Tag: Delinquency history level
  • Determining Disposition Level in Delinquency Cases

    Determination of the correct disposition level available in a delinquency case requires a four-step process.

    1. Identify the offense for which disposition is being entered (hereinafter referred to as the “disposition offense”).
    2. Identify the offense classification for the disposition offense.
    3. Calculate the juvenile’s delinquency history level.
    4. Use the disposition chart to identify the corresponding level or levels for the case.

    Continue Reading

  • What Adjudications Count When Determining a Juvenile’s Delinquency History Level

    One of the most important factors affecting a juvenile court disposition is the juvenile’s delinquency history level, which in turn depends primarily on the juvenile’s prior delinquency adjudications. The delinquency history level (low, medium, or high), combined with the classification of the current offense, determines which dispositional alternatives are available in a particular case. G.S. 7B-2508. The higher the delinquency history level, the greater the consequences for the juvenile. Obviously, it’s important for the court to get it right. Based on recent advising requests, there is some confusion about what counts as a prior adjudication and what happens when there are multiple adjudications before the court. A recent appellate decision addressed one of these questions. Here’s a breakdown of the case, as well as new legislation in response, which will change the analysis.

    Continue Reading
^ Back to Top