The Juvenile Court Process
Pretrial, trial and sentencing
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 county 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.
The juvenile justice system works to treat and rehabilitate juvenile offenders. Including diverting the juvenile from the
court process through other restorative justice services when possible. In addition, juvenile courts move more quickly
to resolve cases and provide the accused more privacy than adults charged with similar crimes
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 the 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.
Next, the County Attorney's staff will review the information, decide whether the evidence supports charges, and, if
so, file charges. If there is not enough evidence, the case may be rejected or returned to the officer for additional
investigation.
Detention
In some situations, a juvenile may be taken into custody and detained. The police officer may release the juvenile to
the custody of a parent or guardian, place the juvenile in a shelter care facility, or continue the 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. Most juvenile offenders are not
detained. They are summoned to court by a mailed notice.
Locations of hearings
The hearings, described on the following page, may take place in different locations. A juvenile offender's
arraignment hearing, pre-trial hearing and trial occurs in the county where the crime was committed. The disposition
hearing takes place in the county of residence.
Arraignment
At the arraignment hearing, the juvenile will appear in court and be asked to "admit" or "deny" the offense alleged in
the petition. Juveniles are entitled to an attorney and may apply for an attorney to be appointed to represent them. An
admission is equivalent to a guilty plea. Upon admission, the juvenile's case goes to disposition, either immediately or
in the future. A denial leads to a trial.
Pretrial Hearing
In some jurisdictions, the judge may order a pretrial hearing to decide issues of law before trial. Citizen witnesses are
usually not called to testify at these hearings. The juvenile may admit at this hearing.
Trial
In most cases, juvenile trials are held before the judge. However, in some instances a juvenile can request a jury trial.
A juvenile offender has the same legal protections during trial as an adult charged with a similar crime. The judge or
jury will make a determination that the petition is "proven" or "not proven." If the judge finds that the petition has been
proven, the case proceeds to a disposition hearing.
Disposition
Once the juvenile is convicted by a judge or jury (or enters an admission), a disposition hearing is scheduled. The
judge has many options, including a warning, restitution, fines, community service, probation, foster care, out-of-
home placement, or detention. The disposition will depend on the offense, the juvenile's attitude, the juvenile's
criminal history, or the availability of appropriate services.
