Filing of Petition

• A juvenile case begins the police receive information and investigate claims made.

• If there is enough evidence to believe that the juvenile committed a crime the information will be forwarded to the juvenile probation office or the prosecuting attorneys office.

• If the prosecutor believes there is sufficient evidence they will file a petition with the family court.

Preliminary Hearing

• This hearing is held in front of a judge or referee.

• The prosecutor must present evidence that there is probable cause toe believe that a crime has been committed by the juvenile.

• The juvenile has a right to bring witnesses and confront prosecution witnesses. The juvenile also has the right to an attorney and to remain silent.

• If the judge or referee finds there is probable cause to believe the juvenile committed a crime, he or she may require that bond be posted. If bond is not posted the juvenile will be detained.

Determination of juvenile or adult court (link to When can my child be charged as an adult)

Adjudication

• If the court proceeds to juvenile court a hearing is held where the juvenile gets a chance to admit or deny the allegations. Juvenile hearings are held in the family division of the circuit court.

• If the juvenile admits the allegations, they are sentenced by the juvenile court.

• If the juvenile denies the allegations an adjudication hearing is held, where the prosecutor has to prove beyond a reasonable doubt that the juvenile committed the offenses charged. The juvenile has a right to a trial by jury.

• If the court proceeds to adult criminal court the juvenile will be treated in the same fashion as an adult that is accused of committing a similar crime. Adult criminal proceedings are held in the criminal division of the district (misdemeanor) or circuit court (felony).

• If the juvenile admits the allegations, they are sentenced by the criminal court.

• If the juvenile denies the allegations, he or she has the right to a trial by jury and to have the prosecutor prove beyond a reasonable doubt that the juvenile committed the offenses charged.

Disposition

• If the juvenile is adjudicated guilty in juvenile court a disposition hearing is held. In juvenile court there are no fixed sentences, and the adjudication is not a criminal conviction. The judge determines the appropriate penalties for the offense. Such penalties can include:

• Release to family with a warning.

• Probation

• Suspended disposition (sentencing at a later date with conditions)

• Treatment

• Foster or group home placement

• Juvenile hall detention

• If the juvenile is found guilty in criminal court the judge sentences the juvenile like an adult. Sentencing can include:

• Probation

• Treatment

• Delayed sentencing (sentencing at a later date with conditions)

• Jail time

Call Daniel Ambrose on his cell phone at (248) 808-3130 or email him at Daniel@ambroselawgroup.com.

Call Jill Duffy on her cell phone at (248) 736-7306 or email her at jill@ambroselawgroup.com.

Related Topics

• The police are investigating my child. What can I do?
• My child has been arrested, what do I do now?
• How does a juvenile delinquency case work?
• When can my child be charged as an adult?
• Common juvenile offenses
• Holmes Youthful Trainee Act