As many cases are processed informally, and court decisions are highly individualized, the model "case flow" is rather general; however, the basic procedures described are standard nationwide. The first encounter a youth has with the juvenile justice system is usually his or her arrest by a law enforcement official. Other ways that youth enter the system include "referrals" by parents and schools, delinquency victims, and probation officers. A decision is usually made after arrest as to whether a youth should be detained and charged, released, or transferred into another youth welfare program.
The officer handling the case makes this decision based on information obtained from the victims of the crime committed by the juvenilethe juvenile himself, the juvenile's parents, and any past records the youth has with the juvenile justice system. Federal regulations require that juveniles being held in adult penitentiaries while officials attempt to contact parents or make transfer arrangements be kept out of "sight and sound" of adult inmates, and be removed from the adult facility within six hours.
When a juvenile court case reaches the juvenile probation department, an intake officer will decide whether to dismiss it, handle it informally, or hear it formally. To make this decision the officer reviews the facts surrounding the case to decide if there is enough information to try the youth.
If the court has received adequate evidence to hear the case, a decision will be made as to whether the juvenile case should be heard formally or informally.
If the information available is inadequate, the case will be dropped. While a youth awaits trial he or she may be held in a "secure detention facility.
A youth will typically be detained if he poses a threat to himself or public safety. Approximately 50 percent of all juvenile justice cases are heard informally, and among these, most are dismissed. Cases receive an "informal disposition" by a judge when a youth admits guilt and agrees to settle the charges by meeting the requirements of the court, which are laid out in a "consent decree.
Once all parties have agreed to the "consent decree," the youth will be released on a probationary basis to fulfill his obligations. During this "informal probation" time, his progress will be monitored by a probation officer.
After he has met the requirements of the "consent decree," the juvenile court case will be dismissed. If the youth fails to meet the orders outlined by the court, he may be required to face a formal hearing.
If, upon assessment of a juvenile's case, a formal hearing is deemed necessary, an initial decision must be made as to how the case will be heard. In many states, specified cases may be heard in either juvenile or criminal court. In such situations the prosecutor is generally given the liberty to decide where the case will be tried.
Most cases involving juveniles fall under the jurisdiction of the juvenile court. However, in some states, laws have been instituted that require particularly egregious offenses to be tried in criminal court. Juvenile courts receive two petitions from prosecutors: "delinquency petitions" and "waiver petitions. A delinquency petition informs the judge of the allegations against a youth and asks the judge to "adjudicate," hear and judge the case in a formal hearing.
During an adjudicatory hearing the testimony of witnesses and the facts of the case are heard.
The Juvenile Court Case Process
If the juvenile is found "delinquent" by the judge or in some states, by a jurya "disposition hearing" is scheduled. In the interim, the probation office is tasked with the responsibility of evaluating the youth and recommending a course of action for the court to take.
Probation officials will take into account the results of any studies that have been made of the youth. Often these include "psychological evaluations" and "diagnostic tests. During the disposition hearing the probation officer, prosecutor, and juvenile are permitted to propose disposition strategies. The recommendations frequently include drug rehabilitation, limited weekend confinement, restitution, and residential placement.In most instances, when a minor violates the law, the matter will be resolved in a special court known as a juvenile court.
As a general rule, proceedings in juvenile courts are civil, not criminal. Accordingly, a juvenile will typically not be charged with a crime, but may be determined to be delinquent. If the juvenile court rules the minor to be delinquent, the minor becomes subject to the power of the court, and the court has a wide range of options to do what it considers to be in the best interests of the juvenile.
Delinquency offenses. For violations that would be tried in a criminal court if committed by an adult, a juvenile may face a number of potential sanctions. For example, the officer dealing with the juvenile may choose to issue a warning, or may simply hold the juvenile until a parent arrives. The officer also has the authority to take the juvenile into custody and refer the case to juvenile court. If that happens, a prosecutor or juvenilecourt officer will become involved, making the decision whether to resolve the matter informally or with formal charges.
Such a determination is usually based on a variety of factors, including:. Status Offenses. The other type of juvenile offense is what is known as a status offense. Examples include curfew violations, truancy, possession of alcohol or tobacco, and running away from home. Wishing you happy holidays and a wonderful new year. Best wishes from everyone at GetLegal.
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We are constantly working to expand and improve many resources we offer to legal professionals and the public. Blog Contact Us Current Location: change location. Such a determination is usually based on a variety of factors, including: Related GetLegal.
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Juveniles keep getting into the same trouble that adults do, all the way up to murder. This could result in a delinquency petition being filed, or it could potentially be handled as an administrative manner with just a little intervention, without going for the whole court. But every kind of criminal case that an adult gets, juveniles can get. In Illinois, you are legally considered an adult for any criminal activity at age However, if you commit a crime at 17, you could be charged in the juvenile system, or you could be charged in the adult system.
Which court you are charged in depends on several factors. There are some juvenile cases that they consider so serious that they can be transferred to the adult court system, such as murder.
The judge would have to make the decision if he thought it was serious enough that the matter should go to the adult court.20 Speeding ticket defenses - Traffic attorney explains how to beat a speeding ticket
There are quite a few cases that tend to fall into this category, which usually involves something like armed robbery or attempted murder. These would normally be Class X felonies here, which carry up to a 6 to 30 year penalty with no probation possible. Then they have to release you. It would be charged as attempted murder, and everybody thought this is a heinous offense, and the kid needs to be locked up for a long time. Murders automatically get transferred to adult court.
Serious sexual cases, and any Class X cases are going to get transferred. There is a little bit of variation in there, but some cases are automatically transferred, and some of them have to have a transfer hearing to see if it meets the statutory criteria, which is usually a Class X felony.
You have to be 13 years of age when you commit the serious offense for them to transfer. Juveniles are not incarcerated with adult inmates when they are arrested for an offense. They go to the juvenile detention center.
That will be done very quickly. For more information on Juvenile Cases In Illinoisa free initial consultation is your best next step. Get your questions answered - call me for your free phone consultation Misdemeanor Sex Crimes. Get Help Now. Close Download Guide Now. Beating Drug Charges In Illinois!It handles four types of cases. Delinquency proceedings involve children minors who have committed an act which would be a crime if committed by an adult.
If allegations of the offense are found to be true, and if the minor is declared a ward of the court, the minor might remain at home on probation under certain conditions and with removal as a possible sanction for probation violation.
Or, a ward can be immediately removed from the home and placed in another setting, which can range from a group home to Juvenile Hall or a county camp, or in the more restrictive State of California Department of the Youth Authority.
Dependency actions involve minors who have allegedly been abused, neglected, or inadequately cared for by one or more parents or guardians. If Juvenile Court jurisdiction is established, the court will then determine whether the minor should be removed from the parent's custody and, if so, what placement would be most appropriate for the minor's needs. These behaviors are not illegal for adults. For example, typical status offenses are truancy cutting school and running away from home.Budget Magic Building FNM-worthy decks without breaking the bank.
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What Are The Common Types Of Juvenile Cases That You Handle?
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