Hi all -
Anyone use Fam. Code 54.045 very often? I've got a 15 yo kid with some history, including a short level 5 stay, who (non-forcibly) had sex with a 13 yo at a big meth party. I filed both a motion to modify for the subsequent hot UA and an original petition for agg sex asslt of a child. While I want to send the kid to TYC, sending him up on an agg sex case will stick him there for 2 years minimum and require registration as a sex offender, which I don't want to do. On the other hand, the victim's family is up in arms (somewhat understandably) and wants him to acknowledge responsibility. I was thinking that taking the sex offense into consideration on the disposition of the motion to modify might be the way to go. I guess I could also just have the motion to modify state the commission of the new offense as a basis as an alternative. Ideas? Suggestions?
To start, nothing is really going to guarantee how long he stays if you send him on a non-determinate. I've seen kids go on a MTR and stay 3 years and a kid sent on a sex offense stay 6 months. TYC will generally stick to their guidlines but I have always been told that they are just that, guidelines, and how the kid does in his "resocialization program" will determine how long he stays.
Also, you can always waive, make nonpublic or defer the sex registration if thats a major concern.
You might consider doing your MTR if you have other violations and leave the sex stuff pending and make the deal that if he does OK in TYC and thereafter that the sex offense is rejected/refused but if he doesn't then you'll proceed with the sex case.
We recently did the same thing you are talking about. We had a kid on an arson charge that was a really weak case. So instead of going to trial, we filed an MTR alleging several technicals as well as the arson. Knowing that we had him dead to rights on the technicals, he went ahead and pled true to the arson and we were able to get TYC time.
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