Week in Review: Aug 9-13


Summers slowly coming to an end and we couldn't be more sad about it. The kids are going back to school which means OJD will be busier (if you know you know!) but we're planning some great CLEs and content that will make your defender day easier. Well, hopefully. Let's jump into your week in review then jump into bed all weekend with nice Netflix binge!


How Do I Know the State Will be Seeking the Gang Enhancement Against My Juvenile?


Under current law, there is no process for notice to the juvenile and the juvenile’s attorney that the state is seeking the gang enhancement. As the juvenile’s attorney, you should consider the following:


  1. Get a copy of the gang assessment from DJJ prior to adjudication

  2. Argue that the notice of gang enhancement be presented pre-adjudication

  3. Develop a theory of defense against client’s involvement in gang activity

  4. Prepare for a hearing on the issue

  5. Request a hearing, similar to an adjudicatory hearing

  6. Request the court make findings on the record and appeal where appropriate

Resource!


NJDC’s Senior Youth Defense Counsel Kristina Kersey released a new document Tuesday rounding up juvenile reform work that has been done across the country. This is a great piece that could help guide NC in some of the reforms we are currently pursuing. Read all about it here.


Defenders!


Missed a CLE? That's alright, we have our recent trainings posted in the Defender Portal for your review. At this time we are not offering CLE credit on a past recorded training BUT they are still worth every second of information. From tips to motions to contacts, please feel free to watch them and if you need any of the documentation, contact our office. Thanks!

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