Following the arrest of the child, paperwork is forwarded by law enforcement
to the State Attorney’s Office. Prosecutors then determine what formal
charges should be brought against the child and are contained in the
charging document called the Petition For Delinquency. The child is
then summoned to return to court to be formally presented with the
charges and is required to enter a plea of Not Guilty, Guilty, or
No Contest. A plea of guilty or no contest results in the child giving
up all control over the outcome of his/her case and places the Department
of Juvenile Justice (DJJ) in the position of making sentencing recommendations
to the Court. Consequently, even if the facts giving rise to the offense
seem to lead to the conclusion of guilt, it is always preferable to
enter a plea of not guilty and seek the advice of an attorney. The
entry of a not guilty plea will lead the Court to set the next pretrial
hearing and trial date. A child has the right at any time in the proceeding
to withdraw his previously entered not guilty plea in return for a
plea of guilty or no contest.
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