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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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