Credit: Instagram/kimzolciakbiermann
Kim Zolciak‘s 15-year-old son, Kroy “KJ” Jagger Biermann, is in the throes of a sexual assault case after a girl leveled accusations against him.
While KJ was initially going to be tried as an adult, his legal team has made a move to try to get the case transferred to a juvenile court.
According to Page Six, KJ’s legal team filed a motion on Tuesday to “transfer to juvenile court and for confidentiality proceedings.”
This is an attempt by his attorneys to ask the Superior Court to transfer his case to Georgia’s juvenile justice system. If this goes through, KJ would no longer be tried as an adult and could potentially face less severe consequences if he were convicted.
Jason Sheffield, KJ’s lawyer, noted that at the arraignment hearing due to take place on October 14, they plan to “enter a not guilty plea to all charges.” He also said they planned on filing the motion so KJ would be “tried as a juvenile.”
“It is difficult to comprehend that a 14- or 15-year-old child can be held in detention for a month or longer simply waiting for a bond hearing,” Jason continued. “But that detention is a direct consequence of the detective’s decision to arrest him on charges of this magnitude.”
In a September 8 filing that Page Six obtained, Jason wrote, “The aggravated charges carry a mandatory minimum sentence of 25 years in prison, up to life.”
He noted the sentencing court “cannot probate any portion of the 25 years” and stated that KJ “would not be eligible for parole.”
“He would have to serve every day of each 25-year sentence, if run consecutively,” Jason added.
KJ’s lawyer talked about his potential punishment while he requested a Fulton County Superior Court judge move the case to a juvenile court, noting that KJ was 14 years old at the time of the alleged incident and thus should be given a chance to rehabilitate himself rather than having to face an adult criminal justice system.
“At fifteen, KJ’s story is not finished,” Jason said. “That proposition is not sentimental. It is developmental reality, and it is embedded in Georgia’s statutory scheme.”
He also added that KJ “is an adolescent whose development is ongoing” and “whose future cannot reliably be predicted merely from the labels attached to the allegations against him.”
There is also evidence that Jason claimed he has to demonstrate that KJ “remains amenable to treatment, supervision, structure, education, and rehabilitation within the juvenile justice system,” which he is planning to show at a transfer hearing.
“The adult system asks principally what punishment an offense deserves. The transfer statute asks a different question: What should happen to this child?” Jason noted in the document.
He also called the allegations against KJ “unquestionably serious,” but he insisted that “seriousness is not at the end of the inquiry.”
In the document, it was also requested that the court put extensive privacy protections in place as the case goes on.
The filing noted that the publicity around the allegations could have an effect on witnesses and “contaminate recollections.”
“Neither child chose this attention. Yet both must now live beneath it,” Jason added.
Finally, Jason put in a request to the judge asking for certain juvenile records to be sealed and for the restriction of certain information being disclosed.
Last week, it was reported that KJ was indicted on seven charges and faces up to 50 years behind bars.