Houman Fakhimi

Circumstances in Juvenile Case of Frances G. Could Happen in Irvine Juvenile Crime Cases

Juveniles are capable of committing just about any crime an adult can commit. Yet, what authorities sometimes don't take fully into consideration is that young people aren't capable of making rational decisions like most adults.

They simply don't have the ability many times to determine right from wrong. But still, officials may file charges against a juvenile, not considering that Irvine juvenile charges carry long-term consequences.

An experienced Irvine criminal defense lawyer understands that juveniles, depending on their age, can be charged as adults. And even if they enter the juvenile justice system, sometimes, while protected, those records can lead to consequences, such as loss of scholarships, denial of getting into college, missing out on a job opportunity and other issues.

The case of Frances G., shows us that police will treat juveniles like adults in many aspects. A girl in Rhode Island was charged with vandalizing a relative's car after a dispute the relative had the girl's mother.

According to court documents, Frances and her mother traveled to the home of the girl's aunt's house to get a curling iron. When they went to the apartment, the aunt told her daughter to tell the two she was sleeping. They continued knocking and used vulgar language to demand she come out.

Two minutes later, the aunt's daughter screamed out, "Willa is at your car with a brick." When the woman awoke and looked outside, she saw her vehicle's windshield had been smashed and there were dents on the car as her sister and France G. drove off in another vehicle.

Later that night, Frances was with her father, who was contacted by police. They voluntarily went to the police station and the officer asked for a "general breakdown" of what happened before giving the girl her Miranda warnings. Miranda warnings are what people typically know as "the right to remain silent, anything you say can and will be used against you in a court of law..." and other warnings. After the girl told the officer what happened, he gave her a written set of Miranda rights that she and her father were read.

The girl said her mother instructed her to smash the windshield of the car and she admitted she was fully responsible for committing the crimes. After a trial, the girl was found to be wayward and was put on probation for a year and ordered to serve 30 hours of community service.

On appeal, attorneys argued that her statement to the officer violated her Fifth Amendment rights and they argued that the aunt shouldn't have been allowed to testify about what her daughter allegedly saw.

In both instances, appeals judges denied the arguments and upheld the girl's sentence. This goes to show that despite being only 12 years old, juveniles nationwide, including juveniles in Irvine, can be treated as adults, even if they are charged in the juvenile justice system.

Contact Houman Fakhimi trial attorney at (714) 705-6701 as soon as possible if you are charged with a crime. Protecting your rights and setting up an aggressive defense at the beginning stages is critical in defending against criminal charges.