Juvenile Court
Although the terminology is different, procedures in Juvenile Court are similar to adult prosecutions with some exceptions. For confidentiality, juvenile cases are always heard by a judge, never a jury, and the public is excluded from the courtroom. Victims and advocates are allowed to attend proceedings. Also present, would be the attorneys, a Probation Officer, a court clerk, a court reporter and a security person.

Incident
If a criminal incident involves juveniles, a law enforcement officer investigates, writes a report, and forwards the report to the Juvenile Probation Department for evaluation.

Referral to Probation
If the incident is a felony involving a juvenile age 14 or older, the Probation Department refers it to the District Attorney to determine appropriate criminal charge(s). If the incident is a misdemeanor, a Probation Officer evaluates the juvenile's prior history and the nature of the incident. The matter may then be referred to the District Attorney's office for charges or may be handled by Probation with counseling and a written contract.

Detention Hearing
If the juvenile has been held in custody at juvenile hall since the incident, the Probation Department assesses the situation and makes a recommendation to the court whether the child may be released or should remain in juvenile hall, or put on home detention.

Petition
A "petition" is a document produced by the District Attorney's office listing charges that apply to the incident. It is the same as a "Complaint" in adult criminal court.

Jurisdictional Hearing
At this hearing, the juvenile and his or her parents are officially informed of the charges filed. This is the same as "arraignment" in adult court.

Also, the judge decides whether juvenile court will retain jurisdiction of the matter. The judge may request a "fitness" hearing to determine if the case is unfit for juvenile court and more appropriate for adult criminal court. Factors influencing this are the juvenile's age, personal characteristics, and the type of incident.

If the case remains in juvenile court and the minor has an attorney present, he or she may also admit to or deny the charges at this time. If the juvenile cannot afford a private attorney, a Public Defender will be appointed to provide legal representation at reduced hourly rates.

Contested Hearing
If the juvenile denies the charges in the Petition, a judge will preside over a hearing to examine evidence provided by witnesses, law officers, etc. It is similar to a trial in adult criminal court.

These hearings generally begin at 9 AM and conclude at 5 PM with breaks mid-morning, at lunch, and mid-afternoon.




Opening Statements
First the prosecutor from the District Attorney's office and then the defense attorney present opening statements outlining the case and what they intend to prove. Statements are generally less than an hour in length.

Witnesses
Prosecution witnesses testify first and are then "cross-examined" by the defense. The prosecutor may then "rebut" any issues raised by the defense. Defense witnesses testify next and are cross-examined by the prosecution.

Victims who are testifying in the case, cannot be in the courtroom until their testimony is given and they are excused by the judge. Sometimes, witnesses are "subject to recall," in which case they need to remain available and avoid exposure to other witnesses' testimony.

Closing Arguments
The prosecution gives a closing argument, explaining to the judge how the evidence presented supports the charges. This is followed by the defense attorney who argues the defense viewpoint. In conclusion, the prosecutor gives a final argument.

Adjudication
After all the evidence has been presented and the attorneys have concluded their statements, the judge explains his or her "finding" to those present in the courtroom. If the judge "sustains the petition", the juvenile is held responsible for all or some of the acts charged in the petition. If the judge denies the petition, it means the judge believes the charges were not proven and the juvenile is not held responsible.

Dispositional Report
If the petition is sustained, the judge will request a Dispositional Report from the Probation Department. The assigned probation officer evaluates the juvenile's background, "aggravating" and "mitigating" factors, the impact of the crime on the victim's life and property, and sentencing terms. The Dispositional Report generally takes several weeks to prepare and is a valuable, comprehensive, objective guide for the judge. In certain cases, it will include the results of psychological evaluations performed by a mental health professional.

Dispositional Hearing
This hearing is similar to a sentencing hearing. To decide what the disposition will be, the judge considers oral and written impact statements from victims, statements on behalf of the juvenile, arguments by the attorneys, legal requirements for fixed sentences, and recommendations in the Dispositional report.

Dispositions may include detention, an order that the juvenile and his parents reimburse the victim for financial losses (restitution), fees for probation and rehabilitation services, a fine payable to the Victims Compensation Program, and other penalties. If detention is ordered, the juvenile may be remanded directly to juvenile hall or the California Youth Authority or given a later "report date', depending on various factors.








Welfare and Institutions Code terms

601 - a status offender. The incident is not criminal behavior for adults but is an offense for minors, i.e., truants, runaways, incorrigibles.

602 - criminal offenders. The incident is illegal for any age. Can only be removed from a person's record by petitioning the court and getting law enforcement's approval.

654 - juveniles with minor, first-time offenses who are handles informally with written agreements and up to six months probation.

707B - a juvenile determined "unfit" for juvenile court, whose case will be tried in adult criminal court

790 - A category of first felony offenses
which can result in three years on probation, without detention, and which are eligible for DEJ.

DEJ - Deferred Entry of Judgment. If the District attorney finds the minor eligible and Probation finds the minor suitable, DEJ is an alternative sentence of the court. It consists of one to three years of supervised Probation, and if successfully completed, the incident is automatically expunged (removed) from the minor's record.


How to Testify

Be Truthful
Just tell the facts as you know them, simply and concisely. Don't guess or speculate about an answer, even if you think you should know the answer. If you don't understand a question, ask that it be explained.

Answer Only the Question Asked
The DA will guide you through a sequence of questions, many of which can simply be answered "yes" or "no." Do not try to say everything at once or volunteer information.

Remain Calm and Courteous
Slow down and think before you respond. Being courteous makes a good impression on the court and jury. Wait until a question is finished before answering. Don't try to outwit your questioners or lose your temper because it may diminish the impact of your testimony.

Juvenile Delinquency Court Info

Within confidentiality rules, some case status information is available to victims from the Victim/Witness Assistance Center at 265-1246.