Minneapolis and St. Paul Juvenile Defense Lawyer
There is nothing more damaging to a young life than a criminal record. This is even more the case in today’s electronic society where criminal records are so easily accessed. Most juvenile records are confidential but many are not. Often the more the serious the offense the more likely it is that the records are public. Juvenile records can often times be accessed even if considered confidential. A juvenile conviction can effect employment and future education. Even petty convictions for theft will disqualify juveniles for employment in most retail positions. No matter how serious or petty the charge may be, you have defenses and options that can result in avoiding a criminal record.
Brent Schafer has successfully represented numerous juveniles in very serious and petty offense throughout Minnesota. Brent is a former prosecutor and has been defending juveniles in criminal court for the past 13 years. Brent will guide you through this trying time and help you defend yourself or your child against all levels of criminal charges.
Any juvenile charged with a felony offense can be treated as an adult for purposes of penalty and criminal record. Although a prosecutor may desire to treat a juvenile as an adult, the presiding judge is the person who makes the final decision. A prosecutor seeking to “certify” a juvenile as an adult must convince the presiding judge that certification is legally and factually appropriate. In some cases, the presumption is to certify a juvenile as an adult. You have a right to challenge this certification process.
By retaining Brent Schafer to represent your son or daughter, you hire a seasoned advocate with a wealth of juvenile law and courtroom experience. Don’t regret choosing not to fight a juvenile charge years down the road when the real consequences are being felt and realized.
If you or your child has been charged with a juvenile criminal offense, call Brent S. Schafer at 612-452-2136 or Toll Free at 1-877-880-9900. He can help you today. Call now for a free consultation!
Brent Schafer practices in the following counties: Hennepin County, Ramsey County, Washington County, Dakota County, Scott County, Anoka County, Isanti County, Pine County, Chisago County, Goodhue County, Winona County, Wabasha County, Rice County, Houston County, Olmsted County, Fillmore County, Mower County, Freeborn County, Martin County, Jackson County, Nobles County, Rock County, Pipestone County, Murray County, Cottonwood County, Dodge County, Steele County, Waseca County, Blue Earth County, Brown County, Redwood County, Nicollet County, Lyon County, Lincoln County, Yellow Medicine County, Renville County, Lac Qui Parle, Chippewa County, McLeod County, Carver County, Wright County, Meeker County, Kandiyohi County, Sherburne County, Benton County, Sterns County, Pope County, Douglas County, Grant County, Stevens County, Swift County, Big Stone County, Traverse County, Wilkin County, Otter Tail County Todd County, Morrison County, Mille Lacs County, Carlton County, Aitkin County, Crow Wing County, Sibley County, Wadena County, Cass County Hubbard County, Becker County, Clay County, Norman County, Cook County, Lake County, St. Louis, Itasca County, Koochiching County, Beltrami County, Lake of the Woods County, Mahnomen County, Roseau County, Kittson County, Marshall County, Polk County, Pennington County, Red Lake County, Kanabec County and Faribault County.
CERTIFICATION.
When a child is alleged to have committed, after becoming 14 years of age, an offense that would be a felony if committed by an adult, the juvenile court may enter an order certifying the proceeding for action under the laws and court procedures controlling adult criminal violations.
Order of certification; requirements
Except as provided in subdivision 5 or 6, the juvenile court may order a certification only if:
(1) a petition has been filed in accordance with the provisions of section 260B.141;
(2) a motion for certification has been filed by the prosecuting authority;
(3) notice has been given in accordance with the provisions of sections 260B.151 and 260B.152;
(4) a hearing has been held in accordance with the provisions of section 260B.163 within 30 days of the filing of the certification motion, unless good cause is shown by the prosecution or the child as to why the hearing should not be held within this period in which case the hearing shall be held within 90 days of the filing of the motion;
(5) the court finds that there is probable cause, as defined by the Rules of Criminal Procedure promulgated pursuant to section 480.059, to believe the child committed the offense alleged by delinquency petition; and
(6) the court finds either:
(i) that the presumption of certification created by subdivision 3 applies and the child has not rebutted the presumption by clear and convincing evidence demonstrating that retaining the proceeding in the juvenile court serves public safety; or
(ii) that the presumption of certification does not apply and the prosecuting authority has demonstrated by clear and convincing evidence that retaining the proceeding in the juvenile court does not serve public safety. If the court finds that the prosecutor has not demonstrated by clear and convincing evidence that retaining the proceeding in juvenile court does not serve public safety, the court shall retain the proceeding in juvenile court.
It is presumed that a proceeding involving an offense committed by a child will be certified if:
(1) the child was 16 or 17 years old at the time of the offense; and
(2) the delinquency petition alleges that the child committed an offense that would result in a presumptive commitment to prison under the Sentencing Guidelines and applicable statutes, or that the child committed any felony offense while using, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm.
If the court determines that probable cause exists to believe the child committed the alleged offense, the burden is on the child to rebut this presumption by demonstrating by clear and convincing evidence that retaining the proceeding in the juvenile court serves public safety. If the court finds that the child has not rebutted the presumption by clear and convincing evidence, the court shall certify the proceeding.
Public safety
In determining whether the public safety is served by certifying the matter, the court shall consider the following factors:
(1) the seriousness of the alleged offense in terms of community protection, including the existence of any aggravating factors recognized by the Sentencing Guidelines, the use of a firearm, and the impact on any victim;
(2) the culpability of the child in committing the alleged offense, including the level of the child's participation in planning and carrying out the offense and the existence of any mitigating factors recognized by the Sentencing Guidelines;
(3) the child's prior record of delinquency;
(4) the child's programming history, including the child's past willingness to participate meaningfully in available programming;
(5) the adequacy of the punishment or programming available in the juvenile justice system; and
(6) the dispositional options available for the child.
In considering these factors, the court shall give greater weight to the seriousness of the alleged offense and the child's prior record of delinquency than to the other factors listed in this subdivision.
Prior certification; exception
Notwithstanding the provisions of subdivisions 2, 3, and 4, the court shall order a certification in any felony case if the prosecutor shows that the child has been previously prosecuted on a felony charge by an order of certification issued pursuant to either a hearing held under subdivision 2 or pursuant to the waiver of the right to such a hearing, other than a prior certification in the same case.
This subdivision only applies if the child is convicted of the offense or offenses for which the child was prosecuted pursuant to the order of certification or of a lesser-included offense which is a felony.
This subdivision does not apply to juvenile offenders who are subject to criminal court jurisdiction under section 609.055.
First-degree murder
When a motion for certification has been filed in a case in which the petition alleges that the child committed murder in the first degree, the prosecuting authority shall present the case to the grand jury for consideration of indictment under chapter 628 within 14 days after the petition was filed.
If you or your child has been accused or charged with a criminal offense in juvenile court, do not go it alone. You need to hire an aggressive and experienced Minnesota Juvenile Criminal Defense Attorney. Brent Schafer is an experienced Juvenile Criminal Defense Lawyer who can answer your questions, prepare a thorough defense, and help ease your mind as your case moves through the complex legal system. Call 651-452-2136 or Toll Free at 1-877-880-9900 today for a free consultation regarding your case. Brent is willing to speak with you 7 days a week, 24 hours a day, if necessary. Brent accepts all major credit cards and offers payment plans. You will find his fees to be reasonable and competitive with other quality criminal defense firms in the area.