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Old Monday, September 19, 2016
meherazad meherazad is offline
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Juvenile court process
Pretrial, trial, and sentencing
1. How juvenile cases are handled: In a juvenile case, the victim does not bring charges against the accused. A crime is considered a wrong against the state, and the people of the state file charges. The country attorney represents the state, and filing a petition against the juvenile is charging him or her with a crime. In some situations, a law enforcement officer will issue a ticket, also called a citation.
A delinquent act is an act committed by a juvenile that would be a crime if committed by a person over age 18. When a juvenile has been charged with a delinquent act, the legal process is significantly different from the process used for adults.
2. Investigation and charging: a crime committed by a juvenile is investigated like any other crime. After the crime is reported, the officer conducts an investigation to decide if there is enough evidence to prove that the juvenile committed offense. If the officer believes that there is enough evidence, reports are sent to the County Attorney’s Office or a citation may be issued.
3. Detention: the police officer may be release the juvenile to the custody of a parent or guardian, place the juvenile in a shelter care facility, or continue and detention. The law requires that a juvenile be released from detention unless certain extreme circumstances exist. Most juveniles in detention must come before the court within 24 to 48 hours for a detention hearing.
4. Location of hearing: the hearing, described on the following page, may take place in different locations. A juvenile offender’s arrangement hearing, pre-trial hearing and trial occur in the country where the crime was committed.
5. Arraignment: At the arraignment hearing the juvenile will appear in the court and be asked to “admit” or “deny” the offense alleged in the petition. Juvenile are entitled to an Attorney and may apply for an Attorney to be appointed to represent.
6. Pretrial hearing: in some jurisdictions, the judge may order a pretrial hearing to decide issues of law before trail. Citizen witnesses are usually not called to testify at these hearings. A juvenile may admit at this hearing.
7. Trial: the judge or jury will make a determination that the petition is “proven” or “not proven”. If the judge find the petition has been proven the case proceeds to a disposition hearing.
8. Disposition: the disposition will depend on the offense, the juvenile’s attitude, the juvenile’s criminal history or the availability of appropriate service.
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