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The Juvenile Criminal Process

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The Juvenile Criminal Process A General Process Review including Clerk Responsibilities (for Lake County) By: Sheri Woodruff, Supervisor, Criminal Division, Lake ... – PowerPoint PPT presentation

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Title: The Juvenile Criminal Process


1
The Juvenile Criminal Process
  • A General Process Review including Clerk
    Responsibilities (for Lake County)
  • By Sheri Woodruff, Supervisor, Criminal
    Division, Lake County Clerk of Circuit Court,
    Florida
  • February 26, 2013

2
Confidentiality
  • The most important rule concerning a juvenile
    delinquency case is CONFIDENTIALITY.
  • Only limited persons may view a juvenile case.
    They are listed in F.S. 985.04.

3
Juvenile Euphemisms
  • Taken into custody (Arrest)

4
Juvenile Euphemisms cont.
  1. Detention (Incarceration)
  2. Adjudicatory Hearing (Trial)

5
Juvenile Euphemisms cont.
  1. Disposition (Sentencing)
  2. Adjudicated Delinquent (Convicted of a Crime /
    Guilty)

6
Juvenile Euphemisms cont.
  1. Pick-Up Order (Arrest Warrant)

7
Typical Progression of a Juvenile Delinquency Case
  • Screening A child is screened by the Juvenile
    Assessment Center (JAC)
  • Detention Placed in secure detention
  • 48 Hour Hearing - charged with committing an
    offense of domestic violence

8
How does a case get to the Clerk?
  • A juvenile case is initiated when a referral /
    complaint or arrest report is filed with the
    Clerks Office.
  • Enters information provided into case maintenance
    system, assigning a case number.

9
PETITION
  • A petition is a formal charging document. The
    Office of the State Attorney is responsible for
    filing a petition to formally charge a juvenile
    offender. The State Attorney has 90 days to file
    the petition following an arrest.
  • Clerk prepares and generates a summons.

10
COURT
  • Plea Negotiation Conference (PNC)
  • Role of the clerk in the courtroom
  • Documents responsible for (in Lake County)
  • Ex Waiver of Right to A Lawyer, Plea of Guilty
    or No Contest, Order on Detention Status, Court
    Appoints Counsel

11
ARRAIGNMENT
  • Arraignment is the day the child is required to
    enter a plea to the delinquency petition.
  • There are 3 types of pleas
  • 1. Guilty
  • 2. No Contest and
  • 3. Not Guilty
  • IF a plea of Not Guilty is accepted, the case is
    scheduled for trial according to the judges
    calendar.

12
FAILURE TO APPEAR
  • There are two types of Failure to Appear Orders.
  • 1. Order to Take Into Custody for Screening
    (This directs Law Enforcement to screen and
    release the child with a court date/time to
    appear.
  • 2. Order to Take Into Custody and Hold (directs
    Law Enforcement to detain the child and deliver
    him/her to the detention center where they will
    remain until the next court appearance.

13
ADJUDICATION
  • There are 3 types of Adjudication
  • 1. Adjudicated delinquent (same as guilty)
  • 2. Adjudication withheld
  • 3. Adjudicated Not Guilty
  • The adjudication and type of charge determine if
    the juvenile is to be fingerprinted. The clerk
    advises the court and provides a fingerprint
    sheet to the bailiff.

14
DISPOSITION
  • W.I.L.A. Work in Lieu of Arrest
  • Pre-Trial Diversion
  • Five diversions offered in Lake County
  • Teen Court
  • Teen Drug Court
  • Voluntary Intervention Program (VIP)
  • Neighborhood Accountability Board (NAB)
  • Intensive Delinquency Diversion Services (IDDS)
  • Announcement of No Information

15
DISPOSITION (cont.)
  • Nolle Prosequi
  • Judicial Warning
  • Probation
  • Commitment
  • Transfer
  • Bound-Over / Direct File

16
RESTITUTION
  • Restitution to a victim who has suffered personal
    injury or property damage at the hands of a
    delinquent child.
  • May be ordered by the court as a condition of the
    disposition.
  • If not agreed upon, right to a restitution
    hearing.
  • Coupons provided by clerk (Lake County).

17
HEARINGS
  • The juvenile judge provides his/her court
    calendar to the clerk a year in advance (Lake
    County).
  • The clerk is responsible for setting a hearing
    and notifying the judges judicial assistant and
    counsel via email of hearing date/time (Lake
    County).

18
CONCLUSION
  • The role of the clerk is a vital part of the
    judicial process. It is a key element in the
    criminal justice process and we strive to learn
    our duties and perform them correctly knowing
    that the accuracy and security of the record is
    the Clerks duty and responsibility.
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