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The Juvenile Justice system follows some different procedures and terminology than the adult criminal justice system. However, if you are the victim of an offense committed by a juvenile, you are still afforded the same rights as victims of crimes committed by an adult. The following will briefly outline the Pinal County Juvenile Justice System.
Pretrial Investigation & Petition
As in the adult system, once a crime is reported, the police agency will investigate to determine if there is sufficient evidence to proceed. If there is sufficient evidence, a delinquency complaint/referral (citation), alleging the commission of a delinquent act, is submitted to Pinal County Juvenile Court Services.
Juvenile Court Services will review the case to determine if it is diversion eligible. If the case is not diversion eligible Juvenile Court Services will send the case to the County Attorney’s Office. A delinquent act is an act that would be a crime if committed by an adult. The Deputy County Attorney will review the case to determine if there is sufficient information to indicate the juvenile offender committed the delinquent act, and there is a reasonable likelihood the juvenile will be found delinquent (guilty) at an adjudication hearing (trial).
The Deputy County Attorney may also determine there is insufficient evidence to proceed and either decline the delinquency complaint/referral or refer the matter for additional investigation. Additionally, the Deputy County Attorney may determine the juvenile is eligible for a juvenile diversion program. In that case, the juvenile is referred back to Juvenile Court Services for placement in such a program.
If a petition is filed, it is presented to the Judge. The Judge may order the juvenile to be taken into custody or issue a citation requiring the juvenile to appear in court on a specific date.
Diversion
Diversion is a program coordinated by the juvenile probation department in which a juvenile may accept responsibility for an offense(s) without going through the formal court system. If the juvenile acknowledges responsibility for the delinquent or incorrigible act, the Probation Officer will assign the juvenile consequences that he/she is obligated to fulfill. Such tasks may include but are not limited to essay assignments, apology letters to the victims, participation in Teen Court, paying restitution, completing educational classes and performing community service hours.
Detention & Advisory Hearings
When a juvenile is arrested and taken into custody, he/she is taken to the Detention Center (jail for juveniles). An assessment is utilized, to determine if the juvenile will be held in detention or released. The assessment looks at severity of the charges, history of delinquent behavior, enrollment in school and other factors to determine if the juvenile should be detained. If the juvenile is detained, they are brought before the Court for a Detention Hearing within 24 hours. At the Detention Hearing the Court will determine whether the juvenile should remain in detention. Juveniles may be released at this hearing to their parent(s) or guardian with a promise to return for later court proceedings.
If the juvenile is not in custody, the juvenile and his/her parent(s) will be notified to appear before the court within 30 days for an Advisory Hearing (arraignment). At the Advisory Hearing, the juvenile is informed of the charges against him/her and his/her rights. The juvenile will be asked to enter a plea. Usually at this time, the juvenile will enter a plea of “Not Guilty” and a Non-Firm Adjudication/Pre-Trial Conference Hearing will be set.
Non-Firm Adjudication /Pre-Trial Conference Hearings & Actions
During this stage in the juvenile justice system, the County Attorney’s Office reviews the juvenile’s history and the current crime(s) to determine if the juvenile may or must be transferred to adult court for prosecution.
If the juvenile is at least 15 years old and is a chronic felony offender (has at least 2 separate prior felony convictions) or has committed certain serious offenses, he or she may be automatically transferred to adult court for prosecution. When automatic transfer occurs, the juvenile is treated as an adult and all further court proceedings will take place in the adult criminal justice system. The Deputy County Attorney may also decide to file a motion with the Court to transfer the juvenile to adult court. If such a motion to transfer is filed, a transfer hearing may be held 30 days after filing. If the Court denies or dismisses this motion, an adjudication hearing for the juvenile may occur within 30 days. If the Court grants the motion, the juvenile will be transferred to adult court for prosecution.
Negotiated settlements (plea agreements)
Prior to the Non-Firm Adjudication/Pre-trial Conference Hearing, the Deputy County Attorney may discuss with the defense attorney the settlement of the case by negotiated settlement. A negotiated settlement is commonly referred to as a plea agreement. The negotiated settlement provides that the juvenile will enter an admission (plead guilty) or plead “no contest” to a crime or crimes without trial.
Even though ultimate control over the prosecution of a case rests solely with the County Attorney, the victim has a right to be heard regarding case resolution.
If a negotiated settlement is reached, the attorneys and the juvenile appear before the Judge for a Negotiated Settlement Hearing. The admission of guilt normally occurs at the Non-Firm Adjudication/Pre-Trial Conference Hearing.
A victim, has the right to be present and to make a statement expressing their opinion about the negotiated settlement. The Judge may consider the opinion of the victim when deciding whether or not to accept the negotiated settlement. Once accepted, the Judge will enter a finding of delinquency against the juvenile.
Post-Filing Agreement
Post-Filing Agreements are similar to plea agreements whereas all parties have to agree to accept it. The juvenile is given task(s) that he/she is obligated to fulfill. Such tasks may include, but are not limited to writing an essay about a particular learning experience, write an apology letter to the victims and perform a certain amount of community service hours.
If all parties agree to this the court will suspend the case to allow time for the juvenile to perform these tasks, setting only review hearings to check on the progress. Once the juvenile completes the task the court will have a hearing to dismiss the charges.
Adjudication & Disposition:
If a negotiated settlement is not reached, the case will proceed to an Adjudication Hearing. This hearing is the same as a trial in adult court with the exception that the evidence will be heard only by the Judge. A jury is never used in the juvenile justice system. If the juvenile pleads guilty to the delinquent act, or if the juvenile is adjudicated delinquent (found guilty), the Judge will set a date for the Disposition Hearing. Prior to the Disposition Hearing, a Probation Officer will prepare a predisposition report on the juvenile. This report includes information about the juvenile, the victim, the crime, previous history of delinquency, and a recommendation for a specific disposition (sentence).
At the Disposition Hearing, the juvenile may be ordered to serve time in the Arizona Department of Juvenile Corrections, the Juvenile Detention Center, or given probation and required to meet conditions set by the Judge. If the juvenile is placed on probation and fails to meet the conditions set by the Judge, then the probation may be revoked, and the sentence modified by the court.
A juvenile may be placed on probation or committed to the Arizona Department of Juvenile Corrections for a specified time up until they reach the age of 18.
This is a summary of the steps in the juvenile justice system. If you have specific questions as to issues in your case, please contact the Pinal County Attorney’s Office, Victim Services Division at 1(800) 208-6897 ext. 6813 or (520) 866-6813.