The Juvenile Criminal Process A General Process Review, including Clerk Responsibilities By: Sheri Woodruff, Senior Clerk Lake County Clerk of Circuit Court March 2016
Confidentiality All juvenile cases are confidential. Only limited persons can view a juvenile case 985.04 Oaths; records; confidential information.
Euphemisms Offense or Delinquent Act (instead of Charge/Crime )
Euphemisms cont. Taken Into Custody (instead of Arrest ) Detention (instead of Incarceration )
Euphemisms cont. Adjudicatory Hearing (instead of Trial ) Disposition (instead of Sentencing )
Euphemisms cont. Adjudicated Delinquent (instead of Convicted of a Crime / Guilty ) Custody Order or Pick Up Order (instead of Arrest Warrant )
Typical Progression of a Juvenile Delinquency Case Screening Process a juvenile is screened by the Juvenile Assessment Center (JAC), a part of the Juvenile Justice or DJJ as we refer to it. The preliminary decision is made by the JAC personnel as to whether or not to place the juvenile in secure detention or release the juvenile to the parent/guardian. Detention Placed in secure facility at time of arrest 1st appearance 48 Hour Hearing charged with committing an offense of domestic violence who does not meet the criterial but may be held in secure detention if the court makes a specific finding(s) and no alternative placement is available.
Case Initiation Complaint (arrest report) DJJ will file a Recommendation (a course of action) to the State Attorney based on their assessment of the juvenile s offense and history.
Detention Home Detention (Similar to House Arrest) for up to 21 days the juvenile is required to be at home, work, or school under adult supervision. Secure Detention remain in custody
Petitions Formal Charges The Office of the State Attorney is responsible for filing a Petition to formally charge a juvenile offender. They have 90 days to file following an arrest. The charges for which the juvenile is arrested may or may not be the same charges they face when a formal petition is filed. Summons is generated by the clerk.
Court Clerk s Role Plea Negotiation o Provide the court with information such as future court dates, advising if the juvenile offender was served with a summons or not, or other information requested by the court. Courtroom - o record the findings of the court for each case; o receive other documents provided to the court to be filed with the clerk; o Provide documents to the court if applicable. Some forms are given to the juvenile/parent and the judge to sign and returned to the clerk to be filed in the court file. Examples: Waiver of Right to a Lawyer, Plea of Guilty or No Contest; o Provide a copy of the Order on Detention Status to DJJ and the Detention Center before leaving the courtroom.
Types of Hearings 48 Hour Hearing Detention Review Hearing Arraignments plea Guilty, No Contest or Not Guilty to the petition. Change of Plea Sentencing Trial Violation Hearings (Violation of Community Control, Violation of Diversion, Violation of WILA (Work In Lieu Of)) Motions Restitution Review/Hearing Judicial Review Rule to Show Cause Petition for Parental Sanctions
Arraignments Three types of pleas at Arraignment: 1. Guilty 2. No Contest (or Nolo Contendere) 3. Not Guilty If the juvenile pleads guilty or nolo, the case will be continued to a later date for disposition. If a plea of Not Guilty is accepted, the case is scheduled for trial.
Warrants (Custody Orders / Pick-Up Orders) There are two types of Failure to Appear Orders: 1. Pick Up and Screen 2. Pick Up and Hold The Violation of Probation is referred to as: Order to Take Into Custody
Adjudication The adjudication and type of charge determines if the juvenile is to be fingerprinted. Adjudication 3 types: 1. Adjudicated Delinquent (same as guilty) 2. Adjudication Withheld 3. Adjudicated Not Guilty
Dispositions Announcement of No Petition Nolle Prosequi Judicial Warning Probation Commitment Transfer Bound-Over / Direct File Pre-Trial Diversion
Disposition Order
Diversion Programs for (Lake County) Teen Court Teen Drug Court Voluntary Intervention Program (VIP) Juvenile Diversion Alternative Program (JDAP) WILA (Work in Lieu of Arrest)
Trials The Clerk s Role All are Non-Jury Trials In the Courtroom electronic monitors, controls, phone, etc. Court sheet, Chronological Summary of Proceedings, Fingerprint Sheet Evidence labels and log Return of Evidence
Commitment if found Incompetent Packets are prepared to the DCF Mental Health Program Office for processing. Included in the packets: Commitment Orders/Order Adjudicating Juvenile Incompetent to Proceed and Commitment to Department of Juvenile Justice Petition Complaint/Arrest Report Related Court-Appointed Evaluator s Reports Report to MECOM (FDLE Mental Competency database)
Commitment to DJJ Residential Facility Order Adjudicating and Committing Youth to the appropriate level of commitment/placement based upon youth identified risks and needs. There are different levels of restrictiveness o Non Secure (low/moderate) o Secure (high/maximum)
Juvenile Infraction/Sexting Cases Clerk s Responsibility: Enter the case in our case maintenance system. Track the case if the juvenile offender decides to pay or complete community service hours in lieu of a court appearance. If fail to comply, the clerk will obtain a court date from the judicial assistant and send out a Notice to Appear. Set case for a mandatory court appearance.
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 Clerk s duty and responsibility.
Questions