Orlando Criminal Lawyer - The Fischer Law Blog

Tuesday, April 28, 2009

Circuit Judge temporarily denies Prosecutor's Motion to Continue Jurisdiction of Juvenile

In State v. A.S., the Child pled to a violent felony and was sentenced to a high risk program with the Dept. of Juvenile Justice (DJJ). However, DJJ felt that a high risk program was not appropriate for him. Consequently, the State, Court, and the Child agreed that the Child should be placed in a moderate-risk program.

DJJ subsequently felt that a moderate-risk program was too much for the Child, and instead placed him on supervised probation. Since the Child was complying with all the terms of his probation, DJJ wanted to terminate his supervision. This upset the Assistant State Attorney handling the case because he felt that the Child needed to be punished more severely, so he requested the Court extend jurisdiction over the Child until the Child's 21st birthday (normally the Court loses jurisdiction at 19, however, under rare circumstances the Court has jurisdiction until the Child turns 21).

The Assistant State Attorney argued that A.S.'s circumstances fell under one of the limited exceptions to the rule terminating jurisdiction at 19, and wanted the Judge to sign an Order extending jurisdiction until the Child was 21. Unfortunately, the Assistant State Attorney never filed the proper paperwork, expecting the judge to just rule based on e-mails between DJJ and the State Attorney's Office. I vigorously objected to the entry of any Order because there was no written Motion in the file. The judge denied the Assistant State Attorney's request without prejudice, allowing him time to draft and submit a Motion.

Orlando Criminal Attorney