a conviction.

But Attorney Amster does not stop there he causes an independent investigation to be done as well to uncover all of the facts that exist to show that the juvenile is innocent. Armed with this ammunition Attorney Amster is well prepared to force the matter to trial if the prosecution is not willing to dismiss the case or offer a settlement that the client wants to accept.

In order to effectuate successful settlements a biographical history is needed to be obtained abut the minor. In practically every case, early in the proceedings , the court refers the matter to the probation department to make a recommendation concerning the juvenile. The vast majority of attorneys allow the probation department to prepare a report without supplying the probation department with favorable information about the minor.

Attorney Amster diligently obtains information about the minor prior to the case being referred to the probation department. Attorney Amster takes the time to seriously learn about the minor’s social history. By obtaining information from friends, family members, teachers and other individuals who have interacted with the minor Attorney Amster acquires a complete social history of the minor needed to convey to the probation department. As a result of the hard work and preparation initiated at this stage the chances of a favorable report from the probation department is enhanced dramatically.

In many cases a report from a psychologists is required to present to the juvenile court. Attorney Amster has extensive experience with psychologists therefore he can usually match the right psychologist to the particular case. The social history that Attorney Amster obtains about the minor is invaluable at this stage. Unlike other attorneys who rarely provide information to the psychologist, Attorney Amster’s production of the minor’s social history to the psychiatrist is invaluable. The social history provides direction to the psychologist as to the type of report that Attorney Amster is looking to obtain. In this manner the psychologist is given direction and an opinion consistent with Attorney Amster’s view of the case is obtained.

Many times a minor has a substance abuse problem. Unless this problem is addressed the court will seek to take the minor away from the parents and place the minor is a substance program chosen by the probation department. Attorney Amster is well versed with the needs a minor has to address in order to obtain sobriety. Attorney Amster has actively worked with professionals who know what programs will work for a particular minor. Because of the personal attention Attorney Amster gives each and every case he will come up with a plan to address the substance abuse problem of the minor prior to the court’s need to address this problem. In this way Attorney Amster will have a plan in place when it comes time for the court to decide what should happen to the minor. This results in Attorney Amster and the parents choosing the particular program for the minor instead of the probation department.

SPECIFIC EXAMPLES OF ATTORNEY AMSTER MAKING A DIFFERENCE

Success at David Kenyon Juvenile Justice Center – A minor was charged with attempting to murder the occupants of a motor vehicle. The occupants of the motor vehicle told the police that they were just driving and the minor started firing a gun at them. The prosecution wanted to try the minor as an adult and have him spend the rest of his life in prison. Attorney Amster initiated an investigation concerning the facts of the case. As a result of his investigation Attorney Amster was able to prove that the occupants of the motor vehicle were gang members patrolling the neighborhood. The minor had confessed to firing the gun at the vehicle, but did it because he thought they were going to shoot at him, even though no weapons were found in the vehicle. Attorney Amster did a further investigation to create a social history of the minor. As a result of this investigation Attorney Amster uncovered the fact that three friends of the minor had been killed by drive by shootings. Attorney Amster was able to present all of this to the court and the prosecution. The end result was that the minor’s case remained in juvenile court and all the minor had to do was go to a six month camp. A dramatic result when one considers the case was on a fast track to the minor spending his life in prison and only as a result of the hardwork of Attorney Amster was this disaster avoided.

Success at Los Padrinos Juvenile Court - A minor was charged with beating up a teenager, severely injuring him and helping a gang member stab the teenager as well. Furthermore the minor was on probation at the time the crime occurred. Finally the minor was a gang member in the notorious “Hawaiian Gardens” gang. As a result of Attorney Amster’s hard work the minor was spared being tried as an adult, he did not have to plead to a strike and only had to go to juvenile camp. Another miraculous result by Attorney Amster.

Success at Sylmar Juvenile Court - A minor was caught participating in spray painting a wall outside of a store. The prosecution alleged that the cost of cleaning up the graffiti was more than $400.00 making the crime a felony. Attorney Amster caused an investigation to be done and uncovered the fact that the cost of cleaning up the graffiti was less than $400.00. Attorney Amster then was able to show with the social history of the minor that he was an “A” student and well thought of by friends and relatives. As a result of presenting these facts to the court and the prosecution, Attorney Amster was able to successfully negotiate the case be dismissed against the minor after he paid the cost of cleaning up the graffiti. Another happy ending caused by Attorney Amster.

Success at Eastlake Juvenile Court - The police were called to a residence where gun shots had been fired in the backyard. The minor admitted to being the one who fired the gun. The police searched the home and found drugs in the house. The minor had already had a juvenile case concerning drug possession. The prosecution wanted to have the minor sent to camp. After skillful negotiations Attorney Amster was able to convince the prosecution and the court to just allow the minor to be placed on probation and reside at his residence. Another success story for Attorney Amster.

These are just a few of the success stories Attorney Amster has achieved in juvenile cases. There are other success stories obtained in many other juvenile courts. Juvenile Courts located in Pasadena, Lancaster as well as Riverside and San Bernardino Counties. Attorney Amster’s track record has established him as one of the preeminent attorneys in juvenile law in Southern California.