How juvenile cases are handled
In a juvenile case, the victim does not bring charges against the accused. A crime is considered a wrong against the State, and the people of the State file charges. The county attorney represents the State, and filing a petition against the juvenile is charging him or her with a crime. In some situations, a law enforcement officer will issue a ticket, also called a citation.
A delinquent act is an act committed by a juvenile that would be a crime if committed by a person over age 18. When a juvenile has been charged with a delinquent act, the legal process is significantly different from the process used for adults.
The juvenile justice system works to treat and rehabilitate juvenile offenders. In addition, juvenile courts move more quickly to resolve cases and provide the accused more privacy than adults charged with similar crimes.
Investigation and charging
A crime committed by a juvenile is investigated like any other crime. After the crime is reported, the officer conducts an investigation to decide if there is enough evidence to prove that the juvenile committed the offense. If the officer believes that there is enough evidence, reports are sent to the County Attorney's Office or a citation may be issued.
Next, the County Attorney's staff will review the information, decide whether the evidence supports charges, and, if so, file charges. If there is not enough evidence, the case may be rejected or returned to the officer for additional investigation.
In some situations, a juvenile may be taken into custody and detained. The police officer may release the juvenile to the custody of a parent or guardian, place the juvenile in a shelter care facility, or continue the detention. The law requires that a juvenile be released from detention unless certain extreme circumstances exist. Most juveniles in detention must come before the court within 24 to 48 hours for a detention hearing. Most juvenile offenders are not detained. They are summoned to court by a mailed notice.
Locations of hearings
The hearings, described on the following page, may take place in different locations. A juvenile offender's arraignment hearing, pre-trial hearing and trial occurs in the county where the crime was committed. The disposition hearing takes place in the county of residence.
At the arraignment hearing, the juvenile will appear in court and be asked to "admit" or "deny" the offense alleged in the petition. Juveniles are entitled to an attorney and may apply for an attorney to be appointed to represent them. An admission is equivalent to a guilty plea. Upon admission, the juvenile's case goes to disposition, either immediately or in the future. A denial leads to a trial.
In some jurisdictions, the judge may order a pretrial hearing to decide issues of law before trial. Citizen witnesses are usually not called to testify at these hearings. The juvenile may admit at this hearing.
In most cases, juvenile trials are held before the judge. However, in some instances a juvenile can request a jury trial. A juvenile offender has the same legal protections during trial as an adult charged with a similar crime. The judge or jury will make a determination that the petition is "proven" or "not proven." If the judge finds that the petition has been proven, the case proceeds to a disposition hearing.
Once the juvenile is convicted by a judge or jury (or enters an admission), a disposition hearing is scheduled. The judge has many options, including a warning, restitution, fines, community service, probation, foster care, out-of-home placement, or detention. The disposition will depend on the offense, the juvenile's attitude, the juvenile's criminal history, or the availability of appropriate services.
Crime victims and juvenile hearings
Minnesota law (Minn. Statutes Sec. 260.155 subd. 1 and Sec. 611A.02) prohibits the public from attending juvenile hearings in most cases. However, the court can grant exceptions to this rule:
- if a person has a direct interest in the case, such as a crime victim;
- if a person has a direct interest in the work of the court; or
- if a juvenile is alleged to have committed an offense or has been proven to have committed an offense that is a felony and was at least 16 years old at the time of the offense.
- a victim has the right to attend the disposition hearing.
If you would like to attend a juvenile hearing, you should contact the Victim Assistance Coordinators in the County Attorney's Office for Court information.
Medical Expenses? Loss of Property? Counseling Expenses? Out-of-Pocket Expenses?
Victims may be eligible for financial assistance from the state if they have suffered economic loss as a result of a violent crime.
Victims can request the court to order the juvenile to pay restitution if the juvenile is found to have committed the offense. Victims may be eligible for emergency financial assistance for the replacement of necessary property that was lost, stolen or damaged as a result of a crime, transportation related to the victim's needs and cleanup of a crime scene.
For more information about your rights or the juvenile court process, contact:
Stearns County Attorney's Office Victim Assistance Coordinators
Administration Center, Room 448
705 Courthouse Square
St. Cloud, MN 56303-4701
Outside the calling area 1-800-450-3880
Hearing Impaired (320) 253-7868
24-hour crisis line 1-877-450-3869