Waukesha Wisconsin Juvenile Arrest Lawyers - Criminal Defense of Minors
One of two Waukesha girls charged as an adult for the so-called ‘Slenderman’ attempted first-degree intentional homicide of a sixth-grade friend, has asked a judge to declare the law that required her to be charged as an adult unconstitutional and dismiss the case. Her attorneys are challenging the law as it applies to her, saying it violates the Eighth Amendment’s ban on cruel and unusual punishment and that barring her from the juvenile court system violates her rights to equal protection and due process.
Wisconsin law requires children as young as 10 to be charged as adults for certain serious crimes, but permits young defendants to seek reverse waivers to move cases to juvenile court. In order to grant a reverse waiver under the law, a juvenile has to prove that (1) he or she cannot receive adequate treatment in the adult system; (2) transferring the case to juvenile court would not depreciate the seriousness of the offense; and (3) that remaining in adult court is not necessary to deter other children from similar offenses. If the defendants are granted the waiver and are, instead, found delinquent in juvenile court, they could be held in a secure facility until age 25. If not, the defendants face up to 60 years in prison on adult convictions.
Juvenile crime can have serious consequences. Sometimes, the juvenile thought-process can be at odds with common sense. If your minor child has been charged with a juvenile crime in Wisconsin, a conviction can lead to incarceration, impact their ability to attend college or limit their job opportunities. The juvenile criminal defense attorneys at Andrew C. Ladd LLC can help. Our juvenile services attorneys have earned an excellent reputation among juvenile court judges and legal professionals for our efforts on behalf of minors. We have handled minors charged with drunk driving, underage drinking or possession of alcohol, drug charges, assault and sexual assault charges. Call today for help.
Source: Wisconsin Journal Sentinel, “Slender Man Case Attorneys Call Charging Law Unconstitutional”, May 26, 2015.
