Commonwealth v. K.S.

Kristen D. Clardy

Case Conclusion Date:July 13, 2010

Practice Area:Juvenile

Outcome:Conviction overturned on appeal

Description:A 15 year old juvenile was charged with a probation violation after having been convicted of a serious, violent felony as a juvenile. The probation violation only included allegations of marijuana use - relatively minor infractions. In the Juvenile court, the judge committed the child to the Department of Juvenile Justice for an indeterminate time period. On appeal to the jurisdiction's Circuit Court, Ms. Clardy argued that the indefinite commitment was excessive, and that the child should be returned to probation and be allowed to re-enter drug treatment. The Circuit Court judge agreed, overturning the lower court's conviction.