We have had three young lads commit burglary of a building. Two of them were still on probation, both for what would be misdemeanors if they were adults.
I filed a new petition on each of those juveniles and will file a motion to modify as well. We had the detention hearings this afternoon. The judge asked why we were filin new cases rather than simply modifying the old dispositions.
I told him that it was to broaden the disposition options. I do not think that you could prove that a juvenile is a habitual offender unless you have a separate case for each felony offense.
Does anyone have a policy in this area? I am wondering if I should just be filing motions to modify the disposition and leave it at that.
I agree with you. If they are only on for misdemeanors I would file new petitions on the felonies. But, I don't think I would file MTM on the misdeameanor too, what good would it do?
You can "enhance" a kid to determinate sentencing with multiple felony priors but multiple misdemeanors or MTM on the misdemeanor, won't help you there.
I am in agreement with Stacey. I typically won't file a MTM if the prior probation is a misdemeanor and just go on the new case. In rare cases--if the prior probation is a felony and they pick up a new misdemeanor, I will go on the MTM and not file the misdemeanor. Just my 2 cents.
I agree with the others in that you should file separately. If you just continue to modify the one misdemeanor, TYC is never going to be an option because you need more than one misdemeanor adjudication. The one felony will get you there, either originally or in a subsequent modification. I would only file the misdemeanor modification if you have some proof issues in the felony you are concerned about. In the modification hearing there is no right to a jury trial and your burden of proof is lower. If they committed the felony but you can't quite prove it beyond a reasonable doubt, at least you may be able to extend their existing supervision.
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