The Court Process
Who does the Idaho Juvenile Corrections Act apply to?
People under the age of 18 years who violate any federal, state, or local law or municipal ordinance, with the exception of certain traffic, alcohol, tobacco, and watercraft violations, are processed under the Idaho Juvenile Corrections Act.
What is the difference between the juvenile court system and the adult court system?
The goal of juvenile court supervision is guidance, community protection and rehabilitation. Court activities are intended to find and correct the causes for illegal behavior. In some cases, help from community resources or the Idaho Department of Juvenile Corrections (IDJC) is recommended. Services are offered based on the individual juvenile’s needs.
How does a charge get submitted to Juvenile Court?
Court action begins with law enforcement. When an officer believes a juvenile has broken the law, the officer files a report about the offense. The report is given to the prosecuting attorney to decide if charges (also called a petition) should be filed with the juvenile court.
What is a Petition?
A petition is a written document that asks the court to take action on a certain matter. It will list the specific crime(s) with which the juvenile is charged. A juvenile will not be brought before the court unless a petition is filed.
What happens after the Petition is filed?
Typically, once a petition is filed, a summons is sent to the parents or legal guardian(s) ordering them to bring the juvenile to court for an admit/deny hearing.
At the admit/deny hearing the judge reviews the petition to make sure the juvenile and his or her parents understand the charge(s), as well as their legal rights. If the juvenile and parents or guardians have not received the petition before the hearing, they will receive it at the hearing. The judge will decide if the facts in the petition are true or not.
If the juvenile denies the charge(s), the case is set for a pre-trial hearing and evidentiary hearing (also called a trial, see common definitions).
What happens if the juvenile is found guilty or admits to the charge(s)?
If the juvenile pleads guilty to the charge(s) or if the court finds the juvenile guilty of the crime, the juvenile is considered to be within the purview of the Idaho Juvenile Corrections Act. At that time, the court schedules a disposition (sentencing) hearing.
Before the disposition (sentencing) hearing, a probation officer will schedule an interview with the juvenile and one or both of the parents or legal guardians. The probation officer uses this interview to get as much information as possible about the needs and strengths of the juvenile and their family. This will help the court make useful and fair decisions.
What happens at the Disposition or Sentencing Hearing?
The court has a number of options to consider when sentencing a juvenile. They are as follows:
- The judge may dismiss the case after further review.
- The case may continue until some specific action by the juvenile happens. For example, paying restitution before the case can be dismissed.
- The juvenile may be placed on probation, allowed to remain in the community under supervision terms by the court.
- The juvenile may be placed in a detention center for a specified number of days.
- The juvenile may be placed in the custody of the Department of Juvenile Corrections. Some felony or more serious misdemeanor cases may be transferred to a district court to be processed under adult criminal law.
Some felony or more serious misdemeanor cases may be transferred to district court for processing under adult criminal law.