Articles Posted in Juvenile Crimes

New York Giants running back Ahmad Bradshaw is completing a 30-day sentence in jail for violating the conditions of his probation related to an undisclosed offense from when he was a juvenile. Last month, Bradshaw voluntarily turned himself in at a Virginia jail, and his release is slated to take place before football training camp begins later this month.

The probation violation was charged out of the Tazewell County Juvenile and Domestic Relations Court. The sentence is not related to other run-ins with the law that Bradshaw experienced when he was a student at the University of Virginia and Marshall University.

In 2006, Bradshaw pleaded guilty to stealing a video game console from a college dorm room. The criminal charges against him were eventually dropped, and Bradshaw was ordered to serve probation for two years. Prior to this incident, Bradshaw was arrested for resisting arrest and possession of alcohol as a minor in 2004.

There are many reasons for why a probate may be found in violation of your probation, such as:

• Failing a drug test.
• Being charged with another criminal offense.
• Failure to give notice of an address change.
• Missing a scheduled meeting with your probation officer.
• Illegal drug or weapons possession.
• Violating other conditions of your probation.

A probation violation may not only lead to additional penalties, including jail time, but it could damage the terms of your plea agreement or other conditions related to your probation.

Giants running back Ahmad Bradshaw jailed in southwest Virginia, NYDailynews.com, June 19, 2008
Bradshaw serving 30-day sentence for probation violation, AP, June 19, 2008

Related Web Resources:

Ahmad Bradshaw, ESPN.com
Sentences – Fines, Jail and Probation, Expertlaw.com Continue reading

In Massachusetts, Northampton Fire Chief Edgar Lesko and his wife Deborah have pled not guilty to four counts of furnishing alcohol to a minor. The couple is accused of letting several underage teenagers drink alcohol in their home last summer. One of the teens, David Homan, 19, died when the car he was driving it a tree.

The couple is being charged under Massachusetts’s “social host” law. The Leskos’ son, Andrew is charged with one count of alcohol possession as a minor and four counts of procuring alcohol for a minor.

Enacted in 2000, Massachusetts’s Social Host Responsibility Law holds anyone who manages or owns a property in the state responsible when a minor drinks on the premise (even if the owner or manager did not supply the alcohol). The misdemeanor crime comes with a one-year maximum jail sentence and a $2,000 fine.

The Social Host law is part of a wider statute covering related offenses, such as adults purchasing alcohol for youths and establishments selling minors to alcohol.

Between 2000 and through 2005, the Essex district attorney’s office says that it prosecuted over 20 cases under the Social Host law. Middlesex County says that between 2002 and through 2005 at least 277 charges were filed under the overall statute. In 2005, Suffolk County filed charges against 88 people.

If you have been charged with serving alcohol to minors or allowing them to drink alcohol in your home or establishment, you should contact our Boston, Massachusetts criminal defense law firm immediately.

There may be reasons you could not have possibly known or prevented the minor from drinking alcohol on the premise-or the drinking incident may have occurred before or after the minor was in your home.

Fire captain, wife charged under `social host’ law, Boston.com, June 5, 2008
Social host law hard to enforce, DAs say, Boston.com, January 8, 2006

Related Web Resources:

The General Laws of Massachusetts

Don’t Give Kids Alcohol
Continue reading

US States are reconsidering and, in certain instances, retooling juvenile sentencing laws in regards to whether it makes sense to charge juveniles as adults.

Not only are there less incidents of juvenile crimes now than 20 years ago, but some states are responding to new information about the adolescent brain, as well as studies that reveal how teenagers sent to adult courts end up getting into trouble more often and are convicted of more serious offenses than other adolescents.

Some of the issues being addressed include reconsidering whether it makes sense to convict any teenager of life without parole and raising the age limit of kids who are eligible to go to juvenile court.

About 200,000 juvenile defendants (under 18 years of age) are sent to adult criminal court. A lot of them bypass or are transferred from the juvenile system because their states’ laws define them as adults and the type of crime they committed.

The harsher sentences for juveniles were implemented in the late ’80’s and early ’90’s following an increase of murders and other violent crimes by kids. From 1994 to 2005, however, the rate of arrest for juvenile violent crimes had dropped by 46%.

In Massachusetts, a juvenile can be prosecuted through three kinds of cases:

1) Delinquency cases: The youth is prosecuted in juvenile court and the maximum punishment is commitment to Massachusetts’s Department of Youth Services (DYS) until the age of 18.

2) Youthful Offender cases: Teenager, ages 14-17, can be prosecuted as a Youthful Offender if they committed a felony and a) are already committed to the DYS, b) are charged with a firearm offense, or c) are charged with a crime involving the threat or infliction of physical harm. Adult prison sentences, a DYS commitment until age 21, or a combination of both may result.

3) Murder cases: 14-17 year olds charged with murder are prosecuted in adult Superior Court.

States Rethink Charging Kids as Adults, ABC, December 2, 2007
Youth Advocacy Project

Related Web Resources:

Juvenile Justice Program, Mass.gov
Massachusetts Department of Youth Services
Continue reading

Mychal Bell, the 17-year-old accused of hitting a white classmate in the famous “Jena Six” case pled guilty yesterday to assaulting Justin Barker. Bell and five other black teenagers were charged with attempted murder for beating Barker last December.

Bell had initially been convicted as an adult by an all-white jury and sentenced to 21 years in prison. At the time the assault occurred, he was 16-years-old. In Louisiana, the legal adult age is 17.

Bell’s conviction caused some 20,000 people to protest in Jenna, Louisiana and was overturned by an appeals court. Although released in September, he violated his probation in October and was sent to a juvenile facility.

As part of the plea agreement, conspiracy charges were dropped against Bell. The charges were reduced from aggravated battery to second-degree battery.

Bell has already spent one year in jail. If his case had gone to trial on Thursday, he would have had to stay at a juvenile facility until he turned 21. Instead, Bell will be sent to a group home and could return to public school as early as next week. He also must pay for Barker’s medical bills and $935 in court expenses.

The Jenna 6 Case and conviction sparked a huge racial debate as to whether black suspects are treated more harshly under the law. Prior to the assault on Barker, three white teenagers hung nooses on a tree after black teenagers got permission to sit under the tree. No federal charges were pressed against the white teens, although the incident was not unlike a hate crime.

Three months later, six teenagers–Mychal Bell, Robert Bailey Jr., Carwin Jones, Bryant Purvis, Theo Shaw and Jesse Ray Bear were arrested for allegedly beating Barker. They were charged with second-degree murder.

Recent studies show that prosecuting juveniles as adults tends to harm them more than help them and that these juveniles were more likely to commit crimes again. In the United States, about 200,000 defendants younger than 18 are dealt with through the adult criminal court system because of their offense or their age.

“Jena 6” Teen Admits Fault in Plea Deal, USA Today, December 3, 2007
Prosecuting kids as adults: Some states ponder changes, USA Today, December 1, 2007
Related Web Resources:

The Case of the Jena Six: Black High School Students Charged with Attempted Murder for Schoolyard Fight After Nooses Are Hung from Tree, Democracy Now!, July 10, 2007
Juvenile Court Dept., Mass.gov Continue reading

Police in Boston want parents to allow detectives to enter their children’s bedrooms without a warrant to look for guns. The new program, targeting high-crime areas and set to begin in a couple of weeks, is already raising questions in Massachusetts about civil liberties.

Police officers assigned to Boston area schools will go to the homes of teenagers they believe might be in possession of a firearm and ask the parents or legal guardian for consent to search the premise. If the parent or guardian refuses to grant permission, the police will leave the property.

Boston police claim that if a gun is discovered in the home, the teenager will not be charged with unlawful gun possession unless the weapon connected to a homicide or shooting.

The success of the program depends on the willingness of parents to participate. Police are hoping that parents, worried that their kids will get swept up in gun violence, will allow them to conduct the searches.

Critics of the program cited concerns that some parents and guardians will be too intimidated by the presence of police officers to refuse to agree to a search. Other critics commented on how the program conflicts with the US Constitution’s 4th Amendment, which forbids searches and seizures without a warrant. Still other expressed concerns that parents could unintentionally implicate: children if drugs or other illegal items were found in their bedrooms.

The 4th Amendment of the U.S. Constitution:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Unless police are in hot pursuit of a suspect, they must have probable cause and a search warrant to conduct a search leading to an arrest.

Police, however, say that they won’t go to the homes of juveniles they suspect of being involved in homicides or shootings. In these instances, they promise to obtain search warrants.

Boston police will rely on an anonymous hotline, tips from neighbors, and their own experience to decide which homes to approach.

The program targets juveniles under 18 years of age. Homes being targeted are located in Roxbury and Dorchester neighborhoods, including Egleston Square, Franklin Hill, Grove Hall, Geneva Avenue, Bowdoin Street, and Franklin Field. Police will use their own judgment on whether to make a drug arrest if drugs are founded.

Police to search for guns in homes, Boston.com, November 17, 2007
4th Amendment, Constitution of the United States of America

Related Web Resources:

Juveniles and Guns

Fighting Juvenile Gun Violence (PDF)
Continue reading

Police in Massachusetts say that they plan to charge a number of Templeton middle school kids in the brutal attack of an 11-year-old autistic boy. The boy, who has a form of autism known as Asperger’s Syndrome, was beaten last month after he got off his school bus. The juvenile crime was filmed on video.

The video shows the fifth grader struggling to fight back. There is also footage of the boy being shoved into a mailbox and his hand getting cut. He was pushed, shoved, and kicked. The mother of the boy who was holding the camera claims that her son didn’t know that his friends were going to attack the fifth grader.

The three boys and two girls accused of attacking the 11-year-old are students at Narragansett Middle School. The school has suspended them. Criminal charges will be filed against them in juvenile court.

Bullying can involve indirect abuse (excluding or alienating someone socially), physical abuse, such as hitting, beating, tripping, kicking, and damaging or taking belongings away, verbal abuse, such as name calling, teasing, spreading rumors, and making threats, and cyberbullying, which is bullying that takes place over the Internet.

The Massachusetts Citizens for Children defines bullying as “behavior intended to hurt others and is repeated over time.” Bullying has also been called peer harassment or abuse. In the past, bullying has been viewed as a typical rite of passage among kids and teenagers. However, a line can be crossed that can turn an act of bullying into a juvenile or an adult crime. There also may be instances when children that are bullied may feel compelled to fight back or protect themselves with a knife or a gun.

A bully victim can be susceptible to emotional and social problems, poor attendance, poor grades, substance abuse, and physical injuries caused by bullying.

Bullying can lead to gang violence, physical assault, and murder.

More than half of boys (in grades 6-9) that were considered bullies committed at least one crime by the time they turned 24. 40% of them had at least three criminal convictions by age 24. 3 out of 10 juveniles are bullies or victims of bullying.

When bullying escalates to become a crime committed either by a bully or a bully victim, a juvenile may face criminal charges in Juvenile Court. He or she may even face criminal charges as an adult if the crime is very serious.

Attack On Autistic Boy, 11, Videotaped, WCBVBoston.com, October 8, 2007
What Effect Does Bullying Have on Children?, Massachusetts Citizens for Children
Bullying Prevent is Crime Prevention, Fightcrime.org

Related Web Resources:

Bullying and Intimidation, the National Crime Prevention Council
Student Reports of Bullying, US Department of Education
What is Cyberbullying?, Stop Cyberbullying Continue reading

Recent statistics provided by the Massachusetts Department of Education show that from 2005-2006, 4,750 reported acts of violence occurred among middle school students. Crimes committed included robbery, sexual assault, violent threats, drug offenses, tobacco offenses, alcohol offenses, and sexual harassment. The report says that 383 weapons were discovered.

Recent crimes involving middle schools in Massachusetts:

• A student in Marlborough brought a knife to school and was suspended.
• A Tewksbury school received a bomb threat.
• A pellet gun was found at a Waltham school.
• Two knives were discovered in student lockers at another Waltham school.

Also, this week, the Boston Globe reported that 28,000 high school students in Massachusetts have been involved with gangs over the past year.

Gang Violence
Gangs are usually a group of young adults and teenagers that take part in illegal, violent, or criminal activities. Nationally, there are over 24,500 known youth gangs with over 772,500 members.

Common reasons for joining gangs include the need to belong, make money, feel protection, experience excitement, and acquire status.

If your son or daughter has been arrested in Massachusetts for allegedly committing a crime, you should speak with an experienced criminal defense attorney that knows how to successfully handle juvenile crimes. A child or young adult can get easily intimated when being questioned by police or other law enforcement officials. Your son or daughter may even be pressured into giving incriminating testimony that can be used to his or her disadvantage. It is important to remember that your child has the right to remain silent and be properly represented by an experienced criminal defense attorney that is looking out for his or her best interests. This is why you should speak with a defense lawyer that offers juvenile defense right way.

Some of the many crimes that juveniles can be arrested for:

• Assault and battery • Vandalism • Trespassing • Making threats • Drunk driving • Other motor vehicle offenses • Rape • Sexual assault and battery • Prostitution
• Indecent exposure • Lewd behavior • Weapons possessions • Breaking and entering • Robbery • Shoplifting • Drug possession • Distribution of a controlled substance • Hate crimes • Disorderly conduct • Disturbing the peace • Stalking • Perjury • Resisting arrest
• Homicide
Being charged with or convicted for committing a crime can be a very traumatic experience for a juvenile and can affect the rest of his or her life.

Gang violence still an issue in Boston and local cities, Tuftsdaily.com, October 3, 2007
Spike in violence in middle schools raises concerns, Boston.com, October 2, 2007
Youth Gangs, National Youth Violence Prevention Resource Center Continue reading