Youth charged as adult for Aggravated Sexual Battery, Child Molestation, and Enticing a Child for Indecent Purposes transferred to Juvenile Court after 3-year battle (2019)

Defense Counsel:

Charges: Aggravated Sexual Battery, Child Molestation, and Enticing a Child for Indecent Purposes

State’s Case:

15-year old client was accused of Aggravated Sexual Battery, Child Molestation, and Enticing a Child for Indecent Purposes for luring his 5-year-old cousin into a bedroom upstairs and inserting his finger in her vagina. Client was charged as an adult and indicted in Superior Court, where he faced a mandatory minimum 25 years to Life in prison.

Judgement:

Defense attorney Hodges battled the State for 3 years, trying to convince the ADA to consent to transferring the case to Juvenile Court. When the ADA refused, Hodges filed a Motion to Transfer, asking the court to transfer the case. Hodges explained in his motion that he would call witnesses to testify that: Hodges had the client get a psychosexual evaluation that showed him as low risk; Hodges already had the client in sex-offense specific counseling; the client had excellent school records and was about to graduate high school; the client had performed perfectly in juvenile detention, house arrest, and ankle monitoring for the prior 3 years; and vast legal, social, and psychological research supported the fact that “kids are different” and should not be treated as adults in the criminal justice system.

Before hearing any witnesses, the court granted the Defense’s motion and ordered the case transferred to Juvenile Court, where the focus is on treatment, counseling, and rehabilitation, rather than punishment. Instead of facing a mandatory minimum 25 years in prison, the client now likely faces continuing treatment and probation, and an absolute maximum of 3 years in juvenile detention.