Post Adjudication Remedies

Patricia Lee, SF Public Defender’s OfficeKate Weisburd, East Bay Community Law ClinicMaryAnn Kotler, San Diego Public Defender’s Office

PJDC Roundtable Sept. 19, 2015

Proposition 47

Alejandro N. v Superior Court of San Diego County 238 Cal.App.4th 12091170.18 PC applies to juvenile offendersDNA expungement is warranted Reduction of fines Recalculation of confinement time Kudos to MaryAnn Kotler!!

17B PC Motions to Reduce

17 B Motions to reduce

A. At disposition

B. Post-termination usually 245(a)(1) PC

In re G.Y. (2015) 234 Cal.App.4th 119617 b applies to 245 (a)(1) even with GBI; P v Feyrer 48 Cal. 4th 426 Cannot seal 781 WIC even if reduced after a plea to felony

Motions to DismissWelfare and Institutions Code § 782

Motions to Dismiss 782 WIC – in the interests of justice or client is not in need of treatment or rehabilitation

A. Prevent declaration of wardship

B. During wardship - early termination (include 786 WIC auto-sealing) - court must set aside the

previous findings and dismiss the petition Derek L. V. Superior Court (1982) 137 Cal. App. 3d 228

Motions to DismissWelfare and Institutions Code § 782

C. Haro motion to dismiss to prevent strike enhancement in criminal courts (no record sealing under 781 WIC or AB666?)- People v. Haro (2013) 221 Cal.App.4th 718

“operates as a matter of law to erase the prior conviction as if the defendant had never suffered the prior conviction”

725(a) Non-Wardship Probation Motions

Early termination after 6 months

A. But can stipulate to an extension beyond 6 months and minor benefits (appellate court will not reverse In re Lino B. (2006) 138 Ca. App. 4th 1474)

B. Cannot detain absent termination of 725 a and declaration of 602 wardship; In re Trevor (2001) 88 Cal App 4th 833 but court can set conditions of home detention

725(a) Non-Wardship Probation Motions

C. Two situations – equivalent to court probation 300 wards (Under 241.1, minor prohibited from being adjudged both a ward of dependency and delinquency court at a given time) Court can set terms and conditions of informal probation including: - Search condition In re Walter P. (2009) 170 Cal. App. 4th 95 - 725 a on a 707(b) offense to avoid a strike?

D. Termination of 725 a requires evidentiary hearing

-In re Deon W. (1998) 64 Ca.App.4th 143

Relative Placements

NREFM (Non-Related Extended Family Members) now replaced Relative Family Applicant (RFA) must meet home approval standards and permanency assessment criteria Not required if not seeking AFDC-FC funding

Motions to Modify

WIC § 778 Motions to Modify for less restrictive disposition

Preponderance of evidence GPS motions to modify

New Challenges to Probation

Fines and feesGPS

JUVENILE RECORDS

WHAT IS A JUVENILE RECORD?

All papers and court records in a juvenile case. Any recorded contact with law enforcement or probation agencies. All papers pertaining to the case which are kept by other agencies.

WHAT DOES IT MEAN TO SEAL YOUR RECORDS?

This means all records held by the police department, the district attorney, and the probation department will be sealed. Sealed court proceedings are deemed to not have occurred.You can answer “NO” to questions asking whether you have a criminal record or arrest.

WHAT ARE THE ELIGIBILTY REQUIREMENTS

WIC § 781

You have reached the age of 18.

It has been five or more years since juvenile court jurisdiction has ended (5 years from the last arrest or discharge from probation).

You may petition the court to seal your juvenile record under Section 781 of the Welfare and Institutions Code when:

or

WHO CAN ASK TO HAVE A JUVENILE RECORD SEALED?

Since reaching the age of 18 years:

• No conviction of a felony or misdemeanor involving moral turpitude.

• “Moral turpitude” crimes that show baseness, vileness, depravity or violate accepted moral standards of the community.

The person must show:

• Compliance of court and probation orders.

• Demonstrate rehabilitation to the satisfaction of the court.

• There is no open civil suit regarding juvenile actions.

• There are no unresolved traffic matters (i.e. failures to appear or outstanding warrants.

The person must pay in full:

• All previous fines (unless waived WIC § 730.6 )

• All previous restitution

• This includes fines as an adult or juvenile, including any traffic fines.

Record Sealing WIC § 786

Satisfactory completion of informal 654.2 or 725 or a term of probation for non 707 (b) offenseCourt shall order the “petition” dismissed Court shall order sealed all records in the custody of the juvenile court Except DA and probation can access for 790 DEJCourt can access for petition to resume under

§ 388