Posts tagged "Benjamin"

Benjamin B., a juvenile v. Commonwealth (Lawyers Weekly No. 10-181-17)

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Benjamin B., a juvenile  vs.  COMMONWEALTH.

November 9, 2017.

Supreme Judicial Court, Superintendence of inferior courts, Appeal from order of single justice.  Juvenile Court, Delinquent child.  Practice, Criminal, Juvenile delinquency proceeding, Complaint, Dismissal.

The juvenile appeals from a judgment of the county court denying, without a hearing, his petition for relief under G. L. c. 211, § 3.  The juvenile has been charged by a delinquency complaint with making a bomb threat.[1]  A judge in the Juvenile Court, apparently believing that she lacked authority to dismiss the complaint prior to arraignment, arraigned the juvenile.[2]  But see Commonwealth v. Humberto H., 466 Mass. 562, 575-576 (2013) (Juvenile Court judge has discretion to dismiss complaint prior to arraignment where complaint is not supported by probable cause).  See also Commonwealth v. Mogelinski, 473 Mass. 164, 166-167 (2015) (authority to dismiss before arraignment where judge determines that Juvenile Court lacks jurisdiction).  The following day, the judge reconsidered that decision, determined she did have authority to consider a motion to dismiss before arraignment, and entered an order vacating the arraignment of the juvenile and directing the probation department to expunge the juvenile’s court activity record information (CARI).  The probation department moved for reconsideration, arguing that it was obligated to maintain CARI records and could not expunge them.  After further briefing and argument, the judge again reversed herself, reinstating the juvenile’s arraignment and vacating the expungement order.  The juvenile’s G. L. c. 211, § 3, petition sought relief from this interlocutory ruling.  We affirm the judgment. read more


Posted by Massachusetts Legal Resources - November 10, 2017 at 12:28 am

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