Legal Question in Criminal Law in California

when i was 17 i got a domestic case an i jus got another one and im 21 are they stll aloud to bring up my juvenile record an does it make a diffrence if im enrolled n drug diversin classes (pc 1000)


Asked on 9/03/09, 1:08 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

The juvenile case could affect your current situation in a couple of ways.

In most cases, the DA can't bring up prior incidents to show you're more likely to commit a crime; for instance, they can't bring up prior thefts to show a defendant is a thief. There's an exception in sex and domestic violence cases, so your actions four years ago could be introduced as evidence that you have a predisposition to commit domestic violence.

The new case could also affect your drug diversion. Under Penal Code �1000, you enter a guilty plea, but the judge doesn't accept the plea and puts off sentencing for 18 months to three years. At the end of the period, if you've stayed out of trouble and complied with the other conditions, the case is dismissed.

However, if you're found to have violated the terms of your diversion by committing a new crime, the judge could accept your plea in the PC1000 case and sentence you accordingly.

Finally, if you're convicted of a new domestic violence offense, the court might consider your juvenile record in deciding how to sentence you.

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Answered on 9/03/09, 7:57 pm


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