CSC charge for slapping another boy on the butt

[stealth2]

The more you fight it and defend him and argue that he is blameless and the charges are too harsh or unjustified, the harder the prosecutor will come at it, would be my guess.

And, possibly, the more harsh the punishment.

Just throwing this out to those more knowledgeable than I... Is something like this (juvenile court, I assume) likely to be jury trial or a bench trial?

 

[quincy]

And, possibly, the more harsh the punishment.

Just throwing this out to those more knowledgeable than I... Is something like this (juvenile court, I assume) likely to be jury trial or a bench trial?

Although I don’t know which County is involved here, the Gladwin County Courts have published an excellent overview of the process when a juvenile is charged with a crime.

https://gladwincounty-mi.gov/departments/prosecuting-attorney/steps-in-a-juvenile-case/#:~:text=Petition: After a police investigation,Family Court’s Juvenile Division can.

A jury trial can be requested but I would think that everyone involved would prefer a plea agreement be worked out.

 

[adjusterjack]

the victim took off on his bike, and fell...all on his own.

Children who have been bullied have been known to go off by themselves and commit suicide.

That they were all on their own doesn't make the bully's actions any less serious.

And that's why the educational system has a ZERO tolerance for bullying.

A plea offer was made to plead to the aggravated assault, and the csc charge would be dropped.

Which may not be a bad idea. If I'm not mistaken, juvenile records are sealed and the assault charge won't follow him into adulthood.

A "disposition" of the assault charge will, hopefully, teach him that ganging up on weaker kids, talking trash, and slapping on butts are cumulatively very bad ideas.

 

[quincy]

Children who have been bullied have been known to go off by themselves and commit suicide. …
… Which may not be a bad idea. If I'm not mistaken, juvenile records are sealed and the assault charge won't follow him into adulthood. …

Michigan’s bullying law is named after Matt Epling, a 14-year-old 8th grader who committed suicide after being “bullied” (assaulted) by high school students. I earlier provided a link to The Matt Epling Safe School Law (MCL §750.219a).

Some juvenile offenses can be expunged. Others can’t be. In other words, juvenile offenses can follow a child into adulthood.

 

[Taxing Matters]

Although I don’t know which County is involved here, the Gladwin County Courts have published an excellent overview of the process when a juvenile is charged with a crime.

https://gladwincounty-mi.gov/departments/prosecuting-attorney/steps-in-a-juvenile-case/#:~:text=Petition: After a police investigation,Family Court’s Juvenile Division can.

A jury trial can be requested but I would think that everyone involved would prefer a plea agreement be worked out.

I agree. On these kind of charges the Constitution guarantees the right to a jury trial. But for purposes of anonymity, assuming the record is eligible to be sealed, if they did take it to trial everyone might prefer a bench trial rather than a jury trial.

 

[stealth2]

I agree. On these kind of charges the Constitution guarantees the right to a jury trial. But for purposes of anonymity, assuming the record is eligible to be sealed, if they did take it to trial everyone might prefer a bench trial rather than a jury trial.

I think that's something OP should be aware of. They have expressed concern that a jury would - in essence - be too stupid to understand that the charges are beyond what OP feels reasonable for the circumstances. OP might want to ask the boy's lawyer whether the trial (if they refuse a plea agreement) would be jury or bench.

 

[quincy]

I agree. On these kind of charges the Constitution guarantees the right to a jury trial. But for purposes of anonymity, assuming the record is eligible to be sealed, if they did take it to trial everyone might prefer a bench trial rather than a jury trial.

Anonymity could be a problem because juvenile hearings are typically open to the public, unless a motion for closed proceedings filed by a party or a victim has been granted by the court.

It can be difficult, especially in a smaller community, to keep anything of interest out of the mouths of gossips and/or the local press. I imagine most of the people with students in anon2024’s school district have already heard some version of the bullying incident(s). One possible benefit of a trial could be to replace any false rumors that are circulating with documented facts. Not that I believe there should be a trial. A plea agreement would be preferable.

Here is a link to Michigan’s Court Rule 3.925 on public access to juvenile court proceedings and records:
https://casetext.com/rule/michigan-court-rules/michigan-court-rules/chapter-3-special-proceedings-and-actions/subchapter-3900-proceeings-involving-juveniles/rule-3925-open-proceedings-judgments-and-orders-records-confidentiality-destruction-of-court-records-setting-aside-adjudications