Summary
The Massachusetts Supreme Judicial Court held that a Juvenile Court judge may impose a continuance without a finding (CWOF) for a juvenile charged with carrying a firearm without a license under G. L. c. 269, § 10(a). The court concluded that the statutory prohibitions on CWOFs apply to adult criminal prosecutions or to cases resulting in an adjudication of delinquency, neither of which applied here. The court affirmed the denial of the Commonwealth’s motion to revise or revoke the disposition.
Topics
Practice areas
Questions Presented
- Whether a Juvenile Court judge may impose a continuance without a finding after a juvenile admits to sufficient facts supporting an adjudication of delinquency for violating G. L. c. 269, § 10 (a).
- Whether G. L. c. 269, § 10 (a) (6), prohibits a CWOF in a juvenile delinquency proceeding.
- Whether G. L. c. 119, § 58, seventh paragraph, requires commitment to the Department of Youth Services or otherwise prohibits a CWOF before an adjudication of delinquency for a § 10 (a) offense.
Holdings
- A continuance without a finding is a lawful disposition for a juvenile who tenders a plea or admission to sufficient facts for a delinquency complaint alleging a violation of G. L. c. 269, § 10 (a).
- The reference in G. L. c. 269, § 10 (a) (6), to prosecutions commenced under that subsection refers to adult criminal prosecutions, not juvenile delinquency proceedings.
- The seventh paragraph of G. L. c. 119, § 58, requires commitment to DYS only after a person has been adjudicated a delinquent child for a § 10 (a) violation; it does not prohibit a CWOF entered before such an adjudication.
Key quotations
“Based on the text and over-all structure of the relevant criminal and juvenile statutes, the rehabilitative goals of the juvenile justice system, and the statutory discretion granted to Juvenile Court judges in the disposition context, we conclude that a CWOF is a lawful disposition on such a § 10 (a) charge.” (Opinion opening)
“The most natural understanding of § 10 (a)'s omission from both lists is that it was intentional and that the Legislature intended to prohibit CWOFs for the enumerated sex offenses only.” (Discussion, § 2(b))
“Neither paragraph precludes CWOFs prior to an adjudication of delinquency.” (Discussion, § 2(c)(ii))
Factual background
School administrators at a Boston school learned that the juvenile might possess a weapon and conducted an administrative search. They found a nine-millimeter Glock pistol and six rounds of ammunition in a fanny pack worn by the juvenile. The juvenile had a valid firearm identification card but no license to carry the firearm outside his home or workplace. The juvenile had previously experienced threats and assaults while traveling to school, and after his arrest he was readmitted to school, graduated, completed occupational training, and worked part-time jobs.
Procedural history
A Suffolk County Juvenile Court complaint charged the juvenile with unlawful firearm possession, carrying a loaded firearm without a license, and unlawful ammunition possession. After the juvenile tendered an admission and requested a continuance without a finding, the judge entered a CWOF on the two firearm counts and dismissed the ammunition count pursuant to the parties' agreement. The Commonwealth's motion to revise or revoke the disposition under Mass. R. Crim. P. 29 was denied, and the Commonwealth appealed. The Supreme Judicial Court transferred the case on its own initiative and affirmed.