Youth Defense Division

---

If a child is accused of committing a felony or misdemeanor offense that could be committed by an adult, such as burglary or theft, they may be charged in Juvenile Court and alleged to be a delinquent child based on the commission of that felony or misdemeanor offense. 

RETURN TO TOP

If a child is accused of committing an offense that cannot be committed by an adult, such as a being a runaway or truant from school, they may be charged in Juvenile Court and alleged to be an unruly child based on the commission of that offense. 

RETURN TO TOP

If a child is accused of committing a traffic-related offense, such as operating a motor vehicle while intoxicated or operating a motor vehicle without a valid license, they may be charged in Juvenile Court and alleged to be a juvenile traffic offender based on the commission of that traffic-related offense.  

RETURN TO TOP

• All children charged in Juvenile Court automatically qualify for representation by the Public Defender’s Office at no cost, based on their age. If there is a conflict of interest or the Public Defender’s Office is otherwise unable to take the child’s case, the child will be appointed alternative counsel to represent them.
• If a child has been charged with a felony offense, the Public Defender’s Office will automatically be appointed to represent them, unless there is a conflict of interest.
• If a child has been charged with a misdemeanor, unruly child, or traffic offense, then a parent or guardian must call the Public Defender’s Office to request representation for their child. 

RETURN TO TOP

If a child is arrested for an offense and not immediately released to their parent or guardian by law enforcement, a Detention Hearing before the Juvenile Court must be held promptly, and is generally held on the next court day. At the Detention Hearing, the Juvenile Court will determine if the child should be released to their parent or guardian, or should remain in detention pending further court proceedings. The Public Defender’s Office makes efforts to represent as many children as possible at Detention Hearings.  

RETURN TO TOP

If a child is charged with a felony, misdemeanor, or unruly child offense, then a Pre-Hearing is held so that the Juvenile Court can advise the child of the charge(s) against them, advise the child of their constitutional rights in proceedings before the Court, and advise the child of the potential consequences that they can receive. The child must then enter either a plea of “admission” or a plea of “denial” to the offenses, which are the Juvenile Court equivalents of “guilty” and “not guilty” pleas for adults. 

RETURN TO TOP

If a child enters a plea of “denial” at their Pre-Hearing, then the Juvenile Court will schedule their case for a Pre-Trial Conference. This is similar to an adult pre-trial or status conference, and generally serves as a way for the parties to check in with the Juvenile Court and advise the Court of how the case is progressing. It may also be converted into a Change of Plea Hearing if a plea agreement is reached. 

RETURN TO TOP 

If a plea agreement is reached, then the Juvenile Court will schedule the child’s case for a Change of Plea Hearing. The child will then enter a plea of “admission” to the agreed-upon offenses, and the Court may proceed to disposition, or sentencing, right away, or may defer disposition to a later date so that a Pre-Dispositional Report can be completed.  

RETURN TO TOP

An Adjudication Hearing is the Juvenile Court equivalent of a trial. All trials are held before the judge alone, with no jury, except under very specific circumstances. The judge will decide whether or not the child should be adjudicated delinquent, or found guilty, of the offenses, based on the evidence presented at trial. 

RETURN TO TOP

If a child admits to an offense or is adjudicated delinquent of an offense following a trial, then the Court will hold a Disposition Hearing to determine what types of consequences the child should receive. Depending on the severity of the offense, the child’s consequences could include such things as probation, house arrest with or without electronic monitoring, fines, restitution, community service, time spent in a juvenile detention facility, time spent in a juvenile treatment center, or a commitment to the Department of Youth Services.  

RETURN TO TOP