For the Defense - Vol. 4, Issue 3 - 28
juvenile cannot prove amenability, there
is little likelihood of transfer to juvenile
Court. Amenability must be the focus of your
preparation.
In considering amenability to treatment,
age matters, so you must move quickly.
Juvenile court jurisdiction lasts until age 21,9
but many judges will be reluctant to transfer a
defendant who is 18 years of age prior to the
decertification hearing. The older your client
gets, the less time he or she has available to
receive treatment in juvenile court. Therefore,
the process of preparing for the decertification
hearing should begin at the preliminary hearing,
you should file the petition for transfer of
jurisdiction immediately, and you should make
every effort to schedule the decertification
hearing as soon as possible. You want to be able
to argue that your client has enough time to
receive rehabilitation in the juvenile system, and
the younger your client is at the decertification
hearing, the stronger your argument that
transfer is appropriate.
Consult with Experts
You will need an expert with expertise in
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For The Defense
l
Vol. 4, Issue 3
juvenile forensic psychology and knowledge of
the juvenile court system.10 After providing your
client's background and the case history, your
expert's evaluation should include review of all
relevant records, an in-person interview with
the juvenile, and an interview with the juvenile's
parent or guardian.
You will need to collect all relevant documents
and provide them to your chosen expert. Subpoena
all your client's school records from every school he
or she has attended. The subpoena should include
grade reports; disciplinary records; attendance
records; and IEP evaluations, re-evaluations, and
meeting notes. IEP records can be especially helpful
in certain cases, because they often include useful
information like IQ testing results, pharmaceutical
and behavioral interventions (or lack thereof), and
prior diagnoses.
In addition to school records, you will need
to track down all other documentation of your
client's treatment history and court history. If your
client has been through any form of mental health
treatment, collect those records. Request your
client's entire juvenile file, including probation
records and CYF records, from the clerk of courts.
If your client has been to a juvenile placement
For the Defense - Vol. 4, Issue 3
Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 3
Contents
For the Defense - Vol. 4, Issue 3 - 1
For the Defense - Vol. 4, Issue 3 - 2
For the Defense - Vol. 4, Issue 3 - Contents
For the Defense - Vol. 4, Issue 3 - 4
For the Defense - Vol. 4, Issue 3 - 5
For the Defense - Vol. 4, Issue 3 - 6
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For the Defense - Vol. 4, Issue 3 - 8
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