State v. Mr. S (DMC NO. 14464) – Juvenile Felony Sexual Conduct with a Minor – Dismissed Pre-Adjudication, with Prejudice – Maricopa County Superior Court, Juvenile Division (Case No. JV601278).
Mr. L was a 17-year old boy enrolled at Queen Creek High School who was dating a 15-year old girl. While traveling home on the school bus, she had oral sex with him. Approximately, 3 months later, after they had broken up, she made an allegation that she was forced to do this. In the past, this girl had accused two other boys and had them both arrested for sexual acts. Mr. L. was ultimately taken into custody and arrested for Sexual Assault.
We became involved in the case and we were able to show that this girl was suicidal, bi-polar and had behavioral disorders. In addition, she was dating a new boyfriend who pushed the agenda to have Mr. L charged with a crime. We also presented evidence to the Prosecutor that Mr. L was on an IEP (Individualized Developmental Program) and was developmentally delayed.
The Juvenile Prosecutor informed us that she was going to instead charge Mr. L with Sexual Conduct with a Minor instead of Sexual Assault. We got her to agree that if Mr. L. did some classes prior to the first court date, she would Dismiss the case with prejudice in a “Pre-Adjudication” status. Mr. L did all the counseling that was required of him through the Banner Health System. When we arrived at court, the case was Dismissed with prejudice. Mr. L then turned 18 and he has no criminal record whatsoever. Originally, he was facing prison time up until his 18th birthday, or potentially being charged as an adult, which would expose him to well over a decade of prison time.