- Jurisdiction
- Kansas
12yo juvenile with high functioning mental disorder got himself a very stiff charge. level 1 felony! The facts in the case do not really fit the charge, but per the letter of the law, I guess. The juvenile has never been in trouble and is far from a liability in the system. His misunderstandings in life got him in big trouble. I would wager my life he will not be a repeat offender.
From my readings, it seems to judge might only have "discretion" on the sentencing part? Someone thought it a fine idea to take him to the DA for a full confession so their case is pretty much air tight so this comes down to a plea for understanding with his condition in an effort to not ruin his life, which is about to happen!
Felon for life at age 12. Due to the severity level 1, it cannot be expunged. I believe punishment is reasonable but they are seeking to make him just another product and drain of the system. No employment means welfare. His disability already had him in a tough spot. Couple that with a felony and we are setting him up for failure.
I have talked with several defense attorneys and all agree that not going to turn out well so we will probably go with a court atty as there is little defense. I can try to argue on the mental illness but I don't think the courts will really appreciate this is a 12yo functioning at the mentality of an 8yo.
Can anyone offer points of defense here? It does not sound like the DA will want to bargain at all, just get fat, air tight conviction for life.
I am still a little gray on the procedures in juvenile court. I just want this child to have an opportunity to do something in life. I have read story after story of employment of felons. None of it is good. No one wants a felon on their payroll.
From my readings, it seems to judge might only have "discretion" on the sentencing part? Someone thought it a fine idea to take him to the DA for a full confession so their case is pretty much air tight so this comes down to a plea for understanding with his condition in an effort to not ruin his life, which is about to happen!
Felon for life at age 12. Due to the severity level 1, it cannot be expunged. I believe punishment is reasonable but they are seeking to make him just another product and drain of the system. No employment means welfare. His disability already had him in a tough spot. Couple that with a felony and we are setting him up for failure.
I have talked with several defense attorneys and all agree that not going to turn out well so we will probably go with a court atty as there is little defense. I can try to argue on the mental illness but I don't think the courts will really appreciate this is a 12yo functioning at the mentality of an 8yo.
Can anyone offer points of defense here? It does not sound like the DA will want to bargain at all, just get fat, air tight conviction for life.
I am still a little gray on the procedures in juvenile court. I just want this child to have an opportunity to do something in life. I have read story after story of employment of felons. None of it is good. No one wants a felon on their payroll.