How Juvenile Cases are Handled
Juvenile cases are customarily handled in the magistrate division of the district court.
Usually it’s up to the officer to determine if a Juvenile has broken the law. If the law enforcement officer believes that the law has been broken, it would be up to them to report the offense. The officer at this point can escalate the case to a prosecuting attorney if he believes further action should be taken against the youth.
Once the report has been filed with the prosecuting attorney of the state, and the attorney determines that enough evidence is available to bring the case to court, the attorney will at that point file a petition with the courts to seek further penalties against the youth, this usually results in time spent in youth detention centers, counseling, or community service. The court can also decide if the youth offender should be tried in youth courts, or if the crime is severe enough they may decide to have the youth tried as an adult, where the penalties are much more severe.
If the prosecuting attorney doesn’t file the petition with the courts, the case will not be brought to court and will be dropped resulting in the youth being released from the juvenile detention center.
After the petition is filed it goes to a probation officer who reviews the case and interviews the juvenile accused of the offense along with his parent(s) or his legal guardian. The probation officer at this point reviews the case with the juvenile and their guardian and advises of them of the constitution rights as well as the legal ramifications of the offense and the penalties the youth maybe facing. During this meeting the probation officer answers any questions the youth and his guardians may have and gives them a court date for the initial hearing.
The probation officer also has the authority to determine if a formal court hearing would serve in the best interest of the youth and the public, if the probation officer decides that court cases should be dismissed and it’s best for the youth to be admitted into a community program for rehabilitation, the case can be dismissed. At this point it’s up to the courts to accept or reject the proposal set forth by the probation officer.
Who attends the court cases?
Usually if the case goes to court, the law clerk will be present along with the juvenile’s parent(s) or legal guardians, the youth’s attorney or state appointed attorney. School counselors and other police officer’s may also attend the hearing.