1. Arrest or Citation

The process usually begins when a minor is arrested or given a citation for allegedly committing a crime. The police may release the juvenile to their parents or guardians or take them to juvenile hall for more serious offenses.

2. Intake and Detention Hearing

If the juvenile is taken into custody, an intake officer will review the case to determine whether to release the juvenile or keep them in detention. Within 48 hours, a detention hearing will be held to decide if the juvenile should remain in custody until the next court date.

During the detention hearing, the judge considers factors such as the severity of the offense, the juvenile’s past record, and the likelihood of the juvenile appearing for future court dates.

3. Filing of a Petition

The District Attorney’s office files a petition in juvenile court, formally charging the minor with a delinquent act. The petition outlines the specific offenses the juvenile is accused of committing.

A petition might list charges such as vandalism or assault, detailing the alleged actions of the juvenile.

4. Arraignment

The arraignment is a critical step in the juvenile delinquency process, where the juvenile and their parents or guardians first appear in court to respond to the charges.

Court Appearance

During the arraignment, the court explains the charges brought against the juvenile. For example, if the juvenile is charged with vandalism, the court will hear the specific details of the charge, such as the date and location of the alleged act, and the nature of the property damage.

The court must ensure that both the juvenile and their guardians understand the accusations and the potential consequences.

Legal Representation

At the arraignment, the juvenile is informed of their right to legal representation. If the juvenile’s family cannot afford an attorney, a public defender is assigned to ensure the juvenile’s rights are protected throughout the proceedings.

Plea Entry

The juvenile is asked to enter a plea in response to the charges. The options typically include “guilty,” “not guilty,” or “no contest.”

• Guilty Plea: Example, if the juvenile admits to the vandalism charge, they plead guilty, and the case moves to the disposition phase.
• Not Guilty Plea: Example, if the juvenile denies involvement in the vandalism, they plead not guilty, and the case proceeds to pre-trial hearings and possibly an adjudication hearing.
• No Contest Plea: Neither admitting nor denying the charge but accepting the consequences. This plea is often used in plea bargain situations. Example, the juvenile could plead no contest to the vandalism charge as part of a negotiated agreement that might reduce the severity of the penalties.

Setting Future Dates

After entering a not guilty plea, the judge schedules a pre-trial hearing to address any motions and an adjudication hearing date to determine the juvenile’s responsibility for the alleged vandalism.

Bail and Release Conditions

If the juvenile is in custody, the judge will decide whether to release them and under what conditions. This could include house arrest, electronic monitoring, or release to their parents with certain stipulations. For example, the judge might release the juvenile to their parents with a condition that they attend school regularly and comply with a curfew.

5. Pre-Trial Hearings

Pre-trial hearings provide a platform to:

• Address various legal issues before the case goes to trial
• Streamline the case and resolve any procedural matters
• Facilitate the fair exchange of information
• Potentially resolve the case without the need for a full trial.

The following procedures take place during pretrial hearings:

Discovery Process: During the pre-trial phase, both the defense and the prosecution exchange information and evidence. This process, known as discovery, ensures that both sides are fully aware of the evidence and can prepare their cases accordingly.

Motions: Various motions can be filed during pre-trial hearings. For example, the defense might file a motion to suppress evidence obtained through an illegal search, arguing that such evidence should not be presented at trial. The judge will hear arguments from both sides and make a ruling on the motion.

Plea Bargains: The pre-trial phase often involves discussions between the defense and the prosecution about possible plea bargains. The juvenile might agree to plead guilty to a misdemeanor charge instead of facing a felony trial and serve a lighter sentence such as community service or probation.

Scheduling: The judge will also use pre-trial hearings to schedule the trial and any other necessary hearings. The judge might set dates for additional motions, witness depositions, and the final trial.

6. Adjudication Hearing (Trial)

The adjudication hearing, commonly known as the trial, is the central event in the juvenile delinquency process. Unlike adult criminal trials, juvenile adjudication hearings are typically heard by a judge without a jury. The judge’s role is to determine whether the juvenile committed the alleged offense based on the evidence presented.

The following happens during the trial:

Presentation of Evidence: The prosecution and the defense present their evidence and arguments. The prosecution might present eyewitnesses who saw the juvenile committing the act, along with physical evidence such as fingerprints or surveillance footage. The defense might counter by presenting alibi witnesses or evidence that challenges the prosecution’s case.

Cross-Examination: Both sides can cross-examine the other’s witnesses. For example, the defense attorney might question the prosecution’s eyewitness about their ability to see clearly during the incident or their potential biases. Similarly, the prosecution can question defense witnesses to test the strength of their testimonies.

Judge’s Evaluation: After hearing all the evidence, the judge will consider whether the prosecution has met the burden of proof required for a conviction. If there is reasonable doubt about the juvenile’s guilt, the judge may dismiss the charges.

Verdict: At the conclusion of the adjudication hearing, the judge delivers a verdict. If the judge finds that the juvenile committed the offense, the case proceeds to the disposition hearing. If the judge finds that the prosecution did not meet its burden of proof, he or she will dismiss the case.

7. Disposition Hearing (Sentencing)

If the judge finds that the juvenile committed the offense, the next step is the disposition hearing, which is equivalent to a sentencing hearing in adult court. The focus of the disposition hearing is to determine the most appropriate sentencing or rehabilitation.

Before the disposition hearing, the probation officer prepares a report with recommendations for the judge. This report includes information about the juvenile’s background, the circumstances of the offense, and suggestions for appropriate interventions.

The probation officer might recommend counseling, community service, or placement in a rehabilitation program based on the juvenile’s needs and the nature of the offense.

During the disposition hearing, the judge reviews the probation officer’s report, listens to arguments from the prosecution and the defense, and may hear testimony from the juvenile, their parents, and other relevant parties.

The defense might present character witnesses who can speak about the juvenile’s positive attributes and potential for rehabilitation, while the prosecution might argue for stricter consequences based on the severity of the offense.

8. Probation and Rehabilitation Programs

The juvenile justice system prioritizes rehabilitation over punishment. The judge considers various factors, such as the juvenile’s age, prior record, the seriousness of the offense, and the likelihood of reoffending, to determine the most constructive outcome.

For example, for a first-time offender charged with a non-violent crime, the judge might order probation and mandatory counseling sessions. For more serious or repeat offenses, the judge might consider more intensive interventions like placement in a juvenile detention facility.

9. Review Hearings

The court often schedules follow-up review hearings to monitor the juvenile’s progress and compliance with the disposition terms. The judge can adjust the disposition plan based on the juvenile’s behavior and rehabilitation progress.

For example, during a review hearing, the judge might commend the juvenile for successfully completing community service and adhering to curfew, and decide to reduce the frequency of probation check-ins.

10. Sealing of Juvenile Records

Juvenile records are not automatically sealed. Once the juvenile successfully completes their probation and reaches adulthood, they can petition the court to have their records sealed, making them inaccessible to the public.

Conclusion

That’s it! The 10 steps of juvenile delinquency proceedings in Orange County.

Juvenile delinquency proceedings focus on rehabilitation rather than punishment.

Always work with an experienced juvenile delinquency lawyer for the best outcome in your case or that of a loved one.

Contact us Now.