Securing a Future Through Juvenile Transfer
Procedural Outcome
Our client, a young man, was charged as an adult with offenses related to a shooting incident, including charges carrying a potential life sentence. FrizWoods secured partial dismissals at the preliminary hearing in District Court. When the State responded by indicting through a Grand Jury, we pivoted to a mitigation-first strategy, demanded a transfer study, and convinced the prosecution to support moving the case to juvenile court. The client completed a juvenile placement program and was released to his family on probation, avoiding adult prison and preserving his future.
Problem: Attempted Murder Charges Filed in Adult Court Against a Young Defendant
The stakes in this case were extreme:
- Adult certification: Despite his age, the State charged our client as an adult.
- Life sentence risk: The charges included attempted murder, carrying a potential sentence of life imprisonment.
- Aggressive prosecution: Even after we won dismissals at the preliminary hearing stage, the State took the aggressive step of indicting the case through a Grand Jury to keep the charges alive.
For a young person facing adult charges, the difference between adult court and juvenile court is not just procedural. It is the difference between a potential life sentence in an adult facility and a rehabilitation-focused outcome that preserves the chance for a normal future.
Action: Preliminary Hearing Wins, Transfer Study, and Mitigation Advocacy
Challenging the Charges at the Preliminary Hearing
- We first fought the charges in District Court at the preliminary hearing stage.
- Through aggressive cross-examination, we secured the dismissal of some charges, weakening the State's position and giving the prosecution a preview of the defense's readiness.
- Though the State responded by taking the case to a Grand Jury for indictment, our initial victory established credibility and showed we would not back down.
Demanding a Transfer Study
- Recognizing that a trial on attempted murder charges in adult court carried massive risk, we pivoted to a mitigation strategy.
- We demanded a transfer study, which gathered comprehensive evidence about:
- The client's background and upbringing
- His potential for rehabilitation
- His suitability for juvenile treatment programs
Building the Case for Juvenile Transfer
- We engaged in direct negotiations with the prosecution, arguing that justice would be better served through rehabilitation rather than adult incarceration.
- We presented evidence showing the client was not beyond help, and that the juvenile justice system offered the structure and programming needed for meaningful change.
- We successfully convinced the prosecution to support a transfer of the case back to juvenile court.
Resolution: Juvenile Transfer, Successful Completion, and Release
The strategy worked:
- The case was transferred out of adult criminal court and into the juvenile system.
- The client successfully completed a placement program within the juvenile system.
- He was released to his family on probation, avoiding:
- A permanent adult felony record
- A potential life sentence
- Incarceration in an adult facility
The client got a second chance. That is what this work is about.
Key Takeaway
| Element | Detail |
|---|---|
| Charges | Attempted murder and related offenses (adult certification) |
| Courts | Maryland District Court (preliminary hearing), Circuit Court (indictment), Juvenile Court (transfer) |
| Key Defense | Preliminary hearing cross-examination, transfer study, mitigation advocacy, prosecution negotiation |
| Outcome | Case transferred to juvenile court, client completed program, released on probation |
| Attorney | Max Frizalone |
Legal Entities Referenced
- Courts: Maryland District Court, Maryland Circuit Court, Maryland Juvenile Court
- Procedure: Preliminary Hearing, Grand Jury Indictment, Juvenile Transfer Study, Transfer Hearing
- Legal Concepts: Adult certification of juveniles, juvenile transfer, mitigation strategy, rehabilitation focus, prosecutorial discretion
- Charges: Attempted murder and related offenses (Maryland Criminal Law)
- Legal Framework: Maryland juvenile transfer provisions, distinction between adult and juvenile court jurisdiction
Frequently Asked Questions
Can charges be brought back after a dismissal at the preliminary hearing?
Yes. In Maryland, the State can take a case to a Grand Jury for indictment even after charges are dismissed at a preliminary hearing. That is what happened here. However, the preliminary hearing win still weakened the prosecution's position and laid groundwork for the defense strategy going forward.
What is the difference between adult court and juvenile court for young defendants?
The difference is life-altering. Adult court focuses on punishment and carries penalties including life imprisonment. Juvenile court focuses on rehabilitation, offering treatment programs, placements, and supervision designed to give young people a path forward. Fighting for a juvenile transfer is often the most critical battle in these cases.
How does mitigation help in a criminal case?
Mitigation involves presenting the human side of the defendant: background, circumstances, potential for rehabilitation, and suitability for alternative programs. In this case, a thorough mitigation presentation convinced the prosecution to agree to a juvenile transfer instead of pushing for an adult conviction.
Is a young person in your life facing adult criminal charges? Contact FrizWoods today for a free consultation. We fight to protect futures, especially when the system is stacked against the young.