THE ARIZONA JUVENILE COURT SYSTEM



JUVENILE COURT PROCESS

The juvenile justice system functions differently from the adult justice system. Juvenile courts tend to gear penalties towards rehabilitation rather than punishment, cases are decided by judges rather than juries, and records of offenses are generally sealed.

Though the term “juvenile” usually applies to children under the age of 18, there are certain crimes that allow the prosecutor to charge a juvenile as an adult automatically. Juveniles aged 14-18 are potentially subject to answer charges in adult courts for certain violent felony offenses and/or sexual misconduct with minors. Generally, juveniles under 14 will always face juvenile proceedings and not be subject to adult court jurisdiction. Because penalties handed down by adult courts are usually far more harsh than the analogous juvenile penalties, it is important for the defense attorney to work aggressively to keep juvenile defendants within the juvenile system. Children who are put into the system designed for adults often end up remaining within the system for much of their lives.

When a juvenile is accused of a crime, the criminal process is very different. The juvenile crime is called an act of "delinquency" and requires juvenile court intervention to correct the delinquency. Juvenile courts have their own special rules, procedures, and terminology. The following list of commonly used terms in juvenile court shows the correlation to the terminology in the adult system:

Juvenile System Adult System
Delinquent Act Crime
Pre-Adjudication Hearing Pretrial Conference
Adjudication Hearing Trial
Found Delinquent Convicted/Found Guilty
Disposition Sentencing
Detention Incarceration



JUVENILE COURT FAQ's

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What is the Detention Hearing?

When a juvenile is arrested, he or she may be taken into custody. The court will then determine whether or not the juvenile will remain in custody to await a detention hearing. If the juvenile is detained, the prosecutor must determine whether to file charges. Within 24 hours after the detention decision, the juvenile must be taken before a judge for a detention hearing. Ariz.R.J.Pro. 23. D.

Often, juveniles are released at this hearing to their parents, guardian or other person having custody or control of the juvenile, with a personal promise that the juvenile will return to court. However, a juvenile shall be detained if there is probable cause to believe that the juvenile committed the acts alleged in the referral, petition, or complaint, and there is probable cause to believe:

  1. The juvenile . . . will not be present at any hearing; or
  2. The juvenile is likely to commit an offense injurious to self or others; or
  3. The juvenile must be held for another jurisdiction; or
  4. The interests of the juvenile or the public require . . . protection; or
  5. The juvenile must be held pending the filing of a complaint pursuant to A.R.S. § 13-501.
    Ariz.R.J.Pro. 23. D.
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What is the Advisory Hearing?

At the Advisory Hearing, the juvenile is informed of the exact nature of the charges against him. Ariz.R.J.Pro. 28. The juvenile is also advised that he should have an attorney and if he/she cannot afford an attorney, one will be provided at public expense. Normally, a plea of "not guilty" is entered and an Adjudication Hearing date is set. An Adjudication Hearing must be set within 45-60 days after the date of the Advisory Hearing. If the juvenile enters a plea of "guilty" at the Advisory Hearing, a Disposition Hearing date is set or the Disposition Hearing can take place immediately after the juvenile's change of plea. Ariz.R.J.Pro. 29.


What is the Pre-Adjudication Hearing?

After the Advisory Hearing, in preparation for the Adjudication Hearing, the prosecutor and the defense must disclose and exchange information to the other party. This process, called discovery, usually involves disclosure of the police report and any other written information and scheduling interviews with prospective witnesses.

In addition to discovery, there may be court hearings that are scheduled before the adjudication. At these pre-adjudication hearings, motions may be litigated regarding procedure, the admissibility of evidence, pre-adjudication release of the juvenile, or other matters of concern to the attorneys or the court.

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When are Juveniles Transferred to Adult Court?

A.R.S. § 13-501 allows for automatic transfer to adult court if the juvenile is 15 to 18 years old and commits first-degree murder, second-degree murder, forcible sexual assault, armed robbery, or any other violent offense. A juvenile who is at least 14 years old and has two prior felony adjudications in juvenile court may be directly transferred to adult court as a “chronic felony offender” if the prosecutor believes it is necessary in order to protect the public.

As of May 1, 2007, a new law passed giving juveniles more challenges to the automatic transfer of their cases to adult court. A.R.S. § 13-504 sets forth a number of ways in which a juvenile, who has been transferred automatically to adult court under A.R.S. § 13-501, may successfully have his/her case returned to juvenile court.

The main advantage, of course, to having a matter adjudicated in juvenile court, is the nature of punishment. Where the same offense in adult court might expose a juvenile to mandatory prison time, in the juvenile court the focus is much more on rehabilitation. There are very specific, legal guidelines governing the transferring a juvenile case to or from juvenile court. There are currently 10 factors listed in the new law that the judge must consider in determining whether a matter should be handled in the juvenile or adult court.

Keeping a case in juvenile court is crucial in instances of violent felony charges or accusations involving sexual misconduct. It is with these types of offenses, a juvenile would be exposed to potentially long prison terms if the matter charged remains in adult court.

In other cases where the law does not allow filing directly into adult court but the prosecution believes that the juvenile should be transferred to adult court for criminal prosecution, the state will file a motion with the court to request transfer of the juvenile to adult court at the court’s discretion.

A Transfer Hearing may be held 30 days after the date of the Advisory Hearing. If the Motion for Transfer is filed after the Advisory Hearing, the Transfer Hearing may be held 30 days after the filing of the Motion for Transfer.

If the court denies or dismisses the Motion for Transfer, the case remains in juvenile court and an Adjudication Hearing for the juvenile may take place 30 days after the date of the order denying or dismissing the motion.

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Are there Plea Agreements in Juvenile Court?

Yes. Before the Adjudication Hearing, the prosecutor may discuss the possibility of a negotiated plea agreement with the juvenile's defense attorney.

If an agreement is reached, the juvenile enters a plea of guilty as agreed, and signs a form declaring that he/she is knowingly giving up various rights, including his/her right to an Adjudication Hearing and the right to cross-examine witnesses. The judge will decide whether or not to accept the plea agreement. Upon the acceptance of the plea agreement, the judge will enter a finding of delinquency against the juvenile.


What is the Adjudication Hearing?

If a plea agreement is not reached, the case will be set to an Adjudication Hearing for trial. All parties to the case, including the prosecution witnesses and defense witnesses, will testify before a judge.

The prosecution and the defense make opening statements to the judge to explain the case. The prosecutor then presents the case against the juvenile. The State is required to prove "beyond a reasonable doubt" that a delinquent act was committed and the juvenile is guilty of committing the act. To meet this burden of proof, the prosecutor presents evidence and calls witnesses.

After the prosecutor presents the case against the juvenile defendant, the defense has an opportunity to present its evidence. On advice of counsel, the juvenile may or may not testify. As is the case with prosecution witnesses, defense witnesses are subject to cross-examination by the prosecutor.

Following presentation of the defense case, rebuttal witnesses may be called by the prosecutor to discredit statements and facts presented by the defense. At the end of the Adjudication Hearing, attorneys for the prosecution and defense make their closing arguments to the judge. Ariz.R.J.Pro. 29.

After hearing all of the evidence, the judge makes a determination. If he/she decides the juvenile is "not guilty," it means that in the judge's opinion, the State failed to prove the case beyond a reasonable doubt and the juvenile is released. If the judge determines that the juvenile is delinquent, the judge sets a date for the Disposition Hearing. Ariz.R.J.Pro. 30.

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What is a Disposition Hearing?

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 and will also request a Pre-Disposition Report on the juvenile from the Juvenile Probation Department. A Disposition Hearing will be held for a juvenile in custody no later than 30 days after the adjudication of delinquency and no later than 45 days for a juvenile who is not in custody. Ariz.R.J.Pro. 30(A).

In many cases, when either the prosecutor or the juvenile's attorney has strong feelings about the recommended disposition of the juvenile, testimony relevant to the disposition may be heard at the Disposition Hearing. Ariz.R.J.Pro. 30(B).


What Sentencing Options are Available in Juvenile Court?

The juvenile can be assessed a monetary penalty, placed on probation, or sentenced to the Arizona Department of Juvenile Corrections until the age of 18. However, when the court sentences a juvenile to detention, it is usually for a specified term (i.e. six months). Once the juvenile is released, he/she will be on parole under the supervision of the ADJC until they deem it appropriate to end parole supervision. A.R.S. § 8-341.

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Conclusion

It is essential in light of the changes in the law in 2007, to have an experienced attorney who understands what is necessary to present in cases where the prosecutor seeks to have a juvenile answer to charges in adult court. The Gillespie Law Firm, P.C. can handle all of the aspects of the case, including pre-trial investigation, witness interviews, legal research, defense identification, motion practice, plea negotiations, and, if necessary, full litigation at trial. While in many ways the juvenile justice system is different than that of adults, children still have the right to a quality defense. If you chose to retain our law firm, we will provide the highest level of criminal defense representation available.


 
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