Kent Juvenile Crimes Lawyer

a. Local Sanctions (LS)

One or more of the following may be imposed:

• 0-30 days of confinement (detention);
• 0-12 months of community supervision (probation);
• 0-150 hours of community restitution (community service);
• $0-$500 fine

b. Juvenile Rehabilitation (JR)

Youths are committed to what is essentially juvenile prison for a range of weeks. The Judge simply imposes the range of weeks and JR determines when the youth will be released within that range of weeks. Youths can be held in JR up until their 21st birthday, or 25th birthday in very rare circumstances, such as adjudications for Drive By Shooting or Robbery in the First Degree or with a 12 month firearm enhancement.

a. Diversion

Diversion actually occurs prior to any criminal charges being filed and keeps the youth from having any conviction on his or her record. However, the diversion is visible to the prosecutors and Juvenile Court Judges so that they can consider the diversion in determining how to handle future cases. The prosecutor’s office screens all referrals for charges to determine if they qualify for a diversion. A youth’s first misdemeanor referral MUST be diverted by the prosecutors office. For a youth’s second and third misdemeanor referral, the prosecutor has the discretion to refer the case to diversion but does not have to. A youth is allowed no more than three diversions. For youth charged with felonies, the only cases the prosecutor does not have the option to divert are sex offenses and violent crimes BUT as of 2019, the statute allows prosecutors to divert Assault in the Second Degree and Robbery in the Second Degree. Each prosecutors office has policies about which cases they are willing to divert. Andrea Kim has advocated for many clients to have their cases diverted when the prosecutors did not initially want to divert. 

You have the right to consult with an attorney prior to deciding whether or not to enter into a diversion agreement and you should speak with an attorney to help you make that decision.

Diversion programs can last up to 6 months but oftentimes are for shorter periods. The period of the diversion can go past the youth’s 18th birthday. The conditions of diversion can include:

• Up to 150 hours community restitution (community service)
• Restitution paid to the victim in the amount of costs actually lost, NOT including funds due to an insurance company
• Up to 10 hours of counseling or up to 20 hours of youth development or classes
• Up to 30 hours of Mental Health or Chemical Dependency counseling
• Limitations on hours the youth must stay at home, school, or work. May also limit youth’s ability to go to certain places.
• No contact orders with alleged victims or witnesses

b. Deferred Disposition

Youth are allowed ONE deferred disposition! Violent and sex offenses are the only charges that do not qualify for a deferred disposition. In addition, a youth must not have a prior felony on their record, or have more than two prior adjudications on their record of any crime. An attorney can help the youth decide if a particular case is the best case to use their one deferred disposition on. It is typically better to utilize it for more serious charges and when the youth is closer to their 18th birthday but that is a very individualized analysis and decision that the youth should thoroughly discuss with an attorney. The Court DOES NOT have to grant the deferred disposition but there is a presumption that it will be granted if the youth qualifies. It is best to have an attorney advocate to probation, the prosecutor and the Court why a Deferred Disposition is the right resolution for your case.

When a youth enters into a Deferred Disposition, he or she allows the judge to read through the police reports and find the youth guilty based on those reports. Then the disposition (sentence) is continued for a period of probation. This is a particularly good option for youths charged with more serious crimes who are facing time in JR (youth prison). A Deferred Disposition puts the youth in charge of whether or not they have to serve that sentence and can be very empowering for many youths. The Court then imposes a term of probation and conditions of probation. If the youth successfully completes the terms of probation, then at the end of the time period, the case is dismissed and automatically sealed. However, if the youth does not successfully complete the probation period, the guilty plea is entered and then the Court enters a disposition at that time. The youth then has to serve whatever disposition the Court imposes.

The judge is able to impose up to a year of probation initially and can extend that time period for an additional year if needed for the youth to complete conditions or pay off restitution. But two years is the maximum amount of time the Court can allow for probation on a Deferred Disposition. Potential conditions of probation on a Deferred Disposition:

• Payment of restitution
• A mental health or substance abuse assessment and complete any recommended treatment
• Community Service Hours
• Attend certain classes or trainings
• Attend school and abide by home rules
• Pay a fine

If a youth violates a Deferred Disposition, the Court will hold a hearing to decide if the Deferred Disposition should be revoked. The Court has a couple of options at a revocation hearing. The Judge can decide to revoke the Deferred Disposition and sentence the youth at that time. The Court can also choose to not revoke the Deferred Disposition but impose some sort of consequence for the violation which could include: extending the period of probation (not to exceed two years in total), days in detention, Electronic Home Detention, additional community service hours, and additional classes, counseling, or treatment.

c. CEDAR Program

The CEDAR program was implemented in 2018. This program was designed to fast track certain first time felony offenses so that the youth and family spend as little time as possible involved in the juvenile justice system. The goal of the program is to minimize the involvement of the Juvenile Court and Prosecutor while instead maximizing the involvement of the Juvenile Probation Counselor and the youth’s community. If a youth qualifies for and chooses to participate in the program, then there is a two step process where the original charge is reduced to a lower offense just for engaging in the program. Then if the youth successfully completes the program, the charge is reduced even further or dismissed in some situations.

In order to qualify for the CEDAR program, the youth must have no prior felony adjudications. An attorney can advocate with the prosecutor in specific cases to have a youth entered into the program even if they don’t qualify. The youth cannot be charged with one of the following crimes in order to be considered for the CEDAR program:

• Class A Felonies, and Attempt, Conspiracy, or Solicitation to commit a Class A Felony.
• Sex Offenses.
• Intimate Partner Domestic Violence.
• Felony Traffic Offenses.
• Assault in the Second Degree based on a Deadly Weapon.
• Assault in the Second Degree based on bodily harm without victim consent.
• Robbery in the Second Degree where bodily harm is inflicted.

d. Suspended Dispositions

In a normal case where the sentence is not suspended, the youth enters an adjudication of Guilty and the judge imposes a disposition (sentence) to be served immediately. Suspended dispositions are where the Judge “suspends” the disposition and it is never imposed so long as the youth successfully completes some programs or conditions. However, if the youth does not successfully complete those programs or conditions, then the disposition is imposed and they have to serve the full sentence. Essentially with suspended dispositions, the Court is hanging the punishment over the youth’s head as an incentive for them to successfully complete the probation term and conditions. With suspended dispositions, the charge is never dismissed, there is always an adjudication (guilty plea) to the crime itself, it is just the sentence that is being pushed out. This is another way for the youth to avoid long juvenile prison terms while being in control of their own fate with regard to the sentence ever being imposed.

e. SSODA (Special Sex Offender Disposition Alternative)

Youth are eligible for this suspended disposition when they are adjudicated of a sex offense that is NOT a serious violent crime and when they have no history of prior sex offenses. In order to request a SSODA, the youth has to submit to a very personal and thorough evaluation to determine their amenability to treatment and relative risk to the community as well as to provide the Court with a proposed treatment plan for the youth. The victim gets to weigh in on whether or not this would be an appropriate disposition for the youth. The Court can impose a large number of very intensive probation conditions for a SSODA disposition. It is imperative that the youth discuss this option thoroughly with an attorney before deciding whether or not to request a SSODA and submit to the evaluation.

f. Option B

If a youth is facing a term of weeks in JR (Juvenile Prison) then the Court can suspend that sentence and impose local sanctions and/or an educational or treatment program. If the youth does not successfully complete the conditions, then the JR sentence could be imposed.

A youth is ineligible for the suspended disposition option B if the youth:

• Is adjudicated of an A+ or A++ offense;
• Is fourteen years of age or older and is adjudicated of one or more of the following offenses:
  • A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
  • Manslaughter in the first degree;
  • Assault in the second degree, extortion in the first degree, kidnapping in the second degree, drive-by shooting, vehicular homicide, hit and run death, or manslaughter 2; or
  • Violation of the uniform controlled substances act, when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
• Is ordered to serve a disposition for a firearm violation;
• Is adjudicated of a sex offense; or
• Has a prior option B disposition

g. CDDA (Chemical Dependency Disposition Alternative)

The youth must be facing a standard sentence range of local sanctions or 15 to 36 weeks in JR in order to qualify for this suspended sentence. The youth must not have committed an A- or B+ crime other than a first time B+ crime. The Court must consider this as an option if there is evidence the youth either has substance abuse issues or mental health concerns. The youth must undergo an evaluation to determine what level of substance abuse and mental health issues there are and recommend a treatment program for the particular youth. The alleged victim also has a say in whether or not the Court should grant this suspended disposition. If the Court grants this suspended disposition, then the youth must enroll in and successfully complete up to one year of the recommended treatment and in addition the potential of up to thirty days of confinement, one hundred fifty hours of community restitution, and payment of legal financial obligations and restitution. As with the other suspended dispositions, if the youth does not successfully complete the program and conditions, then the original disposition will be imposed.

a. Discretionary Decline:

A hearing will be scheduled to determine whether a youth should be charged in adult court if:

1. The youth is 15 years or older at the time of the offense and is charged with a serious violent offense such as Murder in the First Degree, Murder in the Second Degree, Assault in the First Degree, Kidnapping in the First Degree, Rape in the First Degree, or Rape of a Child in the First Degree. OR
2. The youth is 14 years or older at the time of the offense and is charged with Murder in the First Degree or Murder in the Second Degree. OR
3. The youth is any age and charged with custodial assault when already serving a juvenile sentence to age 21.
4. A decline hearing MUST be held if the youth is charged with escape while serving a juvenile sentence to age 21.

b. Auto Decline:

The youth is 16 or 17 years old at the time of the offense and is either

1. Charged with a serious violent offense such as Murder in the First Degree, Murder in the Second Degree, Assault in the First Degree, Kidnapping in the First Degree, Rape in the First Degree, or Rape of a Child in the First Degree OR
2. Charged with a violent offense such as any class A felony, manslaughter in the first or second degree, indecent liberties with forcible compulsion, Kidnapping in the Second Degree, Arson in the Second Degree, Assault in the Second Degree, Extortion in the First Degree, Robbery in the Second Degree, Drive-by Shooting, and vehicular assault or homicide AND youth has a criminal history of one or more prior serious violent offenses, 2 or more prior violent offenses, or 3 or more of any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree that were committed after the youth’s 13th birthday.

There are many drastic differences between punishments in juvenile and adult court that make decline cases incredibly impactful for youth charged in adult court. For example, the standard range sentences for juvenile prison are calculated in weeks whereas the standard range sentences in adult court are calculated in months. Most crimes are punished with significantly more prison time in adult court than those same crimes are punished in juvenile court. Juvenile sentences are typically run consecutive (back to back) whereas adult sentences are typically run concurrent (at the same time) if a youth is serving a sentence for more than one charge at a time. However, there are serious violent offenses where the default in adult court is for the sentences to be run consecutive (back to back) as well. The firearm enhancement penalties in adult court are more severe than in juvenile court. While juveniles do not receive good time for a juvenile prison sentence, they receive the low end of the standard range and will be released by that low end time unless they commit infractions and violations while in juvenile prison. The adult system automatically awards a third good time but can take that away if there are infractions or violations while in prison. One of the greatest and most important differences between juvenile and adult court convictions is the ability and waiting periods necessary to vacate or seal a conviction to get it off of your record, those are generally much more forgiving and shorter in juvenile court than in adult court.

There was a huge change in the adult sentencing laws in July of 2023 that no longer allows most juvenile convictions to count as points on future adult felony crimes. However, that has led to prosecutors being unwilling to allow youth to resolve their cases in juvenile court as opposed to adult court because the prosecutors want the crimes to count as points if the youth gets in trouble again in the future. Even if a youth ends up with convictions in adult court, an attorney can gather mitigating information and argue for a sentence below the adult standard range solely based on the youth being under the age of 18 when the crime occurred and the characteristics of youthfulness that were present at that time for the youth.