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Court Decides Outcome of Repeated Probation Violations


Many people view juvenile delinquency as a problem that the child will outgrow. Unfortunately, violence among teenagers has become extreme with the addition of gangs and gang violence in the United States. These juveniles are often on the road to becoming career criminals no matter what actions that the courts take to attempt to rehabilitate them. One case that demonstrates this fact was decided on March 14, 2012. This case involved a young man who was adjudicated as a juvenile and placed under the supervision of the New York City Department of Probation. A New York Drug Crime Lawyer said that the young man was sent to an alternative placement program for juvenile delinquents. While in the placement program, the young man was arrested numerous times for extremely violent offenses. Because, he was unable to stop committing violent offenses, the Family Court probation that he was serving was revoked and he was held on Riker’s Island to await the results of his criminal trials in several different counties that were filed while he was on probation.

He was arrested in Queens County and indicted for Murder in the second degree, murder as a hate crime, felony murder, manslaughter as a hate crime, manslaughter in the second degree, robbery in the first and second degree and robbery as a hate crime. A New York Drug Possesson Lawyer was charged in gang assault in the first degree and hate crime assaults in the first degree. He was charged for several other hate crimes and weapons offenses.

He was arrested and indicted in Bronx County for robbery in the first , second, and third degrees. He was indicted for numerous gang crimes of assault, as well as grand larceny and menacing. He was also charged with weapons and stolen property offenses. In Kings county, he was indicted for attempted robbery and assaults as well as petit larceny.

Clearly, a review of this offenders placement leads the judicial officers to admit that alternative placement may be appropriate for some offenders with the noble goal of reducing institutional placement, this case serves to remind the officers of the court that the safety of the community is more important than the freedom of some juvenile offenders. Gang and hate crime offenders have no place in community based alternative placement programs and future placement of these offenders should be reviewed carefully. On April 14, 2010, this offender appeared in family court on charges of criminal possession of a weapon in the fourth degree, criminal mischief, and reckless endangerment. He was released to his mother and told to report to the alternative residential community placement program. On April 27, 2010, the prosecutor filed a motion to the court to have the defendant removed from the program and placed in a detention program because he had been arrested on the 26th for attempted burglary and had missed 40 days of school in the 2009-2010 school year. He had disciplinary problems in school and had been suspended twice in the 2009 school year. The defendant was ordered to a juvenile justice center. At the time of these charges, the defendant was 15 years of age. At this time the boy had three other arrests including attempted robbery and weapons charges.

According to his mother in court, her son is a good boy who is not a disciplinary problem at home and attends school regularly. She requested that he be placed on probation and returned home. The probation officer stated that the boy associates with boys that are much older, they are 19 and 20 years of age and are involved in gang activity. They provide a negative peer relationship. The boy denied being involved in a gang or associating with gang members. In spite of all of the evidence to the contrary, with the probation officers report stating that he is a high risk for community-based services, it was recommended that he be placed away from the community. The next time that he was evaluated, he was 16. He was only able to read at a third grade level and his cognitive functioning made it unlikely that he could learn. He was diagnosed with several conditions that would hamper his ability to function in society, among them were mood disorders, conduct disorders, borderline intellectual functioning and attention deficit/hyperactivity disorder. The psychiatrist who testified to his issues stated that he had never coped with the death of his biological father and that he had used street drugs to self-medicate.

The defendant stated that he did not use drugs but just after making that statement, he acknowledged that he used marijuana once or twice a day to relieve stress. It was again noted by the probation officers report that the defendant was a high risk if placed in a community-based alternate facility. Again, a Nassau County Drug Possession Lawyer said that despite the recommendations of several professionals, this boy was recommended for and accepted into the Juvenile Justice Initiatives program (JJI) and that they would keep him in a more structured but minimal security facility and address the issues that have caused him to be arrested so many times. These issues include the fact that his biological father was murdered when he was six years old on the day that his parents were getting married. On 6/14/10, he was admitted into the program and allowed to accept it as an alternative to placement.

By 10/21/10, the boy was issued an agreement between him and the Department of Probation that admittedly was not enforced by any agency or his family. By 1/21/11, it was obvious that the boy was not going to comply with any of the guidelines that had been established for him. He continued to use drugs and tested positive for marijuana while in the JJI program. He was given a referral to another drug treatment program. He was arrested again before he attended the first meeting. He was still skipping school and his chances of being promoted to the next grade were slim. He was registered for school, but did not attend for 80 days. He admittedly ignored the six o’clock evening curfew. A fact that was obvious in the face of his arrest in the Bronx at 12:36 in the morning. He was re-arrested on 1/9/2011, in the Bronx for assault in the second degree with intent to cause serious physical injury. On 1/14/2011, he was indicted. However, he was arrested again in Kings County for robbery before he was incarcerated. Following on the heels of that arrest was the arrest in Queens on March 13, 2011, for murder and other gang related offenses.

It was not until 2011, that the court revoked the order that placed the defendant in the supervision of the probation department. His mother continued to make excuses for his behavior and could not grasp the importance of following the guidelines that had been explained to her. A Queens Drug Possession Lawyer said that based on the serious violent crimes that the boy committed, it was determined that he needed to be placed in a secure facility with the ability to address his educational, social and emotional disabilities.

At Stephen Bilkis & Associates, their criminal lawyers are available in several convenient offices located throughout New York and the Metropolitan area. Our drug crime Attorneys will fight for you in the event that you need representation.

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