COURT PROCESS

The Juvenile Court Process

According to the Juvenile Corrections Act , except for certain traffic alcohol , tobacco , and watercraft violations , people under the age of 18 years who are found to have violated any federal , state , local law or municipal ordinance are set under a separate process which is classified as a juvenile case . These cases are handled in the magistrate division of the district court (Juvenile Services , 2007 . The process begins as follows

Filing of case

Based on the law , only a law enforcement officer who has found that a

juvenile has broken a law can a case that would bring the offender to court . The officer then s a report regarding the offense made which would be reviewed by a prosecuting attorney who , in turn , would determine if there is enough evidence to a petition before a court A petition is the actual document or charge against the offender which would bring him to court for actual trial . After the petition has been d , a probation officer speaks with juvenile and his or her parents or guardian and tell them about the juvenile 's charges and his constitutional rights

If the probation officer finds that an actual court trial would not be in the interest of the juvenile or the public , then he may recommend to the judge that the case be dismissed . The judge may approve or reject the recommendation (Juvenile Services

Rights of a juvenile offender

Once arrested

The juvenile has the right to remain silent as anything the he or she says can be used against him or her in a court of law

The juvenile has the right to talk to a lawyer and the right to have an appointed lawyer if he or she cannot afford to hire one . The juvenile has the right to have a lawyer present when being questioned

At any given time , the juvenile can decide not to answer any questions or make any statement

If the juvenile is under 12 years of age , only his or her parent guardian can wave the above rights (Juvenile Services , 2007

In detention

The juvenile and the parent , if non-English speaking , have the right to be provided by the court with an interpreter

The juvenile has the right to be released from detention unless there is

- A "probable cause " determination within 48 hours of being detained

- Information that would incriminate him or her which is d within 72 hours of being detained or the detention hearing (Juvenile Services 2007

When going to court

The juvenile and the parents have the right to be informed before they are summoned to court

Parents have the right to be present at all court hearings of their child

Parents may have to pay for the costs of court appointed lawyers detention , and for the costs if the juvenile goes to a state institution (Juvenile Services 2007

The Juvenile court team

Basically , the juvenile court team is composed of the judge , who generally decides...