What Happens at an Underage Hearing?

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    Types of Offenses

    • Judge Krygier discusses misdemeanors, the most common types of offenses, that are heard in juvenile courts. These include shoplifting, driving violations, drug-related offenses and status offenses. Status offenses are incidents which would not be considered crimes, but for the age of the alleged offender. Possession of cigarettes or alcohol and truancy fall into this category. For most of these offenses, the accused minor would be given a citation, ticket or notice to appear in court. A minor would not be given a ticket or citation when accused of a felony. He would be arrested and appear at an immediate court hearing to determine if it will be a juvenile court case. The determination depends on the age of the accused, the prior record and the severity of the charges.

    Types of Hearings

    • There are different types of court hearings, explains the Judge. Not all of them require evidence to be presented as in a trial. The accused offender's first appearance in court will probably be for an arraignment, a hearing designed to insure that the accused person is aware of all of her rights and to give her an opportunity to enter a plea.

    In the Courtroom

    • "Juvenile Court: A Judge's Guide for Young Adults and Their Parents" orients the reader to the courtroom environment. The accused minor must be accompanied by a parent or legal guardian. He must dress and behave in a way that demonstrates respect for himself and the court. In addition to the judge, prosecutor, court reporter, clerk and attorneys, probation officers and counselors may be present. There is no jury in juvenile courts. As in adult courts, the burden is on the prosecutor to prove the case against the accused.

    The Court's Decision

    • Judge Krygier discusses the penalties that a minor may face if the prosecutor's witnesses and evidence are more convincing at trial than the defendant's. For a first offense, the judge's intention will be to see that the minor rectifies the situation and receives education and counseling so that she will be less likely to commit the offense again. For example, if the offense was a fight at school, the penalty may include tolerance education, anger management counseling and community service. If the minor continues to offend, the penalties become progressively more severe.

    Juvenile Court Records

    • It is an "urban myth," says the Judge, that juvenile records vanish forever when the person reaches age 18. State laws about confidentiality vary widely. After age 18, a person may request the court to seal or expunge -- erase -- his records. It is up to the court whether or not to grant the request.

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