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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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How Do District of Columbia’s Sentencing Guidelines Treat Juvenile Sex Offenders?

March 29, 2024 Uncategorized

Understanding Juvenile Sex Offender Sentencing in D.C.

D.C.’s Voluntary Sentencing Guidelines

D.C. has voluntary sentencing guidelines that Superior Court judges use when determining sentences for felony offenses, including sex crimes.2 The guidelines recommend a sentence range based on the severity of the offense and the offender’s criminal history. For example, the guidelines may recommend a sentence of 6-24 months for an offender with no prior record convicted of an offense in severity group 8A. The judge could impose a suspended sentence of 6 months probation and be in compliance with the guidelines.2 However, mandatory minimum sentences take precedence over the guidelines. Many sex offenses carry mandatory prison terms that the judge must impose regardless of what the guidelines recommend.

Juvenile Registration Requirements Under SORNA

The federal Sex Offender Registration and Notification Act (SORNA) requires certain juveniles adjudicated delinquent of serious sex offenses to register as sex offenders.1 To fall under SORNA’s juvenile registration provisions, the offender must have been:

  • 14 years of age or older at the time of the offense
  • Adjudicated delinquent of an offense comparable to or more severe than aggravated sexual abuse (as defined in 18 U.S.C. 2241)

Aggravated sexual abuse offenses generally involve sexual acts committed by force, threat, or rendering the victim unconscious, or sexual acts with children under 12.4 Juveniles who have to register under SORNA based on a delinquency adjudication are considered Tier III offenders. They are subject to the duration and in-person verification requirements applicable to that tier.1 However, SORNA allows juvenile registration to be terminated after 25 years with a clean record.1 Jurisdictions also have discretion regarding whether to post information about juvenile offenders publicly on their sex offender websites. Community notification about juvenile offenders may be limited to certain agencies or individuals as needed for public safety.1

Mandatory Minimums for Certain Offenses

Many sex offenses carry mandatory minimum prison terms for offenders convicted in D.C., including juveniles charged as adults. Some of the offenses subject to mandatory minimums include:23

  • First degree sexual abuse: 7 years
  • Second degree sexual abuse: 5 years
  • First degree child sexual abuse: 7 years
  • Enticing a child: 5 years
  • Abducting or enticing a child under 12: 20 years

Crimes of violence, including sexual abuse offenses, committed while armed also carry mandatory minimums of 5-10 years.2 There are also mandatory penalties for repeat offenders. A second conviction for first degree sexual abuse mandates a 10 year minimum. A second conviction for many other serious sex offenses requires a life sentence.2

Trying Juveniles Charged with Sex Offenses as Adults

Under D.C. law, juveniles age 15 and older charged with certain violent crimes, including sexual abuse, may be transferred to adult court.5 Prosecutors can file a motion to transfer the case if they believe there are not sufficient resources in the juvenile system to rehabilitate the minor. The court will hold a hearing to determine if transfer is appropriate based on factors like the seriousness of the alleged offense and the minor’s prior record.5 If the case is transferred, the juvenile will be tried and sentenced as an adult. This means the mandatory minimum sentences and sex offender registration requirements will apply. Even if the case remains in juvenile court, a minor adjudicated delinquent of certain serious sex offenses will still have to register under SORNA.

Youthful Offender Sentencing Alternatives

In 2020, the D.C. Council passed legislation allowing youthful offenders to petition for sentence reductions.3 The law applies to offenders who were under 25 at the time of the offense and have served at least 15 years in prison. Those convicted of murder or sexual assault are not excluded. Judges can consider factors like the offender’s age at the time of the crime, evidence of maturity and rehabilitation, and the nature of the offense when deciding whether to reduce a sentence.3 This means some juvenile sex offenders sentenced as adults may become eligible for release earlier than their original sentence. However, the U.S. Attorney’s Office and D.C. police have raised concerns that the law could lead to the early release of violent offenders and have a negative impact on public safety.3 It remains to be seen how many youthful offenders, including those convicted of sex crimes, will actually have their sentences reduced under the new law.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Juvenile Sex Crimes and Mandatory Minimums: A Case Study

To illustrate how mandatory minimums can impact juvenile sex offense cases in D.C., consider this hypothetical:

A 16-year-old boy is accused of breaking into a neighbor’s house and sexually assaulting a 30-year-old woman. He is charged with first degree sexual abuse. Due to the severity of the allegations, prosecutors file a motion to transfer the case to adult court. The judge grants the transfer based on the boy’s age, the violent nature of the alleged offense, and a prior juvenile adjudication for misdemeanor sexual abuse. The boy is tried as an adult and found guilty by a jury. Under the sentencing guidelines, a first-time adult felony offender convicted of an offense in severity group 5A could receive a short split sentence of 18-60 months, with a portion suspended in favor of probation.2 However, first degree sexual abuse carries a mandatory minimum term of 7 years in prison.2 Therefore, the judge must sentence the defendant to at least 7 years, served in an adult facility, even though he was a juvenile at the time of the offense. Once released, he will have to register as a sex offender for a minimum of 25 years.1 If the case had remained in juvenile court, the judge would have had more discretion in crafting an individualized sentence focused on rehabilitation.

Juvenile sentences are typically indeterminate and allow for release once the offender is deemed rehabilitated by the court.5 However, even in juvenile court, SORNA’s registration requirements still would have applied. The offense of first degree sexual abuse is comparable to aggravated sexual abuse as defined in federal law.4 The defendant was over 14 at the time of the offense, so he would be considered a Tier III sex offender required to register for 25 years.1 This case illustrates how mandatory minimums and SORNA limit judicial discretion and can lead to more punitive outcomes for juveniles charged with serious sex offenses in D.C. Even accounting for the youthful offender sentence reduction option, juveniles convicted as adults still face substantial prison terms and long-term sex offender registration.

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