When a child is accused of committing a criminal act, the first step is usually a citation from a law enforcement officer. This is followed by a detention hearing where a police officer determines whether the youth should be released pending a court appearance. In more serious cases, a minor may be taken to juvenile hall and placed in custody until a court hearing can take place.
The Juvenile Justice System
Every state has a juvenile justice system dedicated to handling juvenile offenders. These courts have different rules and procedures than the criminal court system, but they are also governed by the same statutes.
The most basic process for a juvenile case involves the filing of a petition by the prosecutor or probation officer, which states that the person is accused of committing a crime. The prosecutor, often a county attorney, will then ask the court to adjudicate (or judge) the person as a delinquent, making the person a ward of the court.
Once the petition is approved by the judge, a trial will be held to determine whether or not the defendant is guilty of a crime. During this trial, the prosecution will present evidence to support the allegations against the defendant. The prosecutor will also call witnesses to testify about the child’s alleged actions and the circumstances surrounding them.
After the trial, the defendant will enter a plea of guilty or not guilty. The judge will then issue a disposition (sentence) that will either result in the defendant being detained, released, or receiving some other form of punishment.
The sentencing options in the juvenile court can be very broad and may include confinement, counseling, probation, or other forms of community-based punishment. In some jurisdictions, the judge can even order that a child’s record be sealed or expunged from public view.
Probation and Rehabilitative Interventions
One of the main goals of the juvenile justice system is to prevent future crimes by rehabilitating children in the system before they are convicted of a crime. In New York, there are many different types of juvenile probation programs available that may help a juvenile become a productive and law-abiding member of society.
Generally, a juvenile’s probation or rehabilitative program will be overseen by a professional who has expertise in the child’s particular situation. This person will be responsible for the day-to-day management of the juvenile’s case, including attending court proceedings and providing reports to the judge.
A juvenile’s probation or rehabilitative programs will likely include regular counseling sessions with a mental health professional, substance abuse treatment, or other types of behavioral therapy. The program may also require the juvenile to attend certain classes or participate in community service activities.
The juvenile’s family, friends and others are also frequently involved in the case. This makes the prosecution of a juvenile criminal case a very special type of prosecution, requiring an experienced Family Court attorney with knowledge of both ordinary criminal law and the unique issues and dynamics that are at play in a juvenile prosecution.
