How the Juvenile Justice System Works

The juvenile justice system works differently from the adult court. A child may enter the juvenile justice system after being arrested, or, in some cases, after a referral by school personnel, probation officers, crime victims, or even parents. Skilled and knowledgeable defense lawyers know their way around the juvenile justice system and can navigate through the complex procedures to ensure the fairest possible conclusion.

Informal Disposition

Law enforcement officers are given a good deal of discretion in deciding how to proceed after arresting a juvenile. The officer in charge of the case may decide to divert the matter out of the system, to an alternative program. This decision is made after talking with the juvenile, his or her parents, and the victim. The officer will also review any prior contacts the juvenile has had with the justice system. The U.S. Department of Justice estimates that nearly one-quarter of all juveniles arrested have their cases handled entirely by law enforcement, without referral to court.

Most juveniles who are arrested have their cases referred to court. Experienced juvenile defense attorneys are in the best position to help their clients through the juvenile justice system to their clients and to advise them on the best tactics in a particular case. Approximately half of all cases referred to court are handled informally, within the court system.

Most informally processed cases are dismissed, without any action being taken. In the other cases, the juvenile will agree to follow a set of specific conditions for a period of time. These conditions are usually outlined in a written agreement. That agreement may include conditions such as victim restitution, or paying the victim for property damaged by the juvenile, school attendance and satisfactory grades in school, drug or other types of counseling, community service, or a curfew. Usually, a juvenile will be offered an informal disposition only if he or she admits to committing the act that caused the referral to juvenile court. A probation officer often monitors the juvenile's compliance with the agreement.

In some states, a juvenile may not enter into an agreement disposing of his or her case without first consulting an attorney. Experienced juvenile defense attorneys are in the best position to advise you and your child on such an agreement, and to help negotiate the best agreement possible.

If the juvenile meets all of the conditions of the agreement, the case is dismissed. If, however, the juvenile fails to meet the conditions, the case is referred for formal processing. The case will proceed as it would have if there had been no agreement, or informal processing.

Formal Disposition

If the case is to be handled formally in juvenile court, the prosecuting authority will file one of two types of petitions: a delinquency petition, that requests an adjudicatory hearing (trial), or a petition requesting a hearing on whether the case should be transferred to criminal court. A delinquency petition sets out the allegations against the juvenile, and requests the court to find the youth delinquent. In most states, a finding that a child is delinquent will make him or her a ward of the court.

After the delinquency petition is filed, an adjudicatory hearing is scheduled. At that hearing, witnesses are called and the facts of the case are presented. In nearly all adjudicatory hearings, the judge determines whether the juvenile was responsible for the offense alleged in the petition; in some states, however, the juvenile has the right to a jury trial. A delinquency hearing is not something to be taken lightly. There is a great deal at stake in such a hearing.

Sentencing

Most juvenile sentences, or dispositions as they are usually called, involve some sort of supervised probation. The U.S Department of Justice says that in 1998, formal probation was the most severe punishment ordered in 58% of cases. A probation order often includes additional requirements such as drug counseling, weekend confinement in a juvenile detention center, community service, or restitution to the victim. The probation may be ordered for a specified period, or it may be open-ended, and depend on the juvenile's behavior and progress. Review hearings are held to monitor the juvenile's progress. After all of the conditions of probation have been met, the judge terminates the case.

Residential placement, or confinement in a juvenile correctional facility, is another possible disposition. In 1998, juvenile courts ordered residential placement in 26% of the cases. Residential commitment may be for a specific or indeterminate time period, but a juvenile may not be held in the juvenile justice system past a certain age. The correctional facility may have a secure, prison-like environment, or it may have a more open (even homelike) setting. In many states, when the judge commits a juvenile to the state agency that oversees corrections, the agency determines where the juvenile will be placed and when the juvenile will be released. In other states, the judge controls the type and length of stay. In these situations, review hearings are held to assess the juvenile's progress.

In most states, a juvenile court disposition is confidential, and juvenile files are not available for examination by anyone. In some states, exceptions may be made for juveniles adjudicated delinquent for certain types of offenses.

Conclusion

A child involved in the juvenile justice system faces many of the same challenges that an adult faces in the criminal justice system. The child has the same, if not an even greater, need for competent legal counsel. To make sure your child has competent counsel, turn to an experienced and knowledgeable juvenile defense attorney. When your child's freedom and future are on the line, experience counts.