I'm kinda new to Juv. and I'll bet this topic has been discussed ad nauseum. But, when the JPO says a certain sanction level, where is the room to plea bargain? What I mean is, I have a case that JPO is recommending SL III, and def. atty says "nothing to lose, we want a jury trial". So we waste 2-3 days in trial for kid to get what we knew he would get.
I would tell the other side that the SL III is a guideline, and that if there is no trial, then the child is clearly accepting responsibility and ready for rehab, and probably only needs 9 months (or whatever amount you think appropriate). BUT, if he says he didn't do it, and the evidence strongly suggests otherwise, then he will need longer and more stringent terms, such as electronic monitoring, or intensive supervision (reporting multiple times a week), and will last longer. Not that much of an incentive, but if the evidence is solid, then no good defense attorney would tell his client to gamble when the pre-trial offer is so reasonable. Another thing to tell them is that the more stringent the terms, the more likely the child to violate, which in turn increases future chances of detention.
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006
