Juvenile Seeks to Withdraw Adult Plea, Highlighting the Treatment of Juveniles as Adults in Minnesota Courtrooms
One of the teenagers involved in the tragic shooting incident that took place at an Iowa high school in 2022 is now seeking to withdraw his guilty plea. Octavio Lopez Sanchez Jr., who was originally charged with first-degree murder, attempted murder, and willful injury causing serious injury, had previously agreed to plead guilty to second-degree murder and two counts of willful injury. However, he now expresses a desire to withdraw that plea.
“Some think that if somebody is a juvenile, a criminal charge can never be too serious. They would be wrong.”
The shooting, which occurred on March 7, 2022, at Des Moines' East High School, resulted in the death of 15-year-old Jose David Lopez and left two other teenagers seriously injured. Notably, Lopez was not a student at the school.
This case sheds light on the issue of juveniles being charged as adults across the country and right here in Minnesota. In the state, if a child is 14 years old or older and is accused of certain types of offenses, they can face adult criminal prosecution. Although the process of "adult certification" is complex and varies depending on the child's age, Minnesota prosecutors actively seek to move certain cases to adult courtrooms, pursuing adult sentences, including adult prison. If you or a loved one is a juvenile facing serious charges that risk possible adult certification, make sure you consult with an experienced Minnesota criminal defense attorney.
In order to determine if adult certification is appropriate, the court looks at specific criteria. These include whether the offense is considered dangerous, involves a weapon, is a felony charge, and if that felony carries a presumptive prison sentence for an adult. A contested hearing is conducted to establish whether there is probable cause and clear and convincing evidence that it is in the public interest to handle the case in adult court.
“Juvenile charges could easily come back and bite you as an adult. Some never really go away.”
It is important for parents whose children are facing serious charges in Minnesota to consult with an experienced criminal defense attorney who specializes in juvenile cases. These legal experts can determine the likelihood of adult certification and explore alternative options, such as extended juvenile jurisdiction. This approach allows the court to maintain jurisdiction over the child until the age of 21, providing a chance for both a juvenile court sentence and a stayed adult court sentence. If the conditions of the juvenile court sentence are not met, the adult court sentence may be imposed, leading to potential incarceration in an adult prison.
When facing charges such as murder, rape, sexual molestation, or serious felony assault involving weapons, it is crucial to seek the guidance of a Minnesota Board Certified Criminal Law Specialist like Jack Rice. Former prosecutor, former U.S. CIA Officer, and nationally recognized criminal defense attorney, Jack Rice, brings a wealth of experience to his practice. For a free consultation, individuals can contact Jack Rice Defense at 651-447-7650 or 612-227-1339.