The alleged violation of a condition of probation and a concise statement of facts to support this conclusion.
WIC § 777(a)(2)

At the § 777 hearing:

• facts alleged must be proven by preponderance of the evidence
• court may consider reliable hearsay to the same extent that it would be admissible in a probation revocation hearing
• court is no longer required to consider the effects on minor's schooling or job if minor detained

PRACTICE TIP:

• burglary of a dwelling, trailer coach, inhabited portion of a building now ---> any burglary of the 1st degree
• any felony under PC § 186.22 is added
• conspiracy to commit violation of § 11370.4 Health & Safety now ---> conspiracy to commit any of the felonies listed in (c).
• added, violation of penal code:
§ 220
§ 244
§ 245
§ 245.2, 245.3, 245.5
§ 246
§ 264.1
§ 288.5
§ 12034
§ 136.1
§ 422
§ 12022.53

1. First try to divert minor through drug court, 654 supervision, or community mediation.
2. Then try to negotiate all charges to misdemeanors.
3. Then try to negotiate down § 17(b) felony wobblers. In making motion to the court for a charge to be reduced to a misdemeanor, list any and all mitigating circumstances. A minor's performance on probation may provide the court with reason to reduce the felony offense to a misdemeanor.
4. Negotiate for non-strike offenses.

PRACTICE TIP:

Penal Code § 186.22(e) offenses

1. Assault with a deadly weapon or by means of force likely to produce great bodily injury, § 245.
2. Robbery, as defined in Chapter 4, (starting with § 211) of Title 8 of Part 1.
3. Unlawful homicide or manslaughter, as defined in Chapter 1 (starting with § 187) of Title 8 of Part 1.
4. The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code.
5. Shooting at an inhabited dwelling or occupied motor vehicle, as defined in § 246.
6. Discharge or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of § 12034.
7. Arson, as defined in Chapter 1 (commencing with § 450) of Title 13.
8. The intimidation of witnesses and victims, as defined in § 136.1.
9. Grand theft, as defined in subdivisions (a) or (c) of § 487.
10. Grand theft of any firearm, vehicle, trailer, or vessel.
11. Burglary, as defined in § 459.
12. Rape, as defined in § 261.
13. Looting, as defined in § 463.
14. Money laundering, as defined in § 186.10.
15. Kidnapping, as defined in § 207.
16. Mayhem, as defined in § 203.
17. Aggravated mayhem, as defined in § 205.
18. Torture, as defined in § 206.
19. Felony extortion, as defined in §§ 518 and 520.
20. Felony vandalism, as defined in paragraph (1) of subdivision (b) of § 594.
21. Carjacking, as defined in § 215.
22. The sale, delivery, or transfer of a firearm, as defined in § 12072.
23. Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of § 12101.
24. Threats to commit crimes resulting in death or great bodily injury, as defined in § 422.
25. Theft and unlawful taking or driving of a vehicle, as defined in § 10851 of the Vehicle Code.

Gang Association Repercussions, PC § 186.22

• Felony
       Add 2/3/4 years. Minimum is 180 days; judge has no discretion.
  PC § 186.22(b)(1)

• Felony within 1000 feet of a school?
       Aggravating circumstance in determining above sentence.
  PC § 186.22(b)(2)

• Felony with a life sentence in adult court?
       15 years, no parole automatically.
  PC § 186.22(b)(5)

• Is felony home robbery(PC § 212.5)/ car jacking(PC § 214)/ shooting at a house, car, plane, building, etc(PC § 246)?
       Take the 3 possible terms, add the enhancements, take the mid-term, or 25 years, whichever is greater.
  PC § 186.22(b)(4)(B)

• Is the felony extortion(PC § 518), or threats to victims or witnesses(PC § 136.1)?      Take the 3 possible terms, add enhancements, take the middle number, or 7 years, whichever is greater.
  PC § 186.22(b)(4)(C)

• Misdemeanor + gang enhancement shall =
       ºcounty jail for no less than 180 days, up to 1 year
  
• Felony + gang enhancement shall =
       ºprison, for 1/2/3 years
  No discretion by the court, even if probation granted or sentence suspended;
       MUST DO 180 DAYS.
  PC § 186.22(d)

Gang Recruitment, PC § 186.26

Threats of violence(PC § 422) 2 times within 30 days to the same person = state prison for 2/3/4 years PC § 186.22(b)

Use of physical force to get person into gang or keep them from leaving gang = state prison for 3/4/5 years PC § 186.22(c)

Victim is a minor = additional 3 years
PC § 186.22(d)

Registration as Person with Gang Association, PC §§ 186.30, 186.32

• When?
       Within 10 days of release from custody or of moving
  PC § 186.30(a)

• Where?
       At the local law enforcement agency.
  PC § 186.30(a)

• Who?
       Minor and guardian or parent.
  PC § 186.32(a)(1)(A)

• What is produced by the agency?
       Service of notification of the California Street Terrorism Enforcement and Prevention Act
  PC § 186.32(a)(1)(B)

• What's produced by the minor?
       Any information required by the agency, plus photo and fingerprints of minor.
  PC § 186.32(a)(1)(C)

• What if the minor moves?
       Must inform the law agency where last registered, in writing, of new address.
  PC § 186.32(b)

• What if new address is in new jurisdiction?
       Must register with new agency, in writing, within 10 days of move.
  PC § 186.32(b)

• How long must minor continue to register?
       5 years after date of last court imposed requirement to register.
  PC § 186.32(c)

Failure to Register, PC § 186.33

Graffiti, PC §594

Damage is less than $400? ==> county jail up to 1 year &/or up to $1000 fine
PC § 594(b)(1)(A)

2d graffiti conviction + damage is less than $400? ==> county jail up to 1 year &/or $5000 fine
PC § 594(b)(1)(B)

All of the above = felony vandalism for purposes of § 186.22(e)
PC § 186.22(e)(20)

Wire Taps, PC § 629.52

Enhancements Due to Priors Served in CYA, PC § 667.5

§ 667.5 violent felony changes:

• robbery is no longer qualified regarding place of occurrence
• carjacking, PC § 215, no longer must have a weapon
• extortion under § 186.22 is added
• threats to victims or witnesses under § 186.22 is added
• burglary where it is proven another person was in the house
• § 12022.53 (use of gun in enumerated crimes) added

When Minor, Tried as an Adult, May be Sent to CYA, WIC § 1732.6

Court shall maintain discretion to sentence minor to DOC or commit to CYA in all other cases UNLESS:

1. minor convicted of criminal act described in § 602(b) WIC § 1732.6(b)(1)

2. minor convicted of offense described in § 707(d), paragraphs (1), (2), or (3), if circumstances enumerated in those paragraphs are found to be true
   WIC § 1732.6(b)(2)

3. minor convicted of § 707(b) offense and 16+ at time of commission. WIC § 1732.6(b)(3)

No minor under 16 shall be housed in any facility under the jurisdiction of DOC. WIC § 1732.6(c)

§ 667.5 "violent felonies":

1. murder or voluntary manslaughter
2. mayhem
3. rape
4. sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
5. oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
6. lewd acts on a child under the age of 4 years
7. any felony punishable by death or imprisonment in the state prison for life
8. any felony in which the defendant inflicts great bodily injury on anyone but the accomplice which has been charged and proven; or any felony in which the defendant uses a firearm which has ben charged and proven
9. any robbery perpetrated in an inhabited dwelling, vessel which is inhabited and designed for habitation, an inhabited floating home, an inhabited trailer coach, or in the inhabited portion of any other building, wherein it is charged and proved that the defendant personally used a deadly and dangerous weapon
10. arson
11. the offense described in PC § 289(a) where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
12. attempted murder
13. violation of § 12308
14. kidnapping
15. continuous sexual abuse of a child
16. carjacking, if charged and proven that the defendant personally used a dangerous or deadly weapon
17. any robbery in the first degree
18. a violation of § 264.1

Public Attendance at Juvenile Court, WIC § 676

EXCEPTION: public admitted if minor alleged to have committed any offense listed below:

• murder
• arson of an inhabited building
• robbery while armed with a dangerous or deadly weapon
• rape with force or violence or threat of great bodily harm
• sodomy by force, violence, duress, menace, or threat of great bodily harm
• oral copulation by force, violence, duress, menace, or threat of great bodily harm
• kidnapping for ransom
• kidnapping for purpose of robbery
• kidnapping with bodily harm
• assault with intent to murder or attempted murder
• assault with a firearm or destructive device
• assault with any means of force likely to produce great bodily injury
• discharge of a firearm into an inhabited dwelling or occupied building
• any offense described in § 1203.09, 12022.5, 12022.53, 136.1, 137, 289(a) of Penal Code, 11351 11351.1, 11352, 11378, 11379, 11379.5 of Health and Safety, of Penal Code
• any felony offense in which a minor personally used a weapon listed in subdiv. (a) of § 12020 of Penal Code
• Burglary of an inhabited dwelling, house, trailer coach, as defined in § 635 of Veh. Code, or the inhabited portion of any other building, if the minor previously has been adjudged a ward by reason of commission of any offense listed in this section.
• criminal street gang activity which is a felony pursuant to § 186.22 of Penal Code
• Manslaughter as specified in § 192 of Penal Code
• driveby shooting or discharge of a weapon from or at a motor vehicle as specified in §§ 246, 247, 12034 of Penal Code
• carjacking, while armed with a dangerous or deadly weapon
• kidnapping, in violation of §209.5 of Penal Code
• torture, as described in §§ 206, 206.1 of Penal Code
• aggravated mayhem, in violation of §205 of Penal Code

EXCEPTION TO THE EXCEPTION:

Is alleged crime rape, sodomy, oral copulation, or any offense in § 289?

YES

Did DA move to close the hearing, based on request by victim?	YES-->	may close hearing WIC § 676(b)(1)
OR
Was victim under 16 at time of offense?	YES-->	may close hearing during victim's testimony WIC § 676(b)(2)

Public Disclosure of Minor's Name, WIC § 676(c)

Public Disclosure of Court Documents, WIC § 676(d)

EXCEPTION: The probation officer or any party may petition court to prohibit disclosure. WIC § 676(e)

Juvenile court may allow this IF harm to minor, victim, witness, or public outweighed by benefit of public knowledge

BUT: if for benefit of the minor, court must make written finding that the failure to disclose is to protect the safety of the minor.

Public Disclosure of List of Hearings for the Day, WIC § 676(g)

Included in list is location of hearing and time hearing will be held.

Notification to Sheriff, WIC § 827.2

Minor found to be a 602 pursuant to a felony

Written notice shall be provided by the court within 7 days to the sheriff of the county where offense committed and county where minor resides WIC § 827.2(a)

Notice shall include info regarding offense committed and dispo of minor WIC § 827.2(a)

Sheriff may disseminate info to other law enforcement personnel, provided he/she reasonably believes the release of this info is relevant to prevention or control of juvenile crime. WIC § 827.2(a)

Info is to be confidential and for law enforcement purposes only. A violation of this may result in a fine up to $500. WIC § 827.2(b)

Release of Information Upon Arrest, WIC § 827.5

Release of Information Pursuant to an Arrest Warrant, WIC § 827.6

Minor (of any age) alleged to have committed violent offense as listed in § 667.5?

YES

Arrest warrant outstanding?

YES

Law enforcement may release NAME, DESCRIPTION, and ALLEGED OFFENSE if the info would assist in apprehension of minor or protection of public.

Agency and city and/or county where agency sits not liable for civil damages

The Reporting of a Minor's Criminal History, WIC § 602.5

Sealing of a Minor's Record, WIC § 781(a)

Does the court have jurisdiction over the minor? Was the minor to appear in front of a PO per § 626?	YES-->	Have 5 yrs elapsed since then?
Has the minor attained the age of 18?		YES
	Minor may petition the court for sealing of the records.
Has the petitioner been convicted of a felony or misdemeanor involving moral turpitude?		Has rehab been attained to the satisfaction of the court?
	Court shall order records sealed.   If petitioner had been a registrant pursuant to § 290, these registration requirements are lifted and court shall order destruction of all registration information. Has minor been convicted of a § 707(b) offense when he/she was 14+?

YES

Court shall not order records sealed in any case.

Sealing and Destruction of Records, WIC § 781(b-e)

None of the above applies to a minor found unfit to be tried in juvenile court and subsequently tried in adult court. WIC § 781(e)

No Presumption of Fitness, WIC § 707(a)(1)

1. The minor is 16 years of age or older
2. The minor is a person described in § 602 by reason of any criminal violation other than those listed in § 707(b)

In this scenario, the DA must move to have the minor tried as an adult.

The court makes an evaluation based upon the following criteria:

1. The degree of criminal sophistication exhibited by the minor.
2. Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction.
3. The minor's previous delinquent history.
4. Success of previous attempts by the juvenile court to rehabilitate the minor.
5. The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.

Presumption of Fitness, WIC § 707(a)(2)

The burden is on the minor to prove fitness under all prongs.

1. The degree of criminal sophistication exhibited by the minor.
2. Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction.
3. The minor's previous delinquent history.
4. Success of previous attempts by the juvenile court to rehabilitate the minor.
5. The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.

WIC § 707(b) Offenses

• murder
• arson, as in § 451(a) or (b) of Penal Code
• robbery
• rape with force or violence or threat of great bodily harm
• sodomy by force, violence, duress, menace, or threat of great bodily harm
• lewd or lascivious acts as listed in § 288(b) of Penal Code
• oral copulation by force, violence, duress, menace, or threat of great bodily harm
• any offense listed in § 289(a) of Penal Code
• kidnapping for ransom
• kidnapping for purpose of robbery
• kidnapping with bodily harm
• attempted murder
• assault with a firearm or destructive device
• assault by any means of force likely to produce great bodily injury
• discharge of a firearm into an inhabited or occupied building
• any offense described in § 1203.09 of Penal Code
• any offense described in §§ 12022.5, 12022.53 of Penal Code
• any felony offense in which the minor personally used a weapon listed § 12020(a) of Penal Code
• any felony offense in §§ 136.1, 137 of Penal Code
• manufacturing, compounding, or selling one-half ounce or more of any salt or solution of a controlled substance specified in § 11055(e) of Health & Safety Code
• any violent felony, as listed in § 667.5(c) of Penal Code, which would also constitute a felony under § 186.22 of Penal Code
• escape, by use of force or violence, from any county juvenile hall, home, ranch, camp, or forestry camp in violation of § 187(b) of Penal Code, where great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
• torture, as in §§ 206, 206.1 of Penal Code
• aggravated mayhem, § 205 of Penal Code
• carjacking, § 215 of Penal, while armed with a dangerous or deadly weapon
• kidnapping, § 208(d) of Penal
• kidnapping, § 209.5 of Penal
• violation of § 12034 of Penal
• violation of § 12308 of Penal
• voluntary manslaughter, § 192(a) of Penal

Application of WIC § 707(c)

-----> minor presumed not fit

-----> must find minor fit under every prong

-----> judge in adult court may commit minor to CYA in lieu of corrections

Application of WIC § 707(d)

If in adult court due to DA filing there, at prelim the magistrate also makes a finding that reasonable cause exists to hold the minor in adult court.
WIC § 707(d)(4)

Adult court judge may sentence minor to CYA in lieu of correction
WIC § 707(d)(6)

NOTE: If reasonable cause is not found at the prelim, the minor is returned to Juvenile Court. WIC § 707(d)(4).
     If DA does not transfer minor to adult court, minor must be committed to a secure facility, e.g. county camp, boot camp, secure out of home placement.
     Minor may be sent to CYA if found guilty in criminal court.

NOTE: Probation officer is not required to prepare a social report for determination of fitness. WIC § 707(d).

NOTE: Victim's statement, if offered, must be included in social report. Such statement shall be considered by the court to the extent that are relevant to the court's determination of fitness. Statement is limited to the five fitness criteria.

PRACTICE TIPS: WHAT THE MINOR NEEDS TO KNOW:

• One prior felony makes minor eligible for direct filing if minor later commits a crime against the elderly or disabled, hate crime, or gang-related crime.
• Two prior felonies when 14 or older makes minor eligible for fitness hearing if any new felony after the age of 16.
• If minor is eligible for direct filing and certain fitness hearings, then mandatory commitment to a secure facility.
• Expanded list of juvenile adjudications that may be used as strikes.