JUVENILE DELINQUENCY PROCEEDINGS

A juvenile delinquency proceeding can be scary and confusing, both for the child charged with the criminal offense, and for the child's parents. It is important that the child and his or her parents or guardians meet with an attorney as early as possible in the process, as an adjudication of delinquency can have very serious implications and consequences for the child, both as a juvenile and an adult. Following is a brief overview of how the juvenile criminal justice system works:

Jurisdiction of Juvenile Court:

Most criminal cases in which a juvenile/child (a person under the age of eighteen) is the defendant start out in juvenile court . If the child is under age sixteen, all criminal charges, no matter how serious, are filed (start out) in juvenile court. If the child is sixteen or seventeen and charged with a forcible felony, or a felony level offensive weapon charge, or a felony drug crime involving a gun, then the charge will be filed in adult court.

If the State (the prosecutor -- usually an assistant county attorney) believes that the charge is too serious or otherwise inappropriate to be handled in juvenile court, the State can request that a juvenile who is at least fourteen be "waived" to adult court - there must be a hearing, and the juvenile court judge considers many factors in deciding whether a child should be tried as an adult, including the child's age, the seriousness of the crime, and the possibility for rehabilitation of the child if the matter is left in juvenile court. The judge can only waive a child to adult court IF: the judge determines that the State has established that there are no reasonable prospects for rehabilitating the child if the juvenile court retains jurisdiction over the child, and that waiver of the juvenile court's jurisdiction over the child for the alleged commission of the public offense would be in the best interests of the child and the community.

Just like the State can request a waiver of a juvenile to adult court, a sixteen or seventeen year old who is charged in adult court with a forcible felony or felony level gun charge can request a "reverse waiver" hearing, and ask that his or her case be sent back to juvenile court. The district court judge hears these cases, and would consider the same factors that the juvenile court judge does in determining the appropriate venue to deal with the case.

It is almost always in the best interests of a juvenile to have his or her case handled in juvenile court instead of "adult" (district) court. An adjudication of delinquency in juvenile court is not considered a "conviction" of a crime, and thus normally has fewer long term consequences then a criminal conviction. Often one of the most important things an attorney representing a juvenile will do is work hard to either keep a charge in juvenile court (avoid a waiver to adult court), or attempt to "reverse waive" a charge back to juvenile court.

Note that in a juvenile delinquency proceeding, a child is required, by law, to have an attorney representing him or her at all times. This means that the child's parents must hire an attorney; if the judge determines that the parents cannot afford to hire an attorney, the judge will appoint an attorney (often from the Public Defender's office) to represent the child.

Informal Adjudication:

Sometimes, if the offense is a relatively minor one and the child has had little or no prior contact with the juvenile authorities, the child will be offered the option of "informal adjudication." This usually means that the child meets with a juvenile probation officer, admits (in writing) that he or she did the alleged offense, and agrees to an informal probation period in which certain things are required - usually community service, restitution, and sometimes substance abuse treatment. If the child does what he or she is supposed to do, the matter is dropped, and is never actually filed as a criminal charge - i.e., there's no public record of the matter. If the child doesn't do what he or she is supposed to do, the matter will be referred to the county attorney's office, and a juvenile delinquency petition will be filed. Normally, a child should not agree to an informal adjudication without first discussing it with an attorney , as the child is required to admit his or her guilt, in writing, which can cause problems down the line.

Right to Remain Silent:

Normally, a juvenile SHOULD NOT speak with teachers, friends, police or other law enforcement officers about an alleged crime until he or she has had a chance to discuss the matter with a criminal defense attorney. If a child is under sixteen, any statements he or she makes to police while in custody without a guardian present normally can't be used by the State in juvenile court (i.e., the police aren't supposed to question a child under sixteen without a parent's presence or permission); if the child is sixteen or seventeen, the police are supposed to make a "good faith effort" to contact the child's guardian before questioning a child in custody. The important words here are "in custody ;" there are no rules stopping a police officer from asking questions of a child in the hall at school, or at the park, or at the child's home, and usually anything a child says in these "non-custodial" situations can be used against the child in court.

Often parents feel that it is important for a child to learn to accept responsibility for his or her mistakes, and thus encourage their child to immediately talk to the police and "own up" to any wrongdoing. Unfortunately, unlike admitting to and accepting responsibility for accidentally breaking a vase, confessing to a criminal offense can have huge negative consequences for a juvenile, and can literally change his or her life, usually not for the better. Also, juveniles are often very scared and confused when being interrogated by law enforcement officers, and can end up confessing to something that they didn't do, without even realizing it. For these reasons, it is almost always in the child's best interests to politely decline to discuss any possible criminal activity with law enforcement officer until the juvenile and parents have had a chance to discuss the situation with an attorney. There is nothing wrong or immoral in teaching juveniles that they have rights, and in helping them to fully understand their situation before making any irrevocable decisions. Obviously, one of the worst things that a juvenile can do is agree to talk to the police and then attempt to lie to the police - very few juvenilesare capable of pulling this off successfully, and most kids will just succeed in digging themselves a much deeper hole when the whole story falls apart, which it almost inevitably does, in very quick order.

The bottom line is that (whether you're a juvenile or an adult) politely but firmly refusing to speak to law enforcement officers until you are able to discuss the matter with an attorney is smart and absolutely appropriate; agreeing to speak to the police and then trying to lie to them is wrong and very stupid.

Pre-trial proceedings in juvenile court:

If a juvenile is charged with a serious (felony level) offense, he or she is sometimes picked up by law enforcement authorities and taken to a secure detention center - the equivalent of being arrested and taken to jail. The child will be held in the detention center until the next day, at which time a detention review hearing will be held, and the judge will determine whether or not it is appropriate to allow the child to return home pending the final resolution of his or her case. This is something like a bond review hearing in adult court, and the judge takes into consideration the same type of factors - the seriousness of the charged offense, the age of the child, the child's prior criminal conduct, the ability of the child's parents to supervise the child, and the child's attitude. Normally, the judge is required to allow the child to remain at home on some kind of probationary status (sometimes a "house arrest" arrangement) pending final disposition of the matter unless the judge finds that the child poses a threat to him/herself or the community. If the judge leaves the child in detention, the child's status must be reviewed every seven days - it is fairly unusual for a child to spend more then two to three weeks in detention, unless the crime is a very violent one, or the child simply refuses to obey any rules. An option less restrictive then detention but more restrictive than in-home placement is "shelter care" - this is a group home situation in which there are strict rules, but the child is allowed to attend school and participate in other activities. The juvenile should be warned not to discuss the details of his or her case with ANYONE in any of the facilities, or discuss the case over the phone, or write letters including details of the case -- this can seriously damage the juvenile's lawyer's ability to protect his or her rights.

If the charge is not a particularly serious or violent one, and if the child has little or no prior contact with law enforcement, often the child will just be issued a citation and given a date on which to appear in court - i.e., he or she won't be taken into custody at all.

Note that if a sixteen or seventeen is charged with a forcible felony in adult court, he or she will normally be taken into custody and held in the local county jail. This is not a good situation, as most jails don't have appropriate accommodations for juveniles - they are required by law to be "sight and sound" segregated from adult inmates, which unfortunately often means that the child is put into a one person holding cell, which is usually meant for short term occupancy and is even less comfortable than a normal jail cell. If the case remains in adult court, the child's attorney will normally file a bond review application and attempt to get the child out of jail as quickly as possible; if the child is "reversed waived" back to juvenile court, he or she must be released from jail and becomes eligible for the juvenile pre-trial options set out above.

Trial in a juvenile delinquency proceeding

As with adult criminal charges, the majority of juvenile delinquency proceedings are resolved with a plea agreement of some kind - a child stipulates to the charged offense or some lesser offense in exchange for a specific recommendation of leniency from the State. Another possibility is a "consent decree," which is the equivalent of a deferred judgment in adult court. Sometimes, however, the child is simply not guilty of anything, or is not guilty of the level of offense with which he or she is charged, and/or the State, for whatever reason, isn't willing to offer any type of plea offer. In this type of situation, there is no choice but to go to trial. Note that while it is the job of the child's attorney to determine and advise the child and the child's parents as to when a plea bargain is in the child's best interests, ultimately, an attorney cannot allow a child to plead guilty to a crime if the child insists that he or she didn't do it, even if the evidence appears to strongly indicates that the child did do it, and even if the plea agreement appears to be a good one.

One of the biggest difference between juvenile and adult court is that in juvenile court, a child is not entitled to a jury trial. The case is tried to a juvenile court judge, who makes the ultimate determination of guilty or innocence. Other than this, the rules are basically the same as in adult court - the State must prove that the juvenile is guilty "beyond a reasonable doubt," and tries to do this by calling witnesses and presenting evidence. The child's attorney has a right to cross examine the State's witnesses, and can call witnesses to testify on the child's behalf. The child can take the stand and testify if he or she wishes to do so, but is not required to do so. The judge listens to all of the evidence from both sides and either adjudicates the child delinquent (the equivalent of "guilty"), or dismisses the juvenile delinquency petition (the equivalent of "not guilty").

Consequences of a Juvenile Delinquency Adjudication

If a juvenile is adjudicated delinquent, a "dispositional hearing" (as opposed to a sentencing hearing) will take place approximately four to six week later. A pre-dispositional report will be prepared by the local juvenile probation office, providing the judge with information about the juvenile: his or her family background; education; prior criminal activity, if any; medical, emotional, or psychological problems, and any other information that might be relevant. This report is supposed to help the judge decide the most appropriate disposition for the child.

The goal of the juvenile court system is supposed to be to "rehabilitate" the child, not just punish him or her for the crime. At the dispositional hearing, the juvenile court judge has the following "sentencing" options available:

a. Probation: This is the least restrictive and most common disposition in juvenile court. The child will be allowed to continue to live at home, but will be placed on a supervised probation status. He or she will have to check in with a juvenile probation officer on a regular basis and obey any rules or conditions imposed by the judge or the probation officer; these might include a strict curfew, regular school attendance, substance abuse treatment, mental health counseling, community service work, and payment of court costs and restitution to any victims. If the juvenile fails to comply with the conditions of probation, or commits any new offenses while on probation, he or she is likely looking at an out of home placement. If the juvenile does what he or she is supposed to do, and stays out of trouble, then after a certain period of time the case will be closed, and the child will no longer be on probation.

b. Residential Placement: Sometimes the judge determines that for various reasons, the child simply cannot continue to reside in his or her home and that a more restrictive placement is necessary -- possible reasons for this would be: because the crime for which the child has been adjudicated is a very serious or violent one; because the child has prior juvenile delinquency adjudications; because the child has serious mental health or substance abuse problems that require intensive treatment; because the child's parents are not supportive of the child or will not or cannot supervise the child's behavior at home; or because the child has refused to obey the rules and stay out of trouble while awaiting disposition of his or her juvenile charge. Residential placements cost the taxpayers a lot of money, so judges try to avoid them, but sometimes this is not possible.

There are various types of residential placements, which include:

i. Substance abuse treatment facility: Sometimes a judge will feel that probation is appropriate, but that due to a serious or long term substance abuse addiction, fears that the child will be unable to comply with the rules of probation and abstain from using alcohol or controlled substances. In these cases, the judge might order that the child be placed in a residential substance abuse treatment facility for a period of time in order to allow the child to receive intensive treatment; these programs generally last from thirty to ninety days, depending on the severity of the child's problem and his or her progress. Once the child has successfully completed the program, he or she will then be allowed to return home and placed on some type of supervised probation, with conditions usually including ongoing outpatient substance abuse treatment and regular UAs.

ii. Group Homes: Group homes are a little like boarding schools - the child lives there with lots of other juveniles, and attends school (either at the facility or at a nearby school). There is usually mandatory counseling -- emotional, psychiatric, and/or substance abuse counseling, both individual and group -- targeted to meet a child's particular needs. There is a fairly high level of supervision, lots of rules and regulations, and the child is immediately held responsible for any inappropriate behavior. The juvenile's family can visit, and is normally encouraged and often required to participate in family counseling to facilitate the child's return to the home. The length of time that the child must remain in this type of placement depends on the facility and the child's progress, but usually ranges from three months to no more than a year.

iii. Boot Camp: This is a three month, intensive program for juveniles that would normally be placed in either a group home or Eldora. Much like a military boot camp, the rules are extremely strict, the juvenile spends the entire day following orders and participating in various programming, and visits and contact with family are limited. Some kids love the structure of boot camp and thrive in it; others hate it. Normally, because the bed space is limited, a judge will not place a child in boot camp unless the child passes the boot camp's screening process, and unless the parents support the placement and the child indicates that he wants to participate in the program.

iv. State Training School: Eldora is the state training school for boys; Clarinda is equivalent placement for girls. These facilities are the most restrictive long term placement option available in juvenile court - the closest thing to a jail or prison -- and the judge normally only places a child at the training school if he or she has been adjudicated for a very serious and/or violent crime, and/or if he or she has been adjudicated for prior law violations and has demonstrated a consistent inability to comply with the rules of a less restrictive placement option (e.g., runaway behavior). Depending on the seriousness of the offense, a stay at Eldora or Clarinda usually ranges from six months until the child's eighteenth birthday; if the child is released prior to his or her eighteenth birthday, it is on a "parole" status and he or she will have to obey various rules or risk being sent back.

Other consequences of a juvenile delinquency adjudication:

In Iowa, a juvenile delinquency adjudication is not confidential - newspapers can print the juvenile's name, and the public is entitled to find out about it, and can easily do so by checking with the clerk of court or running the person's name on Iowa Courts Online. Also, once a person turns eighteen, his or her juvenile delinquency record does not magically disappear -- unless a judge agrees to seal the records, they will remain available to the public and to law enforcement agencies forever. This can cause problems with future employment, as some employers simply don't appreciate the distinction between an adjudication and a conviction.

It is important to note that under Iowa law (although not under federal law) a person who is adjudicated delinquent for a felony offense cannot legally possess as firearm, even after he or she turns eighteen - this can provide a serious obstacle to certain careers. Also, a prior delinquency adjudication on some charges (for example, Operating While Intoxicated) can be used to enhance "adult level" criminal charges once the juvenile turns eighteen.

Conclusion:

A juvenile delinquency proceeding is a serious and sometimes complicated matter, and should be taken seriously by the juvenile and his or her guardians. The above synopsis is not entitled to be legal advice, but instead is intended to provide a brief and simplified overview of the juvenile justice system. If a juvenile is a suspect in, or charged with, a criminal offense, an attorney should be consulted IMMEDIATELY, in order to protect the rights and best interests of the child.

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