Juvenile
Murder / Juvenile Fitness Hearing
Client
was arrested and charged with murder
for shooting the alleged victim in
the head. The defense position
was that was a case of self-defense, even
though no gun was found on the dead
body. The District Attorney
filed a 707 petition to have the minor
tried as an adult. If the minor went
to adult court he would have faced
up to life in state prison.
Over a
course of six months of court proceedings,
Attorney George Kita was able to mount
a vigorous defense and was able to
get the entire murder case dismissed
and client was released from custody
the same day.
Juvenile Murder
Client was
arrested for murder. Attorney George Kita was able to quickly
intervene to protect the child's rights. A team of experts and investigators
was immediately assembled to challenge the government's evidence
and prevent any police interrogation. The case was dropped by the
District Attorney's office.
Juvenile Home Invasion Robbery / Juvenile Fitness Hearing / Juvenile Factual Findings of Innocence
Minor was identified by two victims as having robbed them at their home. As a result, client was falsely accused of a crime he did not commit. He was charged with five felony counts including two counts of Home Invasion Robbery, one county of Assault with a deadly weapon, one count of Assault with a Firearm, one county of Grand Theft Firearm and gun enhancements. The District Attorney filed a petition to have the child tried as an adult thru a fitness hearing.
Mr. Kita was able to show that the identification procedure had been tainted and that the wrong person was in custody. Minor was facing 16 years in state prison but after having serving two months in custody, Mr. Kita was able to get the case dismissed, the child released from custody and have his client declared "factually innocent," pursuant to Welfare and Institutions Code section 781.5(d). This is a rare result in the state of California as very few lawyers have gotten their juvenile clients declared factually innocent.
Juvenile Attempted Murder Knife Stabbing/ Juvenile Fitness Hearing
Client along with four other minors were arrested and charged with attempted murder for an alleged stabbing. As a result, the minor was facing a fitness hearing to determine whether he would be tried as a adult. The alleged victim had sustained ten stab wounds varying in size from 3/4 " to 1 1/2 " long on his entire back, collapsed left lung, and possible punctured left kidney. After numerous court proceedings, Mr. Kita was able to prevent the case from going to adult court where he could have faced a life sentence. Mr. Kita was able to resolve the case without any strikes or confinement time.
The attempted murder charge was dismissed. The minor is eligible to receive a misdemeanor after one year and to eventually get his record sealed because the minor did not admit to a 707(b) offense.
Juvenile Attempted Murder Gun Shooting/ Juvenile Fitness Hearing
Client was arrested and prosecuted for three felony strikes including one count of attempted murder, two counts of assault with a deadly weapon and gang enhancements pursuant to Penal Code section 186.22(b)(1)(C) that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further and assist in criminal conduct by gang members. The complaining party was shot in the back of the neck and the stomach. If the case were to be sent to adult court, the minor would have faced up to life in state prison.
Mr. Kita was able to get the Fitness Hearing Petition withdrawn, all charges dismissed and a plea of no contest to two added non strike wobblers that were both non 707(b) offenses which makes the client eligible to get his felonies reduced to a misdemeanor and to get his record sealed. The plea also helped client avoid going to the California Youth Authority.
Juvenile Aggravated Assault with Great Bodily Injury
The District Attorney's Office filed a petition seeking that the minor be considered for commitment to the California Youth Authority for Juvenile Aggravated Assault with Great Bodily Injury. The victim sustained a fractured skull, blood clot under fractured skull and required surgery to remove the blood clot and extensive medical attention in the intensive care unit. The victim was in the hospital for 10 days.
The police coerced a false confession from the client. The case went to trial and after a lengthy four week interrupted juvenile trial, Mr. Kita was successful in getting the Juvenile Court to make a finding that that the petition was "not true", the juvenile court equivalent of not guilty. The client was immediately released from custody on that day and reunited with his family.
Juvenile Assault with a Deadly Weapon
Minor was charged with four felony charges including two counts of Assault with a Deadly Weapon and two other felony charges for a maximum confinement time of 6 years and 4 months. The probation department said it considered recommending the minor be sentenced to the California Youth Authority but was willing to recommend camp. The initial offer from the District Attorneys office was 9 months in camp. After three days of trial, the court ruled that all charges were found to be "not true," the juvenile court equivalent of not guilty. The case was dismissed and the client was ordered released from custody.
Juvenile Assault with a firearm, Gun Enhancement and Gang enhancement
Minor was alleged to have fired his weapon after confronting someone. The District Attorney filed a fitness hearing to have the minor sent to adult court. After a Fitness Hearing, the Juvenile Referee sent the case to adult court where the minor faced 27 years and four months in state prison.
Mr. Kita filed a request for a rehearing which was granted and the case was sent back to Juvenile Court where the case resolved for "home on probation." This is a rare result in California where a case was already sent to adult court and yet was sent back to juvenile court and resolved with home on probation.
Juvenile Sodomy
Client,
a 16 year old minor was accused of forcing his 42 year old mentally
retarded uncle to wear a womens night gown before sodomizing him.
The minor was arrested and charged with two felony counts of sodomy
with a maximum incarceration of 10 years.
In addition if he were sentenced to the California Youth Authority, he would
have been required to register as a sex offender for life.
Mr. Kita's
thorough investigation found out that the complaining party had suffered from
psychosis and had been medically diagnosed with having sexual delusions. The complaining witness' sexual
fantasies included wearing womens clothing and delusions of participating
in sexual orgies.
As a result of diligent preparation of the defense case,
all charges were completely dismissed. The client was inmediately
released from custody after having served 11 days and was reunited
with his parents.
Juvenile Burglary
The District Attorney's Office filed a felony charge of burglary against the minor. Minors grand parents are very knowledgable about the juvenile justice system. Minor's grandfather retired as a Long Beach Homicide Detective and his grandmother worked for 35 years as a Orange County Juvenile Probation Officer. They hired Mr. Kita to represent minor. On the first court date, Mr. Kita was able to convince the DA that they could not prove their case. The entire felony case was dimissed in front of the Juvenile Court Judge.
Juvenile Child Molestation and Juvenile Indecent Exposure
The District Attorney's Office filed a petition alleging attempted child molestation and indecent exposure. Mr. Kita was able to keep out propensity evidence under Evidence Code section 1108, expert testimony of a DA witness, and hearsay evidence under Evidence Code section 1360. After a seven day court trial, the court ruled the facts were allegations to be "not true" the juvenile court equivalent of not guilty. The minor was immediately ordered released from custody and reunited with his family.
Juvenile Child Molestation
The District Attorney filed a petition alleging two counts of child molestation in northern California. Client a 15 year old minor denied the allegations. The case was personally handled by the elected- District Attorney of the County. The client never entered a plea, and never appeared in court. After several months of court proceedings, Mr. Kita was able to successfully get the entire criminal complaint dismissed. This is a successful accomplishment rarely done in the state of California as the majority of Juvenile Courts mandate a personal appearance of the minor in court.
Juvenile Possession of a Firearm by a minor, Juvenile Having a Concealed Firearm on the Person, and Juvenile Carrying a Loaded Firearm, not Registered.
Minor was charged with three felony counts facing a maximum confinement time of 4 years and 4 months. Mr. Kita was able to show that they prosecution could not prove their case beyond a reasonable doubt and the District Attorney agreed to dismiss the entire case.
Juvenile Fitness Hearing, Child Molestation, Penal Code Section 288.5
Minor was alleged to have participated in more than "100 sex acts" against his neice. The District Attorney's Office filed a 707 fitness hearing to have the minor tried as an adult. Client was exposed to 17 years in state prison. Mr. Kita was able to get the fitness hearing dismissed and was able to resolve the case thru open suitable placement. The Juvenile Judge complimented Mr. Kita's accomplishment on the court record.
Juvenile Child Molestation
Minor was accused of child molestation involving a 6 year old cousin. The District Attorney's Office demanded that the minor be sent to suitable placement. Mr. Kita was able to convince the court to allow minor reunited with his family with a home on probation disposition.
Juvenile Child Molestation/ Motion to modify order
Client was not happy with his four prior attorneys who were unsuccessful in getting the minor returned home on probation. Mr. Kita took over the case and filed a WIC 778 Motion to modify the prior placement order. The Court ruled in favor of returning client home on probation.
Juvenile Child Molestation
Client was charged with five counts of child molestation involving two alleged victims. Mr. Kita was able to work out a home on probation resolution.
Juvenile Sexual Battery by Restraint & False Imprisonment
Client was charged with two felony counts alleging false imprisonment and sexual battery by restraint. Mr. Kita was able to get the charges dismissed.
Juvenile Possession for Sales of Drugs
Client was charged with possession of marijuana for sales. The police seized a digital scale, numerous baggies containing marijuana,150 clear plastic baggies, plastic baggies containing 6.01 grams of marijuana, 1.04 grams of marijuana, 1.80 grams of marijuana, .98 grams of marijuana, and a weapon. Mr. Kita was able to get the case dismissed prior to trial.
Juvenile Arson/ 2 acres of brush
Mr. Kita was retained to represent one of the top 13 year soft ball pitchers in the California. Unfortunatley minor was arrested for arson due to some burning of 2 acres of brush. Mr. Kita was able to set up a meeting with the District Attorney's Office and resolved the case without any charges being filed.
Juvenile
Arson of car
Client
was wrongly accused of setting a car
on fire. After hearing all the evidence,
the juvenile judge found the allegations
"not true."
Juvenile
Arson of car
Client was
accused of causing arson to a vehicle. Mr. Kita was able to get
the case dismissed.
Juvenile
Arson of house
Client was
arrested with three other minors for reportedly throwing a molotov
cocktail at a residence. Mr. Kita was able to get the case dismissed.
Juvenile
Assault with a Deadly Weapon
Client
was accused of hitting the complaining
party on the arm with a baseball bat
during a fight. Mr. Kita provided
evidence that this was mutual combat
and was able to get the charge dismissed.
Juvenile Assault with a Firearm with Gang Enhancements/ Request for Rehearing Granted
Minor was charged with two counts of Assault with a Firearm and one count of exhibiting a deadly weapon with gang ehancements on all three felony counts. Minor was found unfit for juvenile court and sent to adult court. Mr. Kita filed a Request for Rehearing which was granted. As a result, Mr. Kita then filed a motion to dismiss the adult case which was also granted.
Juvenile Assault by means likely to cause great bodily injury
DA filed charges against client for causing bodily injury to complaining party. Mr. Kita provided evidence that the children had mutually agreed to fight at a location after school. Case was dismissed.
Juvenile Automobile Theft
DA filed a felony case alleging that minor stole a vehicle. After a thorough investigation of the case, Mr. Kita had evidence to undermine the credibility of the prosecutions case. The case was dismissed at trial.
Three Felony Strikes alleged on Juvenile Petition -Juvenile Car Jacking, Juvenile Robbery, Juvenile Assault with a Deadly Weapon
The District Attorney filed a petitiion charging client with three strikes and five felony charges with a maximum confinement time of 16 years and 4 months. The Juvenile Judge refused to allow client to keep his case in juvenile court and the case was sent to adult court. The minor's parents retained Mr. Kita who was able to successfully resolve the case for probation with zero strikes and helped his client get released on house arrest on a wobbler that can be eventually reduced to a misdemeanor.
Juvenile Drug Possession
Client was charged with
possesion of drugs and for being under
the influence of narcoties. Mr. Kita's
office was able to get the client
released from custody and into a very
reputable drug treatment program.
Juvenile Drug Possession for Sales
Client was caught with a very large quantity of marijuana and stated that he was merely buying the marijuana from someone else. Case was dismissed.
Juvenile Grand Theft
Client was arrested and charged with felony grand theft for allegedly breaking into a school campus and stealing four television sets. At the time of the arrest, the minor had already been accepted into the United States Air Force. The Air Force does not generally accept anyone who has been found guilty of a crime. A plea bargain admitting to the charge would have destroyed the minors future in the United States Air Force. After diligent preparation and zealous advocacy, Mr. Kita got his clients case dismissed.
Juvenile Gun Possession
Client was arrested for possession of a loaded firearm, a felony. The officer indicated that he got a good look of minor with a spot light. The standard offer by the DA's office is generally short term camp (90 days in custody). Minor indicated that the police arrested the wrong person. Minor brought several witnesses to trial. Minor also retained an identification witness to discuss how a witness identification could be unreliable due to cross racial identification, weapon focus, divided attention and other well established scientific principles. The case was dismissed at trial.
Juvenile Placement
The client had been
unsuccessful in placement for nearly
a year before hiring Mr Kita. Within
a couple of weeks, Mr Kita was able
to get the client released to his
parents home on probation.
Juvenile
Placement/ Request for Rehearing Granted/ Reversal of Ruling
The minors previous
attorney agreeed with the Juvenile
Court referee to have minor in a level
2 placement out of state despite the
fact that minor was not suitable.
Mr. Kita took over the case and immediately
filed a motion and was able to get
the Presiding Juvenile Judge to overturn
the placement order issued by the
Juvenile Court referee and have minor
returned to his parents home on probation.
Juvenile Rape
Client was charged with forcible rape. An aggressive
investigation showed that the complaining party had serious
credibility problems. Attorney George Kita was able to get
the case dismissed.
Juvenile CarJacking / Robbery with a gun
Victim claimed
he was carjacked by someone brandishing a silver firearm and wearing
a red cap and red shirt. Several hours later, client was stopped
by police in the drivers seat of the complaining party's vehicle
wearing a red shirt and red cap. The client's fingerprints
were on the complaining party's wallet located in the glove compartment.
The client's fingerprints were all over the complaining party's
car.
Carjacking and robbery are strikes under the three strikes
law. The client could have been sent to adult court due to
the serious allegations. Mr Kita immediately intervened
in the case and successfully challenged the identification process.
Attorney George Kita was able to resolve the case for lesser charges,
no jail and home on probation. The client subsequently graduated
from high school and is now attending a major university.
Juvenile Hate Crime
Client was
wrongfully accused of being a white supremacist by a few students
and the school principal. Client was arrested and charged for assault
and battery and for committing a hate crime on a school campus.
The defense was able to show that some of the government's witnesses
had severe credibility problems. Furthermore, the defense was able
to show that many of the clients closest friends and girlfriend
were minorities to refute the unfounded allegations. The case was
dismissed at trial.
Juvenile
Robbery involving knife
The District
Attorney filed two counts of robbery against the child alleging
that he had participated in a string of robberies. The child was
accused of robbing several pizza delivery persons and placing a
knife at the neck of one of the individuals. Two witnesses who did
not know each both identified the child as one of the perpetrators.
The client was charged along with three other minors. Mr. Kita was
the only attorney to get his clients robbery charges dismissed.
Ten Felony Strikes alleging Juvenile Robbery and Assault with a deadly weapon
Client was accused of a total of 10 felony strikes involving robbery with a weapon. Client was offered time at the California Youth Authority. The defense rejected the offer and the case went to adult court where he faced a maximum exposure of 19 years in state prison.
Mr Kita was able to get nine of the ten felony charges dismissed and successfully prevented client from being sent to both state prison and the California Youth Authority.
Juvenile Robbery involving gun at three locations
Client
was accused of committing seven felony
counts of robbery involving a firearm
at three different locations.
The
minor was offered to spend seven years
and four months at the California
Youth Authority. The defense rejected
the offer and the case went to adult
court where it ultimately resolved
for time served. Client did not spend
one day at the men's central jail.
Juvenile
Armed Robbery
The
District Attorney filed a case alleging
two counts of armed robbery. Mr. Kita
was able to obtain substantantial
impeachment evidence against the complaining
parties. Both charges were dismissed
at trial.
Juvenile Car Theft
Client was
accused of stealing a car. The client did not know who the stolen
car belonged to. Mr Kita immediately intervened to protect the child's
rights and to commence an aggressive defense. The district attorney
agreed not to file charges.
Juvenile Probation Violation / CYA Petition for assaulting Camp Staff
Client was
accused of getting into fights and assaulting staff at a juvenile
camp. The juvenile probation department filed a 777 probation violation
asking that the minor be sent to the California Youth Authority. Mr Kita quickly
intervened on the case and met with members of juvenile probation
and the juvenile district attorney's office. Mr Kita was able to
get the probation violation dismissed and the child reinstated in
camp at a different location.
Juvenile
Probation Violation / CYA Petition for Camp Escape
Client
was accused of running away from a
juvenile camp. He was caught
two years later. The juvenile
probation department filed a 777 probation
violation with the juvenile court
asking that the minor be sent to the
California
Youth Authority. Mr Kita quickly
intervened on the case and was able
to get the probation violation dismissed.
The minor was able to avoid the committment
to the California Youth Authority.
Juvenile
Probation Violation / CYA Petition for starting Riot at Camp
Client
was accused of starting a "who bang" (riot) at
a Los Angeles County Juvenile Camp. In addition it was alleged he
punched another inmate in the stomach
and choked another juvenile. The
Los Angeles County probation department
recommended a commitment to the California
Youth Authority. Mr. Kita was able
to save the juvenile from being sent
to CYA.
Juvenile
Sexual Battery
Client
was accused of sexual battery on a
high school campus. Mr. Kita was able
to get the case dismissed.
Juvenile
Theft and Felony Evading
Client
stole merchandise from a store, got
into a car and later was stopped by
police. Refusing to surrender, client
felony evaded police. Mr. Kita got
the entire case dismissed.
Juvenile
Assault with a deadly weapon
Client was charged with a felony assault
with a deadly weapon for reportedly
trying to stab someone. Mr. Kita was
able to show that the charges were
without merit. Mr. Kita was able to
get the case dismissed.
Juvenile
Robbery
Client was arrested for participating
in a robbery of a department store.
After several court proceedings, Mr.
Kita was able to get the case was
dismissed.
Juvenile
Arson / Juvenile Vandalism
Client
was accused of committing arson at
a local church and for destroying
and damaging school property. This
included tearing out pages from the
library books and urinating on top
of school computer equipment. Mr.
Kita was able to fashion a
remedy to help the juvenile and get
the case dismissed.
Juvenile
Reckless Driving
Client was
accused of driving a motor vehicle on the school grounds of an elementary
school during school hours whille students were congregated in the
school cafeteria area. During the first day of trial, Mr. Kita was
able to get the case dismissed.
Juvenile Vandalism
Client was observed spary painting gang graffiti on a wall. He was arrested for vandalism and for a gang enhancement. Minor was also on probation for the same type of charge. Mr. Kita was able to convince the DA and Court that there should be no probation violation and got the case dismissed. Minor left court a free man without having to admit to anything.
Juvenile Attempted Murder - Writ of Habeus Corpus
Minor was overdetained by the court because of a late filing by the District Attorney's Office. The Juvenile Court failed to release the minor at arraignment. Mr. Kita filed a Writ of Habeus Corpus and successfully got the Second District Court of Appeal to order that minor be released.
Juvenile Sexual Assault, Juvenile Sexual Battery, and Sexual Harassment / School Expulsion Hearing, Los Angeles Unified School District
Student, a ten year old, faced a school expulsion hearing for sexual assault, sexual battery and sexual harassment in violation of California Education Code section 48900. The Los Angeles Unified School District attempted to expel student based on the complaining witness alleging that student made her take her clothes off, touched her private parts, told her to put an object in her private area, and pretending to have sex with her.
Under Education Code section 48915(c)(4) , federal and state laws mandate expulsion if theallegations that the student committed or attempted to comit a sexual assault or battery are found to be true.
Mr. Kita was able to win the hearing by showing that the complaining party was not credible and that the was insufficient evidence to expel student.
Juvenile Assault of School Teacher, School Expulsion Hearing, Alhambra Unified School District.
Student, a freshman high school student allegedly assaulted his high school teacher by grabbing him in a headlock. Mr. Kita was able to successfully show what really happend. As a result, the School District agreed not to expel student.
Possession for Sales of Drugs/ School Expulsion Hearing, Los Angeles Unified School District.
Client was arrested for reportedly selling marijuana to an undercover LAPD officer twice on a high school campus within the Los Angeles Unified School District. Mr. Kita vigourously cross examined the undercover LAPD officer and his supervisor, a lead narcotics detective. After punching holes in the case, Mr. Kita was able to win the hearing and the minor was not expelled from school despite a zero tolorance policy that mandates expulsion.
Fight on Campus leading to school riot/ School Expulsion Hearing
Client faced a school expulsion for getting into a school fight that led to a large riot. Despite witness statements implicating client, Mr. Kita was able to show win the expulsion hearing by showing that the witnesses were not credible. Client was not expelled. He returned to school the very next day.
Assault with a deadly weapon involving a knife on School Campus/ School Expulsion Hearing
Complaining party and his girl friend claimed that client brandished a butterfly knife then attacked his ex-girlfriends boyfriend with the knife by putting it against his body. After cross examining the boyfriend, Mr. Kita convinced the school hearing panel that minor did not attack the person with the knife nor brandish it. This was a successful expulsion hearing that lasted nearly six hours in length. Client was not expelled.
For a free
consultation, please contact Juvenile Law Attorney George Kita at
(626) 975-2080 or email him at juvylawyer@aol.com