An adjudicatory hearing is the juvenile court equivalent of a criminal trial. When a juvenile (typically a person under the age of 18, though some people under 18 can be charged as adults) is accused of a crime, the juvenile is not subject to the same criminal justice system that an adult would. Instead, juveniles go through the juvenile justice system. Though there are similarities between the juvenile justice system and the criminal justice system, there are some significant differences as well.
In the eyes of the law, juveniles do not have the same mental capacities as adults. They are unable to enter into binding agreements, grant consent, or, more generally, exercise the same decision-making abilities that adults do. When a juvenile commits a crime, the juvenile court and prosecutors have the ability to take actions that are typically not available in an adult criminal court.
Juveniles who are accused of committing a crime do not always have to go before a court in an adjudicatory hearing. The adjudicatory hearing represents the final option in the juvenile justice process, and is typically usedonlyin the most serious cases. Prior to that, the police, prosecutors, and the juvenile court can use alternative measures to ensure the juvenile is punished or rehabilitated. Some of those measures include:
If the prosecutors believe that an adjudicatory hearing is appropriate, they will file formal charges against the juvenile. The court will then begin the adjudicatory hearing process. Like the criminal process, this typically involves an initial hearing where the prosecutor formally charges the juvenile, as well as an evidentiary hearing where the court determines if there is enough evidence to prove that the juvenile committed the offense.
Unlike most criminal trials, adjudicatory hearings are typically held only in front of the judge, not a judge and jury. During the hearing the prosecutor must present evidence to show the juvenile committed the offense. The accused juvenile will also have a defense attorney who can present evidence and defend against the claims made by the prosecution.
If the court determines that the juvenile committed the offenses, it will declare the juvenile delinquent. Once the court finds that the juvenile is delinquent, it will then make a dispositional ruling. A disposition is very much like a sentence in a criminal case.
Depending on the circumstances of the crime and the laws of the state, a disposition could include a fine, restitution for damaged property, probation, confinement to a juvenile detention facility, probation, community service, or other penalties as the court deems appropriate.
Juveniles accused of a crime have the right to be represented by an attorney. Even though the juvenile justice system is not the same as the criminal justice system, anyone accused of crime needs to talk to a criminal defense attorney as soon as possible. Whether you are a juvenile accused of a crime, or that juvenile’s parent or guardians, talking to an attorney in your area who understands how the local juvenile justice courts and prosecutors work is the only way to ensure that your rights are protected.