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What is Juvenile Court?

Most young people under the age of 17 who are charged with breaking the law are tried in juvenile court. Violations of the law are called "delinquent acts" in juvenile court.

In juvenile court, youth are entitled to all the rights given to adult defendants except the right to a jury trial.

Many of the terms used in juvenile court are different than the terms used in criminal court. For instance:

• Youth have "adjudication hearings" instead of "trials,"
• Youth are "adjudicated delinquent" instead of "found guilty," and
• Youth are given a "disposition" instead of a "sentence."

Most youth brought before juvenile court have the right to private, confidential court proceedings. This means that nobody should be in court except for court personnel; attorneys; the judge; the young person who is charged; parents or guardians; and witnesses who must be in court to testify.

Youth have the right to an attorney at ALL stages of juvenile court, even after they are given a disposition. Youth also have the right to rehabilitation and treatment if they are found to be delinquent. In juvenile court, a youth cannot be placed in custody or on probation beyond his or her 21st birthday.

In addition to delinquency cases, juvenile court also hears FINS (Family In Need of Services) cases. Youth who miss school, run away, are "ungovernable" at home, or are alleged to have committed minor delinquent acts may be referred for FINS services. FINS services are targeted toward the entire family and may require the child and parent or guardian to fulfill certain obligations. Many FINS cases are handled informally and without the involvement of a judge. However, if the informal process does not work or a case is more severe, a formal FINS case may be initiated and a juvenile court judge will become involved with overseeing the case and enforcing the terms of FINS probation. Once a FINS case becomes a formal case, the youth has a right to an attorney.

Children who are 14 or older and charged with certain serious and violent crimes can be tried in adult court and can face adult penalties.

Your Lawyer

JRS represents youth in juvenile court. We work with the parents and guardians of our clients, but we do not represent the families of our clients. It is important that JRS staff members are able to have private meetings with our clients. JRS must represent a youthful client as it would an adult client, letting the youth determine the goals of representation.

All contacts that a youth has with his or her lawyer are confidential. Confidentiality is like a secret. When you tell your lawyer something, your lawyer has to keep that a secret, unless you give your permission for the lawyer to tell. That goes for people who work with the lawyer, like investigators, social workers and youth advocates.

When a youth has a lawyer in juvenile court, the youth is the boss. The youth makes the decisions on the case with the advice and information given by the lawyer. It is the lawyer's job to help the youth make decisions and to do the legal work on the case.