Week in Review: April 26-30
Hello to all our readers out there! A shorter week in review but still some great information. Let’s get you headed into the weekend with a great Week in Review. RAISE THE AGE TIP OF THE WEEK! Where Is My Client Being Held? All juveniles under the 18 shall be held in a juvenile detention center or in a facility approved by the Juvenile Justice Section of the Division of Adult Corrections and Juvenile Justice. This also includes juveniles who have been transferred to superior court. If a juven
Week in Review: April 19-23
Happy Friday Readers! Another beautiful Friday in the books but it’s a bit cold in Raleigh. Where did spring go so fast? Well, at least there’s things like tea to keep us warm while we wrap up the week for you. First! A Tip! Immigration Consultations Did you know that IDS has made immigration consultants available to all defenders who have been appointed indigent clients? That means all of your juvenile clients! This may be especially helpful to determine if your client may be eligible for som
Week in Review: Apr 12-16
Welcome to the Weekend Readers! This week OJD was busy with meetings and discussions while also planning some new material to share with you all. We’d love to hear some of your thoughts, needs and wants to better assist you in your day to day work in Juvenile Justice. No idea is a bad one and you can contact anyone in the office! TIP OF THE WEEK When Should I Receive the Disposition Report? You should try to receive the disposition report prior to the dispositional hearing to review with your c
Week in Review: Apr 5-9
Happy Friday Readers! First week of April down and it’s getting warmer outside. Not to mention, time for pollen. We hope you’re stocked up on allergy cures for Spring. Well, it’s time for another Week in Review, let’s get started! Tip of the Week Prior Record Level Matters If your client’s prior record places him/her in a position for the judge to enter a level 1 OR 2 dispositional level, ALWAYS argue for a level 1 disposition. You can find a copy of the disposition chart here. Make sure to chec
Week in Review: March 22-26
Another Friday in the books and the last one of March! So let’s jump into our Week in Review. TIP OF THE WEEK! If you have a client being held on a secure custody order – remember it’s the STATE’s burden to prove to the court, by clear and convincing evidence, that the juvenile should remain in custody AND no less intrusive alternative will suffice (§7B-1906(d)). That means it’s not the court counselor’s role! Ask the court for less restrictive means, for example electronic monitoring or house
Week in Review: March 15-19
Happy Friday Readers! Short and sweet Week in Review for you today. We’re at the middle of the month and who doesn’t love getting to the weekend faster? Tip of the Week Transcript of Admission Filling out a transcript of admission on any admission of a new offense is important for several reasons. It memorializes the record of admission in writing if subject to an appeal. Reviewing the transcript with your client helps your client better understand the admission and the rights s/he is assertin
From a Lawyer’s View: Youthful Offenders – What to Do When Clients Want to Be Transferred
Who are youthful offenders? In the jurisdiction where I practice, we refer to 16-17 year-old clients who are subject to potential mandatory transfer to superior court as youthful offenders. This age group has its own special needs and challenges. One challenge is when your client either refuses an offer that will allow him/her to stay in juvenile court and/or requests transfer to superior court. We know from science that adolescent brains are not fully developed until approximately between the a
Week in Review: March 1-5
Happy March Readers! Can you believe we are 3 months into 2021 already? How is time flying so fast!? Well with each new month comes new opportunities and OJD is always here to help however we can. Let’s get you to your weekend with your Week in Review, Tip & some recaps! Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender Suppression motions and contested adjudicatory hearings – If the suppression motion is denied, object when the evidence is admitted at the adj
Week in Review: Feb 22-26
Happy Friday Readers! We’ve conquered the last week of February and ready to start new challenges on Monday, March 1, right? Right! A Monday and first of the month? Please! Just a little humor to get us going but as always, here’s to your week in review. Tip of the Week – Discovery The Juvenile Code has similar discovery rules to those followed in adult criminal court. Though Juvenile Court is in District Court, most jurisdictions understand that discovery transfer is a practice for both misd
Week in Review: Feb 15-19
Happy Friday Readers! We finally made it to the weekend, how good does it feel? Not to keep you waiting, let’s get right to it. Tip of the Week – Before You Plea Talk to your client about the impacts of an adjudication. While not as public as adult criminal convictions, juvenile adjudications may impact the following: immigration status, educational placement, housing conditions, eligibility to play sports, placement on a sex offender registry (in N.C. or other states) and others. Always cons