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Juvenile Crimes Decertification Hearings

One aspect of Juvenile Crimes are decertification hearings. The main goal of the juvenile criminal justice system is to rehabilitate an individual so that once they reach the age of 18, they do not end up in adult system. However, for the more serious offenses which are committed by juveniles that are close to the age of 18, often times they will be tried as an adult and be placed in the adult criminal justice system. juvenile sex offenses In order for the case to be placed back into the juvenile criminal justice system, the defense attorney for the individual must file a motion for juvenile decertification. The decertification motion is filed on behalf of the defense to get the case sent to the juvenile court. Once the motion is made, the judge will look at a number of different factors surrounding the case. Factors such as the age and maturity of the offender, mental capacity, sophistication of the crime, whether the offender will benefit from the services offered by the juvenile system, and public safety will all be taken into account when making a decision.

Decertification hearings are rarely seen in the realm of Juvenile Crimes and the justice system. aggravated indecent assault The decertification motion is very important for a juvenile to make because there are numerous advantages to being in the juvenile system, as compared to the adult system. In many cases the burden of proving that the juvenile is not amenable toward treatment rests on the prosecution, who use the preponderance of evidence standard which is lower than the beyond a reasonable doubt standard. However, in cases involving more serious offenses such as rape, murder, aggravated assault, or robbery, it is up to the defense to show that the individual is better off in the juvenile system than the adult. It is important to note that the prosecution does have some discretion when deciding to charge an individual as adult rather than a minor. Just because they are under the age of 18, does not guarantee that they are placed in the juvenile system. In order to give your child the best chance to be tried as such, it is important to have legal representation who will argue to get your case placed back into the juvenile system. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys who will fight to get the best resolution given the facts of your case.

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