Many juvenile cases are resolved through admissions (known as guilty pleas in criminal court), often with the prosecutor’s agreement to reduce the charge. Sometimes, the reduced charge is a lesser-included offense of the original offense charged in the petition, such as changing common law robbery to misdemeanor larceny. See State v. White, 142 N.C. App. 201, 204 (2001). But, often, a reduced charge is not a lesser-included offense, like changing sexual battery to simple assault. See State v. Corbett, 196 N.C. App. 508, 511 (2009). The question then becomes: How can the State proceed on a different offense than the one charged in the petition? Can the prosecutor prepare a misdemeanor statement of charges as in criminal court? Or, is a new petition required? Here are the answers. To Proceed on a Lesser-Included Offense: Use the Original Petition. If the new charge is a lesser-included offense, nothing may be required. Several published appellate cases suggest that a juvenile petition is sufficient to allow an adjudication of delinquency for the charged offense and any lesser-included offenses that are supported by the evidence. See, e.g., In re I.R.T., 184 N.C. App. 579 (2007) (reversing adjudication for possession with intent to sell or deliver cocaine and remanding for entry of order on simple possession); In re J.H., 177 N.C. App. 776 (2006) (reversing adjudication for felony possession of stolen goods and remanding for entry of order on misdemeanor possession of stolen goods). In criminal cases, the law explicitly states that an indictment may support [...]
Faculty Coordinators
