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.

Routinely, a juvenile is taken into custody and appears at the Juvenile Assessment Center (JAC). At JAC, the juvenile is evaluated for danger to the community or to himself and in many cases, the parents are notified, and the juvenile may be released. In more serious instances juveniles are taken to the Juvenile Detention Center (JDC) where they are processed and appear shortly thereafter before the juvenile judge.

Under certain extreme situations, due to the severity of the charge and prior juvenile adjudications (convictions), the Court can sentence the juvenile offender to a variety of increasingly severe levels of commitment programs. Similar to the reform schools of distant history, these programs require the juvenile to be committed to the DJJ at a camp or school where the juvenile is securely detained for a period of months or even several years.

At the first court appearance, the child’s charged crime, past criminal history, probation status and other indicators are considered by the Court in determining whether the child is to be detained or released. If detained, the child must remain in secure detention for a period not to exceed twenty-one days. Unless extraordinary circumstances exist, the child will be released without further order of the Court on the 21st day. If the Court determines that the child is not a risk to the community, the child may be released outright to a parent or guardian. The Court may attach conditions to the release status, which include but are not limited to a curfew, continuing school attendance, restrictions on association with other children or alleged victims of the crime with which they are charged. Routinely, this release conditions are to be supervised by the child’s parents.

First time offenders may qualify for one of several diversion programs offered by the Court system. Each program requires the child to give up his/her right to have a trial within 90 days of arrest. Diversion programs require the child to perform various crime specific tasks, including but not limited to, completion of classes, psychological or substance abuse evaluations, community service, letters of apology and supervision by DJJ. At the completion of diversion, the child is rewarded with a dismissal of the pending criminal charges.

If the child fails to complete all requirements of probation, he/she must reappear before the sentencing judge for a violation of probation hearing. If it is proven by a preponderance of the evidence that the child willfully failed to complete the probation requirements, the judge may resentence the child to a more severe punishment than originally given, which may include a short term of incarceration or commitment to a secure juvenile facility.

Upon a finding of guilt (delinquency), the Court may impose a variety of sentences, except for incarceration. These include a judicial warning, probation supervised by DJJ or by the child’s parent or guardian. Conditions may include psychological evaluations, substance abuse evaluations, community service hours, letters of apology, restitution, attendance at school, and completion and or continuation of education.

Just like their adult counterparts, the children are presumed to be innocent until proven guilty by evidence presented by the State. A trial in juvenile court is called an ajudicatory hearing. All of the rules of evidence and criminal procedure apply. However, the children are not entitled to a jury trial. All ajudicatory hearings are conducted by the juvenile judge who rules on evidence and procedure as well as making the ultimate determination of guilt or innocence.