41A Teen Court Sentences Boy, 16, for MIP

High School students participating in Macomb County Prosecutor Eric Smith’s Teen Court Program sentenced a 16-year-old boy Wednesday charged with a minor in possession of alcohol.  

The teens, acting as the jury, bailiff and defending and prosecuting attorneys tried the juvenile in 41A District Court before Judge Douglas Shepherd.

The juvenile defendant, whose identity will not be revealed because he is a minor, was sentenced to 2.5 months of probation, drug and alcohol testing twice a month and weekend and weekday curfews.

The sentencing will be legally binding and overseen by the Macomb County Prosecutor’s Office.

Assistant Prosecuting Attorney Vicki Walsh, who works with the students for months to prepare them for the trial, said Smith started the program several years ago as a diversion for first time nonviolent juvenile offenders. 

“This is really a get out of jail free card–you wouldn’t go to jail anyway–but it’s like winning the lottery for the defendant,” she said.

Walsh said the juvenile defendants are chosen at random to participate in the program. If the defendant, and his or her family agree to participate, and does not violate the terms of the sentence, the defendant’s record will be completely wiped clean.

Although, juvenile records are expunged once they become adults, juvenile convictions can be retrieved for several reasons such as college financial aid applications, said Walsh. However, in this case, there will be no record.

Teens Deliver Sentence

The teen-led court kicked off with the juror's oath, opening arguments and witness testimony.

Walsh, with the permission from the officer who gave the defendant the MIP, took the stand and pretended to be the acting officer at the scene.

She was interviewed first by teen prosecutor Kristina Ljuljduraj about the events that led up to the defendant's charge.

Around 2 a.m. April 8, the juvenile was the passenger of a vehicle that was pulled over on 23 Mile Road, east of Interstate 94 for traveling with an unlit registration plate.

The defendant admitted to the officer that the vehicle was his, but he asked his friend to drive it home because he had been drinking at another friend’s house earlier in the evening.

A bottle of open alcohol was found in the trunk of the vehicle.

The teen defendant took the stand and was grilled about the frequency of his alcohol use. He also admitted to smoking marijuana in the past.

Under cross-examination by teen defense attorney Adelina Prela, the defendant said he has enrolled in drug and alcohol abuse counseling and has started volunteering in his community.

Prela pointed out that the teen acted responsibly by asking a friend who had not been drinking to drive them home.

Judge Shepherd told the defendant that as an older brother, he has to act as a role model for his family.

“If you don’t care about yourself think about how this affects those around you. … Your family expects certain things from you,” said Shepherd.

The jury asked a series of questions, and then closing arguments were delivered. The prosecutor had asked for three months probation, twice monthly drug and alcohol testing and a weekend and weekday curfew.

The jury deliberated for 10 minutes before handing out the sentence, which was 15 days of probation less than the prosecutor had asked.

“It takes into account everything he’s been doing. He’s been having some problems with drugs and alcohol, and I believe what we have enacted will hopefully help get him on the right track,” said teen juror Frank Leone.