In juvenile court, instead of a jury, a judge decides whether the prosecutor has proven his case beyond a doubt. This happens at an arbitration hearing or a fact-finding hearing, which is the same as a trial. If the judge decides that the prosecutor has proved the case, he will find the minor guilty; Otherwise, the judge will find the minor not guilty. Only a few minors are eligible for a round. Click here for more information on minors eligible for a round. If a minor qualifies for diversion, it is a good option to avoid having a juvenile criminal history for prosecution. If a minor successfully enters into the diversion agreement, no charges will be laid against him or her in this case. The court shall attach the investigator`s report to the request at the pre-trial hearing or to the next hearing date after the report is submitted. The report then forms an integral part of the protocol in accordance with G.L. v. 119, § 24.

The Public Prosecutor`s Office has approximately three working days from the detention hearing to initiate proceedings; otherwise, the appeal will be dismissed. Charges may be laid at a later stage if new information or evidence is developed. The teens arrested in Denver were taken to the Juvenile Services Center (JSC) at 303 W. Colfax Ave. At the JSC, staff conduct an initial screening of the minor and contact parents or guardians to inform them of the arrest. Based on the examination of the personnel, the nature of the offence and the minor`s background, it is decided whether a minor will be released or released prior to the investigation (PTR). The results of this hearing vary according to the nature of each juvenile case. These hearings are often continued (another pre-trial conference is scheduled for a later date) to give lawyers more time to prepare an adequate defence of the case. This is sometimes done to allow time for court-ordered tests or to give the defense attorney time to review the evidence of the charge against the minor.

The minor and his lawyer may also request that a date be set for a plea and an injunction (conviction). If the decision is made to continue the case until trial, a date may be set for a motion hearing at which the defence lawyer requests the exclusion of certain evidence, witnesses or even a motion to dismiss the case in its entirety. When a case goes to court, there is an omnibus hearing and then a “fact-finding hearing,” which is the juvenile version of a trial. This is a hearing during which the minor is informed of the charges against him. If no charges are laid, the action will be dismissed. If charges are laid, the juvenile will receive a motion listing the charges and a preliminary or pre-trial hearing will be scheduled. The minor is invited to plead guilty to what is charged in the petition. Instead of pleading “guilty” or “not guilty”, as someone would in criminal court, a juvenile can admit the charge (plead guilty) in juvenile court, deny the charge (plead not guilty), choose not to deny the charge (no plea of challenge) or deny the senseless allegation. If the juvenile is already on probation for a juvenile offense, there may be a probation violation, which must also be dealt with. This rule specifies that, according to G.L. v.

119, § 24, the investigator`s report is automatically part of the protocol. The investigator`s report is not part of the record and evidence by its physical “fixation” to the request, but by the operation of law. General Laws c. 119, § 24, requires that “the court appoint a person qualified under section 21A to examine the circumstances concerning the child and submit to the court a report under oath, which shall be attached to the application and form part of the minutes”. (emphasis added). Accordingly, the Court of Appeal held that “there is no doubt that section 24 provides for the use of the report by the trial judge.” In re Zita, 455 Mass. 272, 281 (2009) (citing Custody of Two Minors, 19 Mass. App.

Ct. 552, 559 (1985)). See also Custody of Michel, 28 Mass. App. Ct. 260, 267 (1990). (“With regard to family image, the Article 24 report is mainly invoked. This is the meaning of legal language… If the judge decides that the minor should remain in the juvenile court, a hearing is held. If the judge decides that the minor should not remain in the juvenile court, the court rejects the application and refers the minor to the adult criminal court. The district attorney files a complaint to bring the case in an adult criminal court. Then, as an adult, the minor has to deal with all the laws and procedures.

You have the same rights as an adult. And can get the same punishment as an adult. In some cases, the juvenile may serve his or her sentence in the juvenile justice department rather than in an adult prison. Just as in an adult criminal court, the juvenile has the right to remain silent.