Commonwealth v. Newton N.

At issue in this appeal from the Juvenile Court’s grant of a prearrangement motion to dismiss a delinquency complaint, the Supreme Judicial Court held (1) a judge, in weighing whether the information contained within the four corners of the complaint application and attached exhibits establishes probable cause, may not consider whether a juvenile was criminally responsible for the charged offenses or whether the juvenile’s mental impairment rendered the juvenile incapable of having the requisite criminal intent; and (2) where a prosecutor proceeds to arraignment on a delinquency complaint supported by probable cause, the judge may not dismiss the complaint prior to arraignment on the grounds that dismissal of the complaint is in the best interests of the child and in the interests of justice. The Supreme Judicial Court held that, in this case, the dismissal of the delinquency complaint before arraignment was improper because the complaint was supported by probable cause and the prosecutor wished to proceed to arraignment. The court vacated the order of dismissal and remanded the matter to the Juvenile Court. View "Commonwealth v. Newton N." on Justia Law

Posted in: Juvenile Law

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