GET INVOLVED!

IN THIS PHOTO: From left to right - Kim H., Court Reporter; Heather M., witness

 

Adjudication Hearing

If a juvenile denies the charge and wants a trial, the court will schedule an Adjudication Hearing. The Adjudication Hearing is a trial, where people come to court, take an oath to tell the truth and testify about the charge. The court also can receive documents offered at trial to evaluate the charge.

At trial, the court first hears evidence from the prosecutor. The court then hears any evidence the juvenile wishes to offer, although the juvenile is not required to offer any evidence. The court then hears any additional evidence the prosecutor may offer in response. The court hears closing argument from the prosecutor and juvenile about what the evidence shows. After receiving evidence and hearing argument, the court then decides whether the evidence proves the charge.

In my court, a juvenile does not have a right to a jury trial. Instead, I hear the evidence and then decide whether the charge has been proven. A delinquency trial generally does not last more than an hour or two and I try to decide whether the charge has been proven on the same day trial is completed.

For an Incorrigible, Misdemeanor or Felony charge, the question is whether the charge has been proven "beyond a reasonable doubt." I use the following standard to decide whether a charge has been proven beyond a reasonable doubt:

        "There are very few things in this world that we know with absolute certainty, and the                            law does not require proof that overcomes every doubt. If the evidence leaves the court firmly                convinced that the juvenile committed the offense charged, the burden has been met. If the                  evidence leaves a real possibility that the juvenile did not commit the offense charged, the                      juvenile is to be given the benefit of the doubt and found not delinquent."

If the charge has not been proven by this standard, the Petition or Citation will be dismissed. If the charge has been proven by this standard, the court will find the juvenile incorrigible (for an Incorrigible charge) or delinquent (for a Misdemeanor or Felony charge) and hold or schedule a Disposition Hearing.

IN THIS PHOTO: Judge Samuel Thumma; Mayela T., Translator; Parents

 

The Advisory Hearing

The Advisory Hearing also is designed to make sure that the juvenile knows he or she has certain rights, including:

  • The right to be represented by an attorney.
  • The right to a trial on the charge.
  • That the juvenile is presumed innocent and that the charge must be proven by proof beyond a reasonable doubt.
  • The right to confront and ask questions of people who might testify at trial.
  • The right to call people to testify at trial and use the court's power to bring those people to court even if they did not want to attend.
  • The right to remain silent.

Another purpose of the Advisory Hearing is to make sure that the juvenile knows of possible consequences if the charge is proven beyond a reasonable doubt. Possible consequences can include:

  • Probation, which is court-ordered supervision of the juvenile by a Juvenile Probation Officer. There are three general types of probation: Summary; Standard and Intensive Probation. At a minimum, probation generally includes a direction by the court (called an order) that the juvenile follow parents' rules; obeys all laws; goes to school or work regularly; does not leave Arizona without the advanced permission of their Probation Officer and other requirements.
  • Detention, which is locking up a juvenile in a secure place for up to a year in what some people call "juvenile jail."
  • Committing (sending) the juvenile to the Arizona Department of Juvenile Corrections to be held in a secure place until up to the juvenile's 18th birthday.
  • Other consequences, including unpaid community service hours (work hours); payment of damages caused by the juvenile (called restitution); payment of fines; drug testing; counseling and loss of driving privileges.

At the Advisory Hearing, the juvenile will need to decide whether to admit or deny the charge. If the juvenile denies the charge and wants a trial, the court will set a trial (called an Adjudication Hearing). If the juvenile denies the charge and shows why more time is needed, the judge may set another hearing that is not a trial. If the juvenile wants to admit the charge, the judge will ask the juvenile various questions.

Arizona Law

Under Arizona law, a person who is not yet 18 years old is called a juvenile. When someone claims that a juvenile broke the law, the police or others may investigate. A document claiming that the juvenile broke the law then may be filed with a court.

This article describes what might happen when such a claim ends up in my courtroom in the Juvenile Division of the Arizona Superior Court in Maricopa County.

Charges, Offenses and Notice

A claim that a juvenile broke the law is called a charge. A charge is made in a document given to the court, usually called a Citation or called a Petition. A Citation usually is prepared by a police officer. A speeding ticket is an example of a Citation. A Petition is signed by a lawyer. A Citation or Petition will list the name and address of the juvenile charged with breaking the law, how and where the juvenile is alleged to have broken the law (sometimes called an offense) and other information.

Offenses fall into three general categories listed from least to most serious as follows: (1) Incorrigible; (2) Misdemeanor and (3) Felony offenses. Incorrigible offenses include truancy (not going to school as required); curfew (being out too late) and running away from home. Misdemeanor offenses include disorderly conduct; disturbing the peace; shoplifting; alcohol offenses; some assaults; some drug offenses; some driving offenses and many other offenses. Felony offenses include many drug offenses; car theft; arson; certain assaults; sexual abuse and other serious offenses.

A juvenile can formally learn about a charge (called notice) in a variety of ways. For a Citation, often a police officer will give a copy of the Citation to the juvenile. For a Petition, the juvenile may be contacted by a Juvenile Probation Officer, who is involved even when a juvenile is not on probation. The juvenile also may receive notice of a Petition when the Petition is provided to the juvenile in person, or when the Petition is provided to someone else of sufficient age and maturity who lives with the juvenile.

IN THIS PHOTO: From left to right - Katherine S., Deputy Public Defender; You would sit in the empty seat between the Deputy Public Defender and a parent or guardian; Parents; Mayela T., Translator; Gregory F., Juvenile Probation Officer; Sean C., Deputy County Attorney

 

Conclusion

As stated at the beginning, a courtroom is an unnatural setting for most people and court likely will not be a pleasant thing for most juveniles. This article cannot, and does not attempt to, change that fact. What generally could happen in juvenile court should not, however, be a surprise. This article is designed to make sure that a juvenile has some idea of what to expect when facing a first charge in delinquency proceeding in my courtroom.