Juvenile Court Procedures and Rules

Juvenile courts hear criminal cases involving children younger than age 16 but older than age 7 who have been accused of actions which would be considered crimes if they were adults. Older children who commit serious crimes or exhibit violent behavior may be tried as adults in regular criminal court. Juvenile court works on much the same principles as adult court but involves far fewer outsiders in the proceedings.

Juvenile Court Procedures

It is highly recommended and required by some states that children be represented by lawyers in juvenile court. If the family cannot afford a lawyer, the court will appoint one.

Children who have been arrested may be brought before the court immediately or held in a detention center until an available court date is set. When a child and his or her parents or guardians are brought before juvenile court, the first hearings involve learning about the charges and determining if there is enough evidence to proceed with the case. A fact finding hearing is conducted without a jury.

There are no bail hearings in juvenile court. The child is either detained or released into the custody of a responsible adult who guarantees his or her appearance at other court dates.

Various witnesses can be called at any of the hearings in juvenile court. These may include law enforcement officials and child psychology experts, as well as people close to the child who can testify as to previous behavior and actions. If the child has a history of criminal acts, those may be revealed in any new proceedings.

Sentencing and Disposition in Juvenile Court

The hearing where sentencing takes place is called the "dispositional hearing." At this point, the judge hears testimony from experts and probation officers as to whether the child should be confined to a juvenile treatment facility, group home, or other confinement, or whether he or she can be released to the responsibility of parents or guardians.

Conditions of release are set at this time, along with rules the child must follow. This is very similar to the concept of adult probation. The child may be required to pay restitution if property damage was a result of the crime. In certain cases the judge may decide that the child committed the crimes of which he or she was accused but does not require further court supervision. In these cases, the petition may be dismissed at the court's discretion.

Of course, if the child violates any terms of release, a new hearing could be ordered and the judge may decide that the earlier disposition is no longer valid. The child could be subject to further punishments or penalties.

Resources

The State of New York has an excellent informational website which describes how juvenile courts work and what to expect. Each jurisdiction has its own rules and processes, so you must investigate your local courts to learn how juvenile court works in your area. Visit

http://www.nycourts.gov/courts/nyc/family/faqs_juvenile.shtml

for general information only.