05-30-2013, 09:58 AM
(05-29-2013, 10:56 PM)Cheyne Wrote: If the judge decides that Isaiah can't be tried due to his age (and inability to participate in his own defense) what happens then? Does he just walk out of court a free person and go back to living with his family as if nothing happened?
I don't think the defense attorneys stand a chance of getting this dismissed as long as the state's arrest warrant and charges are legally valid. But, they'll try, as is common in any criminal case. Even if they know they have no chance, making the statement that Isaiah's too young to understand is defense-building for whatever comes next.
The fact that Isaiah is the youngest to be charged with this crime might also give the defense attorneys hope that there's an open door for dismissal. Nothing with which to compare his capacity in the California juvenile system, to the best of my knowledge.
IF somehow the attorneys managed to get Isaiah released on the grounds that he's too young to understand the charges and aid in his defense, I think there would be a lot of requirements placed upon whomever he was released to, along with probation visits, etc... He wouldn't just walk out free to live his life as before, IMO.
Adub has more insight into the California juvenile system than do I, maybe she'll weigh in.