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Second Degree Murder Is Not An Automatic Transfer Offense So What Happens When Minor is “Acquitted” of First Degree Murder?

March 14, 2017 By Samuel Partida, Jr.

People v. Fort, 2017 IL 118966 (February). Episode 308 (Duration 9:57)

Illinois Supreme Court says State must charge second degree murder if they want to continue with adult sentencing after they lose a first degree murder count. [Read more…]

Filed Under: Juvenile Justice, Second Degree Murder

17 Year Old With 5th Grade Reading Level And Mental Disorders Gives A Voluntary Statement

February 27, 2017 By Samuel Partida, Jr.

People v. Edwards, 2017 IL App (3d) 130190-B (January). Episode 300 (Duration 5:42)

This 17 year old’s confession was voluntary even though he had a fifth grade reading level, suffered from various mental disorders, and that the investigating officers did not allow him to speak to his mother. [Read more…]

Filed Under: Juvenile Justice, Voluntary

No Apprendi Problem When Prior Adjudication Used To Extend A Sentence

October 31, 2016 By Samuel Partida, Jr.

People v. Jones, 2016 IL 119391 (October). Episode 248 (Duration 5:53)

Prior adjudications may be considered for extended terms proved up at sentencing with a PSI without any Apprendi violations. [Read more…]

Filed Under: Extended Term, Juvenile Justice

This Voluntary Confession is Suppressed, Minor With IQ 70

August 10, 2016 By Samuel Partida, Jr.

In re S.W.N., 2016 IL App (3d) 160080 (July). Episode 210 (Duration 11:57)

Minor had an IQ of 70, otherwise voluntary confession suppressed. [Read more…]

Filed Under: Juvenile Justice, Voluntary

Court Supervision Can Be Given A Juvenile Cases Over The State’s Objection

October 23, 2014 By Samuel Partida, Jr.

https://traffic.libsyn.com/secure/criminalnuggets/Juvenile_final_Court_Court_Supervision.mp3

Podcast: Play in new window | Download (4.6MB)

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In re Derrico G., 2014 IL 114463 (August).

Court supervision in juvenile sentencing in Illinois always depended on approval by the prosecution. The law is now different, and allows the court to grant supervision in juvenile court over the State’s objection.

[Read more…]

Filed Under: Juvenile Justice

Court Supervision Can Be Given A Juvenile Cases Over The State’s Objection

October 23, 2014 By Samuel Partida, Jr.

In re Derrico G., 2014 IL 114463 (August).

Court supervision in juvenile sentencing in Illinois always depended on approval by the prosecution. The law is now different, and allows the court to grant supervision in juvenile court over the State’s objection.

[Read more…]

Filed Under: Juvenile Justice, Podcast

After You Become An Adult Do You Get Charged In Adult Court For Crimes Committed When You Were A Minor?

August 31, 2014 By Samuel Partida, Jr.

No juvenile court for crimes begun as a minor but continue into adulthood. For example, take the charge of escape. In this case, Defendant was a minor when he cut his bracelet and ran. He was arrested after his birthday and legally an adult. [Read more…]

Filed Under: Juvenile Justice

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