Juvenile Criminal Case Information
Young adults who were involved in the criminal justice system as minors will experience a different system as adults. While they retain the right to an attorney and privilege against self-incrimination (among others), the juvenile court system focuses more on rehabilitation and usually offers reduced sentencing options. Check out below for more information about what to expect as an adult in the Stark County criminal justice system, and information on juvenile cases.
Compared to the juvenile justice system, the following are some of the changes you can expect when you are tried in an adult court:
- When young people break the law, it is called a delinquent act. The term “crime” is reserved for illegal acts carried out by adults.
- Adult court proceedings often move more slowly and are generally more formal than court cases processed through the juvenile justice system.
- As an adult charged with a crime, you have the right to a public trial by jury. Juveniles go through an adjudication hearing or a private hearing with a judge.
- Adult courts tend to be more strict than juvenile courts and there are typically fewer sentencing options for adult offenders.
- In the juvenile justice system, sentencing is more geared towards rehabilitation, whereas adult courts focus more on delivering punishments that fit the crime.
- Typically, the records for a juvenile case are sealed and can be expunged once the young person enters adulthood.
References
There are some differences between the juvenile and adult court systems, but there are also many similarities. As is the case for juvenile offenders, adults maintain the same rights necessary for fair and just prosecution, including:
- Legal representation regardless of ability to pay.
- Notice of all charges filed against you.
- The ability to cross-examine witnesses.
- The choice to exercise your rights against self-incrimination.
- The need to demonstrate guilt beyond a reasonable doubt.
Reference
https://www.legalmatch.com/law-library/article/juvenile-vs-adult-criminal-system.html
If a child under the age of 18 is charged for a delinquent or unruly offense, he or she will enter into the justice system as a juvenile case. Throughout the proceedings, you may be required to attend meetings, complete forms or visit the court, and the following are some of the common terms you should know:
Police contact/arrest
Police can stop to question a young person as long as they have a good reason for doing so. When law enforcement arrests a juvenile, they can either take them into custody or release them to a trusted adult.
A complaint filed in juvenile court
An alternative to a police arrest is detainment due to a formal complaint. These complaints can be filed by police, school officials (common for truancy claims) or another member of the community.
Juvenile court intake
Intake is the first step in juvenile proceedings. During this process, the intake officer decides whether a charge should be handled by the courts or if the young person should be referred to a rehabilitative community program. Cases that are diverted will have no official court record.
Detention
Once they have been taken into custody, a juvenile is held at a temporary detention center (in Stark County, this takes place at the Stark Attention Center) as the court determines whether or not they should be released or detained.
Arraignment
After it has been determined whether or not the young person will be detained, the courts will present the child with the formal complaints that are filed against them. They will be advised of their rights and asked to enter a plea.
Pleas & plea bargaining
The child facing a juvenile complaint will be asked to submit a plea of either guilty or not guilty. They also have the option to discuss the case with the prosecutor and their attorney to bargain and settle on a mutually-beneficial agreement.
Pretrial
Depending on the local court, a child may or may not have a pretrial hearing. During a pretrial, attorneys typically request a mental health and/or competency evaluation to ensure the juvenile’s ability to participate in the hearing.
Adjudicatory hearing
An adjudicatory hearing gives a young person the opportunity to admit that they committed the act they are being accused of, or to deny and contest the charge in court. The judge or magistrate will rule on the case and set a date for the dispositional hearing. Whether or not the juvenile will be detained during this time depends on the seriousness of the crime and their previous record.
Dispositional hearing
Similar to a sentencing hearing for an adult, the dispositional hearing is where the judge determines the child’s punishment. Many times, a dispositional hearing will be preceded by an investigation into the child, their home life and their performance in school, all in an attempt to get to know the child and provide a fair ruling.
Probation
The judge may sentence the young person to probation, which means they are released back into their home or the community under certain conditions. The child should be provided clear and specific rules to help guide their time on probation.
Transfer to adult court
Young people over the age of 14 can be transferred to the jurisdiction of the adult court. This move is either carried out as a discretionary or mandatory factor, typically as a result of the severity of the crime, the young person’s previous record and a range of other factors.
References
There are some situations where the circumstances surrounding a crime will cause the courts to try a juvenile offender the same as they would an adult. Young people who are tried as adults and convicted will have a permanent record that will follow them throughout adulthood. The following factors may necessitate juveniles tried as adults in the Stark County court system:
- Higher level of maturity or awareness.
- Less willingness to go through treatment or rehabilitation.
- Probation violations or repeat offenses.
- Serious crimes such as murder or other crimes against people.
Reference
https://www.legalmatch.com/law-library/article/when-are-juveniles-tried-as-adults.html