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CA DMV Statistics: Driving Under the Influence (DUI)

Gold, Leftwich & Wagner — Fri, 18 May 2012 20:23:00 GMT

Office of Public Affairs
2415 First Avenue
Sacramento, CA 95814
(916) 657–6437
dmvpublicaffairs@dmv.ca.gov

Contact: Mike Marando, Armando Botello,
Jan Mendoza, Jessica Gonzalez

FOR IMMEDIATE RELEASE
May 18, 2012

Sacramento –The California Department of Motor Vehicles (DMV) announced today that its annual report highlighting a wide range of information on Driving Under the Influence (DUI) in California, from arrests, convictions, court sanctions, and fatalities in alcohol and drug related crashes is now available online.

The 2012 California DUI Management Information System (DUI-MIS) report tracks the processing of offenders through the DUI system from the point of arrest through conviction and license control actions.

Among the Report's key findings:

Alcohol/drug-involved crash fatalities decreased by 15.2% in 2010
195,879 people were arrested for DUI in 2010
The median age of a DUI arrestee in 2010 was 30 years
77.2% of 2009 DUI arrests resulted in convictions
The greatest number in DUI fatalities in crashes remains alcohol related, but drug involved fatalities rose by 63% during the past decade

The report found when drugs are involved in fatal crashes the number of fatalities rose from 428 in 2000 to 696 in 2010. A total of 1,416 people were killed in crashes in 2010 in which alcohol and/or drugs were involved.

The report also found that the number of drivers between the ages of 18 and 20 involved in alcohol related fatal and injury crashes increased from years 1999 to 2009. But it did show that the number of drivers under age 18 involved in the same types of crashes decreased over the decade.

The annual DUI-MIS data system and report has led to numerous improvements in the California DUI system. The report made changes to the identification of inappropriate reporting of DUI conviction information from courts to the DMV and created major initiatives to improve the tracking and reporting of DUI cases.

To read the full findings of the DUI-MIS report log onto dmv.ca.gov and look under studies and reports.

The Gov Appoints 3 From OC

Gold, Leftwich & Wagner — Fri, 18 May 2012 19:59:00 GMT

The Orange County Register reports Gov. Jerry Brown appointed three new judges who are from Orange County. David A. Thompson, Julian W. Bailey, and Lewis W. Clapp

Judge Thompson, an Orange County Superior Court since 1998, was named an associate justice of the Fourth District Court of Appeal, Division Three. Salary for the job is $204,599.

Julian W. Bailey, who has served as a superior court referee for the Orange County Superior Court since 2011, was appointed to an Orange County Superior Court judgeship.

Lewis Clapp, who has served as director of the Orange County Associate Defender's Office since 2011, was also appointed to an Orange County Superior Court judgeship. Both Superior Court positions pay $178,789 annually.

Update: USA v. Johnny Reid Edwards

Gold, Leftwich & Wagner — Thu, 17 May 2012 19:20:00 GMT

Here's the latest on the John Edwards case as reported by the LA Times, or as it is more officially known, USA v. Johnny Reid Edwards, in the U.S. District Court, North Carolina Middle District:

Defendant did not testify
Defendant's mistress did not testify, but was on Oprah
Defendant ran out of court after his daughter, yelling "Cate… Cate"
Defendant's wife confronted Defendant about affair in a public airport
Defendant lied to American people on National TV that affair was over and child was not his
Defendant's wife tragically passed away,
Defendant's view is that (925K) not illegal campaign contributions
Money was from wealthy people to help hide affair
Defendant did not know about the money
Defendant's former aide solicited the payments as part of scam to benefit the aide and his wife

The defense team led by Well-known defense attorney by Abbe Lowell is using the, "Defendant is a cad, but did not break the law" defense. Same defense used by Well-known defense attorney Mark Geragos in the Scott Peterson murder trial.

The LA Times Article further notes, "Although the Prosecution's 3 week case features ribald tales of an illicit affair and alleged lies and schemes by Edwards, the defense clung to a granular dissection of complex campaign finance law."

These are the laws that have been granually dissected by the defense:

18 USCS § 371

§ 371. Conspiracy to commit offense or to defraud United States

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

2 USCS § 441a(a)(1)(A) and 2 USCS § 441a(f)

§ 441a. Limitations on contributions and expenditures

(a) Dollar limits on contributions.
(1) no person shall make contributions--
(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $ 2,000;

(f) Prohibited contributions and expenditures. No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section.

18 USCS § 1001(a)(1)(2)

§ 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully--
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation shall be fined under this title, imprisoned not more than 5 years or both.

Other Notes and/or "Ribald Tales":

Defendant's actual first name is: Johnny
Defendant wrecked his political career, poisoned his marriage
Defendant strides into court, tan, hair perfect, suit crisp, acts like he owns the place, honey-voiced NC lawyer is accustomed to winning in court
Deliberations could begin Friday.

"Bait Car" Shows Cop's Perjury Made DA Dismiss CarJacking Case

Gold, Leftwich & Wagner — Thu, 10 May 2012 19:04:00 GMT

The LA Times reports the reality TV show "Bait Car" showed a potential car thief checking out a red Cadillac Escalade with the keys in the ignition and the engine running.

After he gets inside and drives off, Los Angeles County Sheriff's deputies pull him over and cuff him.

However, the real story came later In court when the Los Angeles County Sheriff's Department Detective Anthony Shapiro testified under oath that he read the suspect's Miranda rights from a card from his notebook before the suspect made incriminating statements.

But the LA Times article reveals video for "Bait Car" shows Detective Shapiro never read the suspect his Constitutional Rights, including the right to remain silent and have an attorney present during questioning.

"You watch TV. You know your rights and all that?" Detective Shapiro asked instead, according to the video.

After Detective Shapiro's conduct was discovered, the Los Angeles District Attorney dismissed the case and Sheriff's investigators launched a criminal perjury investigation against the detective.

Court documents show Detective Shapiro was almost fired in 2008 over allegations he received stolen property from a known felon.

The Sheriff's department classified those allegations as "unfounded." However, the serious flaws in the sheriff's internal investigation were discovered. According to a 2010 report by the Office of Independent Review, the "investigative deficiencies hampered a potential criminal prosecution and forced the department to continue to employ a deputy it believed had committed serious crimes."

Fullerton Cop Case Gets Past Prelim

Gold, Leftwich & Wagner — Wed, 09 May 2012 22:11:00 GMT

The fact that the case has gone past the preliminary hearing stage is hardly a surprise. Don't tell other criminal defense attorneys I said this, but, "Every case gets past prelim." There was no way any judge would stop this case at this stage and take it out of the jury's hands. How many preliminary hearings do you think THE DA, himself, has done lately?" It was a dog and pony show.

This was a nice little Battle royal between The Real DA of Orange County and arguably the region's top criminal defense attorney. There are other great criminal defense attorneys to be sure (ahem), but when cops get caught beating the hell out of someone on camera, the Donavan Jackson case is all you need to know.

In criminal trials, jurors tend to follow cops like blind mice. In response to the defense attorney's argument the cop is less than forthcoming with the truth, and therefore, the defendant is not guilty, the defense attorney gets blank stares and: "Why would the cop lie? Why would the cop do anything to jeopardize his or her job? It just doesn't make sense!" Followed by a Guilty Verdict. All based on the word of the police officer(s).

But, in criminal trials where the defendants are police officers everything is backwards. The prosecutors and the cops who are on same team most the time, are now against each other. The defense attorney and the cops are now best pals, but in regular criminal trials they are at odds. The Sheriff's Deputy (bailiff), courtroom staff and judge all treat the police officer-defendant and defense attorney with more respect because the defendant is a police officer.

Whoever has the alliance with the police officer has the advantage in a criminal trial.

The video of the Fullerton cops' encounter with Kelly Thomas speaks for itself.

It seems to me that based on how the Orange County DA's office aggressively files charges that more charges should be filed and more officers should be added to the case.

However, by the time trial rolls around, it could very well be a different story once the police-loving, homeless-mentally-ill intolerant Orange County jury decides whether to convict the cops of murder and involuntary manslaughter.

Jury Selection in Roger Clemens Retrial

Gold, Leftwich & Wagner — Tue, 17 Apr 2012 16:29:00 GMT

The Associated Press State & Local Wire

At the new trial for Roger Clemens, several jurors questioned the value of the Congressional Hearing in which Clemens is alleged to have committed the perjury.

During jury selection on Monday, a potential juror said he felt "it was a little bit ridiculous" when Congress held hearings on drug use in sports because the juror felt the government should have been focusing on bigger problems.

Another potential juror recalled the 2008 hearing by saying, "At the time, I remember thinking it didn't seem to be a great use of taxpayer money." But she, too, was kept in the pool after she said she could be impartial.

Another was excused when she said Congress spent "too much time" on the investigation.

The Rocket's criminal defense lawyer Rusty Hardin hinted the defense might challenge Congress' authority to call the hearing in the first place, but U.S. District Judge Reggie Walton was skeptical of that line of questioning.

The seven-time Cy Young Award winner returned to court Monday for the government's second attempt to prove he misled a House committee at a hearing in 2008. The first trial last July ended in a mistrial when prosecutors introduced inadmissible evidence after only two witnesses had been called.

Lawyers on both sides read a list of 104 people who could be called as witnesses or whose names could be mentioned during the trial, including Barry Bonds and Jose Canseco; Bud Selig; New York Yankees general manager Brian Cashman; baseball writer Peter Gammons; and Paul O'Neill, Jorge Posada and Mike Stanton.

The star witness: Clemens's former strength trainer, Brian McNamee, says he injected The Rocket with steroids and human growth hormone and says he kept used needles that will be entered as scientific evidence at trial.

The retrial is expected to last four to six weeks, with the first several days devoted to jury selection. The jury selection process began with Judge Walton taking more than an hour to read 86 yes-or-no questions to the entire jury pool, including "Do you have any opinions about Major League Baseball good, bad or whatever?"

Clemens's criminal defense lawyer Rusty Hardin stressed to the jury pool that not all of those potential witnesses would be called, or else they "would be here about two years."

Clemens faces a maximum sentence of up to 30 years in prison and a $1.5 million fine if convicted on all six charges. Maximum penalties are unlikely because Clemens doesn't have a criminal record, but Judge Walton made clear at the first trial that Clemens was at risk of going to jail if convicted for failing to accept responsibility. Under U.S. Sentencing Guidelines, he probably would face up to 15 months to 21 months in federal prison.

Catalina Jail Inmate Helps LA Sheriff's Captain Golf Game

Gold, Leftwich & Wagner — Thu, 05 Apr 2012 17:45:00 GMT

The Los Angeles Times reports a pro golfer turned jewel thief couldn't believe his luck when he was transferred from Men's Central Jail cell in downtown L.A. to the jail on Catalina Island.

Things got even better when he met a Los Angeles County Sheriff's captain interested in improving his golf game.

The inmate said Captain Jeff Donahue took him in a patrol Jeep to a hilltop golf course on Catalina last summer. There, dressed in his yellow jumpsuit, the inmate said, he gave the captain a golf lesson.

The "free" lesson ended up being costly for Captain Donahue, who is under investigation for an inappropriate relationship with an inmate. The allegations were detailed in a complaint by one of Donahue's subordinates.

Deputy William Cordero, who filed the claim, said Donahue documented in the jail log that Carrillo never left the station.

Cordero also claims Captain Donahue told him the golf outing was cleared by Sheriff Lee Baca, who was on the island in July for a charity event.

Donahue is now on medical leave. He headed up the Los Angeles County Sheriff's Avalon force, which polices Catalina and San Clemente islands and the ocean waters separating them from the mainland.

The inmate ended up at the island jail after making headlines for stealing a World Series championship ring from a former Dodger at a charity golf event. He pleaded guilty to charges related to a string of thefts involving cash, Rolex watches and other jewelry valued in the tens of thousands of dollars. He was sentenced to two years and has since been released.

Shortly after the lesson, the inmate said, Captain Donahue took a golf trip to Palm Springs. When he returned, he said, the captain raved about how much his swing had improved.

NFLPA Provides Players With Lawyers: Saints Bounty Case:

Gold, Leftwich & Wagner — Wed, 04 Apr 2012 21:29:00 GMT

The Associated Press

The NFL Players Association told players involved in the New Orleans Saints' bounty case there is a chance they could face criminal charges and The Association has retained outside counsel to represent the players, if needed.

While Commissioner Roger Goodell ponders how to punish the players the NFL says might be connected to the bounties, the NFLPA suggests that players have a lawyer and union representative present when the player is interviewed by NFL investigators.

The union plans to head to New York this week to meet with NFL security staff and review additional evidence.

The NFL says 22-27 defensive players were part of the Saints' pay-for-pain bounty pool, which awarded cash money for vicious hits that knocked out targeted players. One example, according to the league: Linebacker Jonathan Vilma offered $10K to any New Orleans defensive player who took out Minnesota Vikings QB Brett Favre during the 2010 NFC championship game.

DeMaurice Smith, executive director of the NFL Players Association, told the website Pro Player Insiders that the league hasn't turned over what the union would consider direct evidence of player involvement in a `pay to injure' scheme.

"If there is direct evidence of a `pay to injure' scheme implicating players or anybody involved," Smith said, "we are asking the league to turn over that information."

Gabe Feldman, a law professor and director of the Tulane Sports Law Program, said shortly after the NFL made its investigation public that he didn't expect any criminal or civil legal action specifically tied to the bounties.

"They're difficult cases to bring, because it's hard to prove the injury was caused by a tackle with specific intent to injure, rather than a regular tackle," Feldman explained at the time. "We all know injuries are a part of football. There can't be legal liability anytime there is an injury. Otherwise, you can't have football."

Detroit Lions RB Re-Enacts Scene From Fast Break

Gold, Leftwich & Wagner — Tue, 03 Apr 2012 16:56:00 GMT

As reported on Busted Coverage, Detroit Lions Mikel Leshoure tried to eat weed during a traffic stop. Leshoure been arrested on two marijuana charges since February. Today, he didn’t show up for court and a warrant was issued for his arrest. It's not clear whether his failure to appear in court was without legal excuse.

The latest marijuana case, which occurred on March 12, accuses Leshoure of trying to eat the cannabis he had with him.

Does this remind anyone of the scene when the team was on their way to Cadwalader University in Fast Break, starring Gabe Kaplan and Bernard King?

Different Fullerton Officer Faces Criminal Charges

Gold, Leftwich & Wagner — Wed, 14 Mar 2012 15:40:00 GMT

The LA Times reports the Orange County District Attorney's Office has filed criminal charges on another former Fullerton police officer. This time the Orange County DA's office has charged a former Fullerton cop with destroying evidence. The District Attorney has accused this officer of destroying his digital audio recorder which recorded his conversations with a man who later committed suicide in the Fullerton city jail.

The former Fullerton police officer is charged with one misdemeanor count of destruction of evidence in a death investigation and one misdemeanor count of vandalism. If convicted, he faces up to 18 months in the Orange County Jail.

A few hours after the former Fullerton police officer made the DUI arrest, the drunk-driving suspect hanged himself in a Fullerton jail cell. Orange County prosecutors allege that the Fullerton Police Officer destroyed his audio recorder by crushing it and then removing the motherboard and circuit board after learning of man's death.

Fullerton police officers are required to record all public contacts. The former Fullerton police officer told investigators that his audio recorder had been activated.

The audio recorder is the same type that later in the year captured key evidence used in the investigation of Fullerton officers in the death of Kelly Thomas, a homeless man who was beaten by police and later died. That investigation resulted in second-degree murder charges being filed by the Orange County District Attorney's Office against Fullerton Police Officer Manuel Ramos and involuntary manslaughter charges against Fullerton Police Officer Jay Cicinelli. Both have criminal defense attorneys and have entered pleas of not guilty.

Update: Nails Sentenced To Prison

Gold, Leftwich & Wagner — Wed, 07 Mar 2012 02:08:00 GMT

Former star baseball player and financial whiz Lenny Dykstra was sentenced to three years in state prison on Monday, after L.A. County Superior Court Judge Cynthia Ulfig rejected a last-minute effort to change his no contest plea and fight the charges.

Dykstra faced up to a four-year sentence. He must serve his time in State Prison. This blog reported that "Nails" had pleaded no contest to grand theft auto and filing a false financial statement in connection with a scheme to steal or lease several new cars.

He was immediately taken into custody after the sentencing.

In delivering the sentence, the Judge said the effort to steal cars showed "sophistication and planning." Prosecutors said he did not exhibit any remorse.

"Mr. Dykstra might not believe he is a criminal, but his actions have been criminal," she said, invoking baseball terminology such as "strikes" and "home run" to underscore her point.

Her sentence came after Dykstra's criminal defense lawyer unsuccessfully urged the court to withdraw the no contest plea.

Occupy Long Beach: My contribution

Gold, Leftwich & Wagner — Mon, 06 Feb 2012 20:07:00 GMT

I don't have the time to meet at the park. Although I'm down with the movement. I wish it would have happened before I had gotten married and had kids.

If some legal research would help, then here you go. As a criminal defense attorney, can't think of what else you might need that I could provide pro bono.

To prove the crime of "An Unlawful Assembly" the District Attorney or Long Beach City Prosecutor must prove two or more persons assembled to do an unlawful act or to do a lawful act in a violent, boisterous, or tumultuous manner. California Penal Code section 407. It is best to represented by a Los Angeles Criminal Defense Attorney because it is a misdemeanor to take part in an unlawful assembly.

To prove the crime of "A Riot" the District Attorney or Long Beach City Prosecutor must prove two or more persons who have assembled also acted together and made attempts at, or advanced towards the commission of, an act that, if actually committed, would be a riot. California Penal Code section 406.

Being convicted of participating in a riot means you will have a misdemeanor conviction on your record. You may be sentenced by no more than six months' in any County Jail, by a fine of no more than $1,000, or both fine and County Jail.

To prove "A Riot" has occurred the District Attorney or Long Beach City Prosecutor must prove two or more persons acted together without legal authority and used or threatened to use force or violence to disturb public peace, if the act is accompanied by an immediate power of execution. California Penal Code section 404.

Inciting a riot also is a misdemeanor punishable by one year in county jail or $1,000 fine or both.

38 Reasons (Other Than Alcohol) Why You Could Fail The DUI Eye Test In CA

Gold, Leftwich & Wagner — Sat, 31 Dec 2011 21:12:00 GMT

For misdemeanor or felony DUI charges where the prosecutor has evidence that the officer looked at the driver's eyes and that meant something.

William Leroy Schultz Sr. was convicted in a DUI jury trial for driving under the influence, speeding, and driving with excessive alcohol in his blood. He appealed the conviction on the grounds the trial judge unfairly admitted the police officer's testimony about the results of the horizontal gaze nystagmus test. His DUI criminal defense lawyer objected to the cop testifying about the HGN test and results for lack of foundation but was overruled.

The court of appeals ruled the police officer's HGN testimony should not have been allowed. Mr. Schultz's convictions for driving under the influence and driving with an excessive amount of alcohol in his blood were reversed. The court of appeals agreed with the DUI lawyer about the HGN evidence.

The points made in this case apply no matter what jurisdiction you are in because in every state the cop does some form of HGN test.

The court of appeals said the level of competency among officers who give the HGN test is wide-ranging. The NHTSA manual defines the "well-trained technician" as someone who studies and properly adheres to the NHTSA manuals. In all probability, not every police officer would meet this standard. Therefore, this comment suggests that certification for administering the HGN test should not only guarantee that the officer will know how to administer the test and know what to look for, but that the officer will know that there are many other causes of HGN other than alcohol.

The court said that cases and scientific literature indicate that, in addition to alcohol, many other factors have been mentioned as a possible cause of horizontal gaze nystagmus. They include: (1) problems with the inner ear labyrinth; (2) irrigating the ears with warm or cold water under peculiar weather conditions; (3) influenza; (4) streptococcus infection; (5) vertigo; (6) measles; (7) syphilis; (8) arteriosclerosis; (9) muscular dystrophy; (10) multiple sclerosis; (11) Korchaff's syndrome; (12) brain hemorrhage; (13) epilepsy; (14) hypertension; (15) motion sickness; (16) sunstroke; (17) eye strain; (18) eye muscle fatigue; (19) glaucoma; (20) changes in atmospheric pressure; (21) consumption of excessive amounts of caffeine; (22) excessive exposure to nicotine; (23) aspirin; (24) circadian rhythms; (25) acute trauma to the head; (26) chronic trauma to the head; (27) some prescription drugs, tranquilizers, pain medications, anti-convulsants; (28) barbiturates; (29) disorders of the vestibular apparatus and brain stem; (30) cerebellum dysfunction; (31) heredity; (32) diet; (33) toxins; (34) exposure to solvents, PCBS, dry cleaning fumes, carbon monoxide; (34) extreme chilling; (35) eye muscle imbalance; (36) lesions; (37) continuous movement of the visual field past the eyes, i.e., looking from a moving train; (38) antihistamine use. Schultz v. State, 1995 Md. App. LEXIS 151, 60-61 (Md. Ct. Spec. App. 1995)

Christmas DUI Arrests in LA County

Gold, Leftwich & Wagner — Tue, 27 Dec 2011 18:22:00 GMT

CHP AND LASD DUI Arrests in Los Angeles

As of 6:00 a.m. Christmas morning, 138 people were arrested for DUI or driving under the influence of alcohol or drugs in Los Angeles County by the CHP.

Across California, the CHP arrested 710 people for DUI – driving under the influence or driving over the legal limit.

The California Highway Patrol and other law enforcement agencies have launched a crackdown on drunk drivers called "Avoid the 100" anti-DUI Holiday Campaign.

The L.A. Sheriff's Department reports making 1,506 DUI arrests as part of the Avoid the 100 anit-DUI Holiday Campain.

It's to be determined how many of the people arrested for DUI will be convicted in Court or will have their license suspended or revoked by the DMV.

If arrested for DUI, contact the Criminal Defense Strikeforce to defend your case.

Juvenile Court Judges Must Follow Law

Gold, Leftwich & Wagner — Mon, 26 Dec 2011 19:58:00 GMT

The California Supreme Court has said although under the United States Constitution a juvenile court hearing does not need all the requirements of an adult criminal trial or even of an administrative hearing, a juvenile court hearing must have the essentials of due process and fair treatment, such essentials being adequate notice of the charges, assistance of counsel, opportunity for confrontation and cross-examination, and the privilege against self-incrimination.

Criminal Lawyers - Fitness Hearings

The determination of whether a minor is a fit subject for juvenile justice system rests with the juvenile court judge, commissioner or referee, but that discretion must be exercised within the framework of the California Juvenile Law.

In a Los Angeles Juvenile Case, where a Los Angeles Juvenile Court determined that a 16-year-old minor, who was charged with committing a bank robbery while using a gun, was fit for treatment under juvenile court law, the court of appeal said the juvenile court commissioner made a judicial error by failing to make specific findings as to each and every one of the five criteria in Welfare & Institutions Code Section 707 (c):

(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 offenses alleged in the petition to have been committed by the minor.

Juvenile Court Law in California Welfare & Institutions Code Section 707 creates a presumption that a minor 16 years old or older who commits one or more of the crimes listed in Welfare & Institutions Code Section 707 (b) is unfit for the juvenile justice system. The findings to rebut the presumption required by Welfare & Institutions Code Section 707 (c) are a mandatory precondition to a determination of amenability to juvenile court treatment. Absent substantial compliance with the statute, the presumption of unfitness survives, and a finding of amenability to the juvenile court system contrary thereto is in excess of the juvenile court's jurisdiction. The juvenile Court Commissioner forgot or did not bother to reference each one of the 5 factors.

This requirement is not tantamount to a requirement that the minor's criminal defense attorney prove his or her innocence to rebut the presumption, since the fitness hearing does not involve an adjudication of guilt, but instead involves a determination of whether the best interests of society are served by juvenile justice system. People v. Superior Court (Zaharias M.) (1993, Cal App 2d Dist) 21 Cal App 4th 302, 25 Cal Rptr 2d 838.

The juvenile court judge or commissioner cannot simply base his or her decision on the "totality" of the situation.

If you have a juvenile court case, contact the criminal lawyers with a former juvenile court commissioner to defend the case.