Juveniles in police custody or under house arrest have the right to a detention hearing the following day. The purpose of this hearing is to enable the court to establish the existence of a probable reason to believe that the child has committed an offence and to establish the need for continued detention. The legal purpose of an indictment essentially consists of two parts: This first hearing date is called an indictment. This is the first opportunity for a minor to admit or deny charges, which is how the juvenile court pleads guilty or not guilty. Often, a rejection is registered with the prosecution so that everyone can investigate the case and decide what to do. Again, time constraints can be tight and the case can go to court very quickly. Data on juvenile charges are stored by the Department of Criminal Justice Information Services (DCJIS) and provided by the Massachusetts Probation Service. Often, when a teen is not detained at the YDC, parents and teens have very little paperwork about what will happen next, which can create a sense of discomfort. The youth`s participation in the distraction program is voluntary. If the youth participates and successfully completes the program, the state will not take any further action in the matter.
If the youth does not pass the diversion program or chooses not to participate in the program, the case will be referred to the prosecutor`s office for further consideration of court proceedings. If an admission of guilt is recorded, the case must be subject to an injunction hearing. If a plea pleads not guilty, the case must go to trial. A written plea of not guilty by defence counsel at or before the indictment waives the indictment. When this happens, a hearing is scheduled by the court clerk and a notice is sent to the defence lawyer. If the minor is brought to the YDC, a detention hearing must be held before a judge within five working days. The purpose of this hearing is for a judge to decide whether the juvenile should remain in the YDC or be released during the trial. There are a number of things that the judge should consider when making this decision, and it is best to have a lawyer who will ensure that all the correct information is presented. If the cub remains in the YDC, the timelines for these cases change very quickly. One of the main differences between adult criminal cases and criminal cases involving minors is that there are many other ways to resolve a case involving minors that do not exist in adult criminal law.
When a person goes through the process of handling a juvenile justice case, it is important to have a lawyer who understands the differences between juvenile court and adult criminal court to ensure that the best outcome is achieved. In the event of a conviction or admission of guilt, the court can choose from three options for a general injunction: The detention centre, managed by DJJ, accommodates minors until a court decision is rendered, ordered or executed. School attendance is compulsory for all imprisoned juveniles. This is not the time to present evidence or argue your case before a judge. If you go to court without a lawyer, the prosecutor will often make you an offer to plead. If you decide not to accept this offer of plea, they will usually tell you that you will come back to a trial another day. National youth admissions have been posted by race, sex and age group for each calendar year since 2017. Arrangement data was provided by calendar year for years 17 to 19 and then by fiscal year beginning in fiscal year 21. Due to the different types of reporting years, the period from January 2020 to June 2020 is missing from these data. The number of charges against Hispanic or Latino youth was not shared with IBC.
Since 2018, minors under the age of 12 can no longer be arrested or prosecuted. (Download the data here Once a law enforcement officer detains a minor for breaking the law, he or she can hand him or her over to either the parent/guardian or the Juvenile Assessment Centre (JAC) where the detention process is initiated. When the minor pleads guilty, he must still go to the judge, the judge must accept the conditions of the plea and may or may not impose additional conditions on the minor. The judge or youth lawyer will ask the young person certain questions to make sure they understand the terms of the agreement and their rights. This is recorded in court, so the teen must speak clearly and respond loudly. If a juvenile on probation violates the conditions/sanctions of probation, a probation violation (VOP) application will be submitted. If the juvenile admits the violation or if the court finds that he or she has violated the probation, the court may revoke, modify or continue the probation and impose any sanctions that may have been imposed at the initial injunction hearing. This means that the court could then hand over the minor to the DJJ, regardless of whether the minor has already been interned or not. What to expect: Proceedings in juvenile courts may be less adversarial and, if the minor has not been charged with a crime, only those with a vested interest in the case can participate. If the law enforcement releases the minor to the JAC, the case will be referred to the prosecutor`s office the same day. The JAC, a central facility of the Department of Juvenile Justice (DJJ), is located at 3400 Belvedere Road in West Palm Beach, west of Congress Avenue. If the charges against the minor are found to be false, the prosecution will be dismissed.
While the transcript shows that a referral to court was made, it will also indicate that the charges against the minor were found to be false. If a minor is admitted to the DJJ by the court, it means that he will participate in a program determined by the DJJ. Programs can be residential or non-residential. Non-residential programs require the teen to live at home and participate in a program during the day. Housing programs require the adolescent to live away from home for a period of months or years. Juvenile court arbitration hearings (trials) are all without a jury, which means that a judge decides the case. The state and possibly the defense will call witnesses and present evidence. There is no doubt as to the standard of proof that the court must establish that the minor has committed a criminal offence. It is an admission of guilt for the crimes. Then the court issues an injunction, which is a juvenile court order that determines what to do with the minor after a court proceeding.
This process is comparable to a sentence in adult court. Read the «Decision Hearing» section below for more information on what the judge can order for the minor.