Juvenile Court Process for Criminal Offenders

What is a juvenile? A juvenile is someone under the age of 18.

What is a juvenile offender? A juvenile offender is a juvenile accused of breaking the law.

What is juvenile court? Juvenile court is where a judge decides what happens to juveniles accused of breaking the law, or whose parents can not care for them, or whose behavior makes them "at risk" or "in need of services." The following pages are about the juvenile court process for juveniles accused of breaking the law (juvenile offenders).

Counties operate the juvenile courts in Washington State and they are follow the same laws. However, even though they follow the same laws, most county juvenile courts have their own way of doing this. To learn how a certain county juvenile court follows the laws and their local court rules you will need to call that county.

Parents and Juvenile Court Note: The term "parent" as used here means the juvenile's parent, legal guardian or custodian. Parents are an important part of juvenile court. Studies show that when a parent goes to a diversion meeting or comes to court, the juvenile has a better chance of staying out of trouble in the future.

Listed at the end of this section are some of the parent's (and the juvenile's) legal rights and responsibilities. These are not all the legal rights and responsibilities for parents whose children are accused of breaking the law. However, the rights listed help ensure parents are told of all their rights and responsibilities.

THE COURT PROCESS

ARREST
To arrest a juvenile, the police must think the juvenile broke the law. Sometimes police must have a court order to arrest.

DETENTION
After arresting a juvenile, the police may refer a juvenile detention. Detention is a jail for juveniles. The referal is made to Juvenile Court Services Probation Counselor who decide if the juveniles should be placed in detention. If a juvenile is placed in detention, a judge must review the reason for arresting the juvenile and there must be a court hearing where the judge decides if the juvenile should stay in detention (See Detention Hearing).

PROSECUTOR'S DECISION
After arresting a juvenile, the police send a report to the prosecutor. The prosecutor is a lawyer who works for the county. The prosecutor reads the report and decides what should happen. If the prosecutor thinks the juvenile broke the law, there are two choices. The prosecutor may "divert" the case (see DIVERSION, below) or the prosecutor may "file an information." (See COURT, below)

DIVERSION
If the prosecutor diverts the case, the juvenile does not go to court. Instead, the juvenile meets with a diversion worker or with an "accountability board." The board is a group of people from the local area. Board members are unpaid volunteers.

The worker or board members talk with the juvenile about what the juvenile did that is against the law. The worker or board then decides what the juvenile must do for breaking the law. The worker or board writes the decision on a "diversion agreement" form.

A diversion agreement may include any of the following: volunteer (unpaid) work; counseling; paying a fine' and paying "restitution." Restitution is money paid to the victim of an offense for what it cost to fix or replace something broken or taken. It can also be the cost of paying for doctor bills if the juvenile hurt a person.

The juvenile must agree to the decision of the worker or board by signing the diversion agreement.

COURT
Informational Filing:
An information is a legal paper that tells the court and the juvenile why the prosecutor thinks the juvenile broke the law. If the prosecutor files an information, the juvenile's case goes to court.

Notice & Summons Service:
After the prosecutor files an information, the juvenile and the juvenile's parent or legal guardian get a legal paper called a notice and summons. This is called "service." the notice and summons tell when the juvenile must come to court for an "arraignment" and what the legal rights of the juvenile are. A copy of the information comes with the notice and summons. Sometimes the notice and summons comes by mail. Sometimes a police officer delivers the notice and summons.

Detention Hearing:
A detention hearing must take place not more than six days after a juvenile comes to detention. Saturdays, Sundays and holidays do not count as part of the six days. At the hearing a judge decides if the juvenile should stay in detention.

If let out of detention, the judge may order that the juvenile follow special rules. Some of these rules are: going to school; going to work; staying home when not going to school or work; or being home during certain times of the day.

Arraignment Hearing:
If the juvenile is not in detention, an arraignment is usually the first court hearing. At the arraignment the judge tells the juvenile of his or her legal rights. The judge also reads the information to the juvenile. After the reading of the information, the juvenile must tell the judge if he or she is "pleading guilty or not guilty."

If the juvenile pleads guilty, the juvenile is telling the judge he or she broke the law. If the juvenile pleads guilty, the judge may then hold a "disposition hearing" or set a time for the juvenile to come back to court for a disposition hearing.

If the juvenile pleads not guilty, the juvenile is telling the judge he or she wishes to exercise their right for a fact-finding (trial). The judge sets a time for the juvenile to come back to court for a "fact finding" hearing.

Fact Finding Hearing:
At the fact finding hearing the prosecutor tells the court why he or she thinks the juvenile broke the law. The lawyer for the juvenile tells the court why he or she thinks the juvenile did not break the law. the judge then decides if the prosecutor has shown that the juvenile broke the law.

If the judge decides the prosecutor has not shown the juvenile broke the law, the judge finds the juvenile not guilty and the case ends.

If the judge decides the prosecutor has shown the juvenile broke the law, the judge finds the juvenile guilty. If found guilty, the judge may then hold a "disposition hearing" or set a time for the juvenile to come back to court for a disposition hearing.

Disposition Hearing:
At the disposition hearing, the judge decides what happens to the juvenile who broke the law. The judge's decision becomes the disposition order. The disposition order may include any of the following: supervision by a probation officer; volunteer (unpaid) work; paying a fine; spending time in detention; and paying restitution. The disposition order may also say that the juvenile must follow special rules during the time he or she is being supervised by a probation officer. In some cases the judge orders that the juvenile goes to a state institution.

Decline of Jurisdiction or Remand Hearing:
Sometimes the prosecutor asks for a special hearing where the judge decides if the juvenile's case should go to the adult court. The prosecutor asks for this hearing when the juvenile is older, the offense is serious and the juvenile has been to court before for other offenses.