Probable Cause Hearing

When a juvenile is taken into custody, the first step is intake. The juvenile is turned over to a juvenile court intake officer who investigates the case. The intake officer must decide if there is enough evidence (probable cause) to support the charges made against the juvenile. If a juvenile is detained, parents or a guardian must be notified. Juveniles who are detained are housed in one of the state’s Regional Youth Detention Centers, often known as RYDCs. If the juvenile is detained, a probable cause hearing before the juvenile judge must be held within seventy-two hours. At that point, the judge has three options: (1) dismiss the case, (2) have an informal adjustment, or (3) have a formal hearing.

Adjudicatory Hearing

A date is set for the formal hearing and a summons issued. The summons requires the juvenile, the parents or guardian, and those involved in the charges to attend the hearing. The first part of a formal hearing is the adjudicatory hearing, which is somewhat like a trial. The juvenile judge hears the case against the juvenile and the juvenile’s defense. There is no jury. After listening to all the evidence, the judge decides whether or not the child is guilty of committing a delinquent act. If found not guilty, the juvenile is released. If found guilty, the court schedules a second hearing.

Dispositional Hearing

The second part of the formal hearing is called the dispositional hearing. In this part, the judge determines the punishment for the offense. At this hearing, both the prosecutor and the defense can call witnesses and present evidence that might change the judge’s sentence. The fourth step in the juvenile justice process is the sentencing. As a final step in the process, a juvenile has the right to appeal his or her case. The court has the right to extend its custody or supervision of the juvenile for up to five years.