Juvenile Delinquency

By: Derek Hawkins//October 28, 2015//

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Criminal

WI Court of Appeals – District IV

Officials: LUNDSTEN, J.

Juvenile Delinquency

2015AP1256-FT State of Wisconsin v. B.A.H

B.A.H. appeals the circuit court’s order that imposed restitution on B.A.H. after the court found him not competent to proceed on juvenile delinquency allegations. Because of B.A.H.’s incompetency, the court never made a finding as to delinquency and instead found that B.A.H. was a juvenile in need of protection or services. B.A.H. argues that, under these circumstances, the circuit court lacked statutory authority to impose restitution. I agree because, as B.A.H. points out, the applicable restitution provision requires a finding that the juvenile “committed a delinquent act” resulting in damage or physical injury. See WIS. STAT. § 938.34(5). I reverse and remand for the circuit court to vacate the restitution order

Decision

Reversed and Remanded

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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