State v. T
Apparent 1st Impression On Transfer To Adult Criminal Docket
- Superior Court
- Waterbury J.D., at Waterbury (Juvenile Matters)
- Nov 15 2013 (Date Decided)
- Eschuk, J.
A court can find that it is in the best interests of a juvenile to transfer the juvenile to the regular criminal docket. On Oct. 1, 2012, police allegedly discovered the 16-year-old defendant, T, in a motor vehicle with three other individuals. Police observed the smell of marijuana, and the occupants admitted that they were using marijuana. T allegedly bent toward the floor. Police opened the door, when he refused to immediately show his hands, and allegedly discovered a magazine that contained ammunition on the floor and a stolen .45-caliber gun in his pant leg. Police charged T with theft of a firearm, which is a felony, possession of a weapon in a motor vehicle and carrying a pistol without a permit. The state filed a motion to transfer to the regular criminal court docket. Based on the police report, the Juvenile Court found that the police possessed probable cause to arrest T. T's possession of the gun carried a high degree of risk to T and the public. A juvenile probation officer testified that T had 101 absences from school and did not accept psychiatric counseling or medicine. T rejected the Juvenile Court's efforts to provide rehabilitation services. The court found that those services were no longer available to T, and it was not in the best interests of the minor child and the public for T to remain on the juvenile court docket. "[F]acing the displeasure of society," wrote the court, "may be beneficial to a respondent who clearly did not take juvenile court seriously." The court transferred criminal charges against T to the adult criminal docket.