July 15, 2020, 12:15Rebecca Ray
Pending case- need fresh eyes
Our office has a case that we need to quickly make a decision on due to the fact that the juvenile respondent turns 18 in mid August.
The crime occurred on 2/8/2019, it was filed with the wrong agency, eventually transferred to our SO dept. where it sat for a year.
It is a sexual assault charge. The victim and juvenile are close in age (within 3 years). Allegedly, the defendant sexually assaulted the victim when she was intoxicated (voluntarily intoxicated) and she was not aware until the next day when a friend informed her that she had sex with respondent. A bit of background, four teens, victim, respondent and 2 mutual friends came to our jurisdiction for a night of drinking. Prior to this night, victim and respondent did not know each other. They just had the mutual friends.
My issue is that I do not know what to do with this case.
Regular petition- can't do this due to R's age. If I did file a regular petition all that I could seek would be TJJD until he was 19 or just the adjudication. I likely would not get a trial date until January at best.
Transfer- do not feel comfortable doing this because 1) length of time that the case sat on detective's desk before it got to us and 2) we have a separate County Attorney and District Attorney's office and we are getting a new DA in January. I do not want to put this on her desk. She is taking over a very mismanaged office and will be very busy.
Determinate sentence- Probably my best option. If we filed the case now, we likely will not get a trial until the first of the year at best so that makes this option not look so sweet.
Am I overlooking anything that is a better option? What would you do?