Jury Duty

While I know I have zero chance of ever being selected to be on a jury, I do live vicariously through friends and family when they receive their summons in the mail. Last week it was mother's turn to complete her civic duty in Federal Court. It was around 2:00 when I received her text that she had been excused. It was her summary of events that made me shake my head and grin...

She was seated in the jury box while the judge asked general questions to all members of the panel. She did not respond when asked if she knew anyone in law enforcement. No, she thought, her daughter is a criminal defense attorney. The judge eventually started asking her individual questions including the standard question "is there any reason you couldn't be fair?". My mom responded that she thought she should mention that her daughter was a former Deputy District Attorney and now practices as a criminal defense attorney in Mecklenburg County. The judge immediately asked my mom why she didn't mention that when he asked about law enforcement.

My mother's response: "My daughter doesn't enforce the law, your honor, she defends it." She was summarily dismissed by the government's attorney.


Criminal Law Updates Provided by The Law Office of Carilyn Ibsen PLLC (888)543-2427

The Difference Of One Year

Sometimes the difference of one year can have a monumental impact on a person. This week in Mecklenburg County district court I handled two seperate cases involving a 15 year old and a 16 year old. The 15 year old is accused of a misdemeanor for an incident at high school. The 16 year old is accused of a drug charge. The 15 year old was in juvenile court. The 16 year old in adult court.

The juvenile's family didn't understand why probation was necessary for the incident, why a court counselor was involved in their life and why the court was going to keep an eye on their child for the next 6 months. Unfortunately this family had experience in adult court with an older sibling before and was not used to the responsibilities and requirements of juvenile court.  I explained to the family that their child was showing red flags- poor performance in school, poor attendance in school, hanging out with less than desirable individuals and participating in incidents at school,  although minor, still deemed criminal under the law. In theory, the juvenile system is designed to help this young person become a productive member of society and not become a statistic in the adult system. If the child is successful, they can become a productive member of society without any criminal record. They have the chance to succeed without explaining a criminal charge on a job application or job interview.  

The 16 year old in adult court is facing drug charges. There is no court counselor. There isn't a judge that will be personally assigned to the case, familiar with the teenager, and familiar with family members. Mecklenburg County had a drug rehabilitation program for those facing drug charges, STEP Court, but it appears there is no money to fund the program anymore. If convicted, the 16 year old will have a criminal record. An explanation will be required throughout his/her life.

North Carolina and New York are the only two states in the entire country that automatically view a 16 year old as an adult. There has been positive movement in North Carolina to change this to 18 years of age.



Criminal Law Updates Provided by the Law Office of Carilyn Ibsen PLLC (888)543-2427

Juvenile Crime Prevention- a Horse Lover's Opinion

Anyone who is an animal lover may be able to relate to this post. I grew up around horses. I started riding around 7 years old and didn't stop until the first year of law school. This week my family had to make the difficult decision to euthanize my competition horse Chrytique (The spelling is different- he was named after his father, Chrysos). I was introduced to Chrytique when he was three years old and started riding him competitively when he was seven. Needless to say he has been in our family for almost twenty years. His legs finally gave out on him this week and we had to say goodbye. So, in honor of Chrytique, I wanted to give a horse lover's opinion on juvenile crime prevention.

I have been an attorney for nearly ten years now. I have sadly seen many children work their way through the juvenile and subsequently the adult justice system. I have read many probation and sentencing reports. A common answer to why a young person committed a crime is that they felt like they didn't belong. They wanted to be part of something bigger.

Young adults must be involved in something. They must have something to be passionate about. It doesn't have to be sports- it can be art, writing, science, computers; anything that gives them a reason to do well in school and something to keep them busy after school. The Department of Education has reported that a juvenile is most likely to commit a crime between the hours of 2PM and 8PM, with crimes peaking at 3PM. Chrytique kept me out of trouble. I was responsible for something more than just myself. If I didn't do well in school, I knew someone else would have the privilege of being responsible for Chrytique. He taught me responsibility, how to focus on and reach a goal.  Most importantly, he showed me that I would fail sometimes and, excuse the analogy, how to get back on the horse again.

As a former prosecutor and now practicing defense attorney, I have had the opportunity to analyze crime from both perspectives. A District Attorney enforces the law, protects the citizenry and holds people accountable for their actions. A defense attorney protects the rights of their clients, advocates for their client in court and holds the state to their burden of proving cases beyond a reasonable doubt. When it comes to juvenile crime, it is imperative that the District Attorney, Judges, defense attorneys, and court counselors work together in a collaborative way to achieve an outcome that gives a child the opportunity to succeed. Don't set them up for failure by putting them in a court ordered program that doesn't address their needs.  I recently worked with a court counselor on a juvenile case; he proposed decreasing the minor's probation length by 30 days for every A he received in school. Great idea. Give kids a goal that they can accomplish and show them that they can succeed.

So, there you have it- A horse lover's opinion on juvenile crime prevention. Maybe a bit simplistic. Maybe a bit general. Didn't use a lot of statistics. Just reflected on a very special four legged friend.