The fact that all crimes committed by juvenile courts are reduced to three broad categories (violent, aggravated or minor) may be useful in trying to negotiate an agreement that satisfies both the State and the minor. For example, as long as the circumstances warrant the less serious charge, there is little difference for the purposes of the decision between an assault charge (Class F offence) and a charge of aggravated assault (Class A1 offence), since both offences fall into the category of “serious” offences. But the difference between a crime and misdemeanor can be very important for the young person for other reasons, for example if they remain eligible for school sports. If the reduced charge is not a lesser offense than the original charge in the motion, the prosecutor must file a new application before filing the plea. For more information, see the relevant entry on petitions – gaps and amendments. Juvenile proceedings differ from ordinary adult criminal proceedings. The sentencing of juveniles focuses on the rehabilitation of juveniles rather than punishment. This type of perspective is reflected in the decision hearing, which sometimes provides youth with treatment, rehabilitation or training as an alternative to prison. However, if the judge is still waiting for the probation officer`s social study (which includes the sentence recommended by the probation officer), or if the minor`s parent or minors wish to submit relevant documents that could help to better present the juvenile, the decision will be postponed. Sentencing options at the injunction hearing range from dismissal of the charge “in the interests of justice” to informal probation and obligation to CYO. Punishment options include: Even if the probation officer refers the case to the AD, he or she may let the minor go.
If they leave the minor under home supervision, the minor and his/her parents, guardian or responsible adult must sign a promise to go to court and meet all conditions for release. It`s like informal supervision. However, there may be other conditions, including visiting the probation officer, searching the minor`s home and room, and gathering evidence in the case. If the probation officer decides not to let the juvenile go, the juvenile may not remain in detention for more than 48 hours. Weekends and holidays do not count towards this 48-hour limit. However, a minor may remain in custody longer if the AD files an application or charges in adult criminal court. If a child is removed from the facility, the hearing must be held within 20 days of the result of clear and convincing evidence of the decision. (Pa.R.J.C.P. 1408 & 1510). Just as in an adult criminal court, the juvenile has the right to remain silent. The judge then decides whether what the motion says, the so-called allegations, is true.
There are no juvenile judges. If the judge decides that the request is true, the court will schedule a hearing to decide how the minor should be treated, treated and conducted. If the judge decides that the charge is not true, he will dismiss the motion. No points are awarded for the offence for which an order is issued. However, two points are added if the offence for which an order is ordered was committed while the minor was already on probation. (The probation status of the minor if he has committed previous offences does not result in the award of additional points.) Once the points are added, the minor`s delinquency history is classified as follows: In juvenile criminal proceedings, the “decision hearing” is essentially the punitive part of the trial. The purpose of an injunction hearing is to determine the most appropriate form of treatment or detention for young offenders. The victim has the right to participate in the decision hearing.
The victim may also provide a written statement about the victim`s impact and speak at the hearing. Minors: minors who have reached or have not reached the upper age of the juvenile court of origin. (See Youth population and advanced age of the province or territory.) Joey has no history and does well in school. The judge puts Joey on supervised probation. He may serve the conditions of his probation at home, but only under the direction of a probation officer. But rest assured, the judge cannot continue indefinitely. If the minor is in detention. for example at Los Padrinos Juvenile Hall & Court or Barry Nidorf/Sylmar Juvenile Hall & Court.
the trial must then take place within 10 days of the trial.5 If the minor is imprisoned for a crime, the AD must file the motion within 48 hours. If the minor is imprisoned for a crime, the DA has 72 hours to file the application. There is no deadline for submission if the minor is not blocked.