Young people often make bad decisions and end up in trouble. This is part of being “young and dumb.” After being charged with a crime, young defendants often ask me about “youthful offender status.” In this week's column I will give a brief rundown of the definition of youthful offender status, who is eligible for it, and what it means.

When indicted for a felony, an arraignment day is set. This is a time for a person to officially enter a plea of not guilty. If the alleged crime happened when the person was 21 or younger, they may apply for treatment as a youthful offender. When the judge accepts the application, he will instruct the probation officer to meet with the person and prepare a report on that person's personal and criminal history. A court day will be set for the judge to review the report and allow the defendant and his or her attorney to present any evidence, or make an argument, for why that person should be granted youthful offender status.

If youthful offender status is granted, and a trial is needed to determine the outcome of the case, the judge, and not a jury, will hear and rule on the case.

If youthful offender status is granted, the court may do any of the following:

• Suspend the imposition or execution of sentence with or without probation

• Place the person on probation not to exceed three (3) years

• Impose a fine as provided by law with or without probation or commitment

• Commit the person to the custody of the Board of Corrections for a term of three (3) years or for a lesser term or where a sentence or fine is not otherwise authorized by law, in lieu of or in addition to any such fine, the court may also impose a fine not to exceed $1,000

• If the underlying charge is a misdemeanor, correction treatment as provided by law for such a misdemeanor may be given

The positives of being granted youthful offender status are numerous. Here are a few:

• That person will not be disqualified from holding public office or public employment

• No rights or privileges will be forfeited or lost

• A person will not be ineligible to receive any license granted by public authority

• Adjudication as a youthful offender shall not be deemed a conviction of a crime

• Fingerprints or photographs or other records concerning the case shall not be opened to public inspection except where permitted by the court.

A person can also be declared a youthful offender in misdemeanor cases. Someone may be granted Youthful offender status more than once, but that is entirely up to the judge. This status is supposed to help a person get over being “young and dumb” without a public criminal record. However, if the individual continues to get into trouble, the judge is less likely to grant the status additional times.