Securing a Future Through Juvenile Transfer

Our client, a young man, faced the grim possibility of life imprisonment after being charged as an adult with a shooting incident. Despite the severity of the charges and an aggressive prosecution, FrizWoods utilized a dual-track strategy of litigation and mitigation to return the case to juvenile court, saving the client from the adult prison system.

The Challenge

The stakes in this case could not have been higher:

• Adult Certification: Despite his age, the State charged the client as an adult.
• Life Sentence Risk: The charges included attempted murder, carrying a potential sentence of life imprisonment.
• Prosecutorial Persistence: Even after we won a dismissal of charges at the preliminary hearing in District Court, the State took the aggressive step of indicting the case through a Grand Jury to keep the charges alive.

Our Strategic Approach

1. Challenging the Narritive at the Preliminary Hearing

• We first fought the charges in District Court. Through aggressive cross-examination, we secured a dismissal of some charges at the preliminary hearing stage. Although the State indicted the case afterward, this initial victory weakened their position and showed we were ready to fight. It also gave the State a chance to see the other side of the allegations and

2. Comprehensive Mitigation

• Recognizing that a trial carried massive risks, we pivoted to a mitigation strategy. We demanded a transfer study which gathered evidence regarding the client’s background, potential for rehabilitation, and suitability for juvenile treatment.
• We engaged in negotiations with the State, arguing that justice would be best served by rehabilitation rather than adult incarceration.

3. Advocating for Transfer

• We successfully convinced the prosecution to support a transfer of the case back to the Juvenile Court system.
• This required demonstrating that the client was not a lost cause, but a young person who could benefit from the structure of the juvenile justice system.

The Outcome

The strategy was a complete success:

• The case was transferred out of adult criminal court.
• The client successfully completed a placement within the juvenile system.
• He was released to his family on probation, avoiding a permanent adult felony record and a potential lengthy sentence.

Why This Case Matters

• Never give up after an indictment. Even when the State brings charges back after a dismissal, there are still avenues for defense.
• The difference between Adult and Juvenile court is life-altering. Fighting for a transfer is often the most critical battle in cases involving young defendants.
• Mitigation is powerful. Showing the human side of a client can convince prosecutors to agree to outcomes that focus on rehabilitation rather than punishment.