For more information about juvenile court, the rights of minors in juvenile proceedings, and how to help if you are the parent of a minor in trouble with the law, get The Criminal Law Handbook: Know Your Rights, Survive the System , by Paul Bergman and Sara Berman Nolo. And you can find an attorney experienced with the juvenile justice system by turning to Nolo's trusted Lawyer Directory. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Grow Your Legal Practice. Meet the Editors. Here's how the juvenile justice system usually treats a youth offender case. How Police Deal With Juveniles There are a number of ways that a minor might come into contact with law enforcement over the alleged violation of a criminal statute.
When Cases Go to Juvenile Court Once the police officer refers a case to juvenile court, a prosecutor or juvenile court intake officer often a probation officer takes over.
In deciding how to proceed, the prosecutor or intake officer will typically consider: the severity of the offense the juvenile's age the juvenile's past record the strength of the evidence in the case the juvenile's gender boys are more likely to be charged than girls the juvenile's social history, and the ability of the minor's parents to control his or her behavior.
Informal Proceedings If the prosecutor or probation officer decides to proceed with the juvenile's case informally, usually the minor must appear before a probation officer or judge. Although no formal charge is entered against the juvenile, he or she will usually be required to do one or more of the following: listen to a stern lecture attend counseling attend after-school classes repay the victim for damages pay a fine perform community service work, or enter probation.
Formal Proceedings: Petitioning the Case If the prosecutor or probation officer decides to proceed formally, he or she will file a petition in juvenile court. If the minor's case remains in juvenile court, one of three things may happen: The minor enters into a plea agreement. The judge then decides what is in the best interest of the juvenile, and may order any number of things as part of the disposition, including: counseling confinement in a juvenile detention facility reimbursement of the victim, or probation.
Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case.
Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Additionally, if you act extremely quickly, you may be able to rectify the situation before the judge issues a bench warrant, which we will discuss below. Sometimes, there is a lag between your absence from the court and the actual issuance of the warrant.
Acting quickly will always help you when it comes to failing to appear in court. There are also a few things you should NOT do after missing a court appearance. A missed court date is not usually something to take lightly. In the state of Florida, failing to appear in court is a crime. If you do not live in Florida but received a citation while visiting the state, it is still imperative that you return to Florida and show up for court.
You cannot ignore a notice to appear in any situation. Missing your court date likely means facing some serious consequences, including the following. Almost immediately after someone misses their court date, a judge will usually issue a bench warrant.
Bench warrants are very similar to traditional arrest warrants, except that they are almost exclusively for a missed court date. It is unlikely to have a bench warrant for any other reason. The crucial thing for you to know is that you may face arrest when you have a bench warrant out against you. If you have any encounter with law enforcement , they have the power to arrest you. Even if they merely pull you over for a broken taillight, if the officer runs your license and discovers your bench warrant, you could go to jail.
It is unlikely that a police officer will come to your house or your place of employment and arrest you. However, this may happen in some situations. This event will usually only occur if the initial charge for which you failed to appear in court was especially severe. Having a warrant out for your arrest can significantly impact your life. Even if an accident prevents you from adhering to your court date, you must get in touch with the court.
Your attorney can appear for you and explain the situation. Neglecting to appear or contact the court can have serious consequences. You could be arrested or charged with failure to appear, which is a criminal offense. If you missed a court date intentionally or the absence was avoidable, you will likely be charged.
A judge or magistrate can issue a bench warrant, which allows them to arrest you for your absence. A bench warrant can be issued whether you neglect to appear in court for a criminal charge, failure to pay child support, violating a restraining order, or avoiding a court summons to testify as a witness.
Therefore, you should document everything related to your absence. When you miss a court date, knowing you have a bench warrant looming over your head can be a scary and stressful experience.
0コメント