Hello, my name is ***** ***** I'm a Legal Expert, I may be able to help you with this question.
OK, from what you've told me, it appears that there has already been a consultation, and you've arrived at the Advisory hearing portion of the Juvenile process. Has your child had an attorney appointed? If not, he is entitled to have an attorney appointed to defend him at his upcoming hearings.
As for the Advisory hearing, here is what is going to go down.
Two decisions will be made at the Advisory Hearing:
- How the juvenile wishes to proceed
- If the juvenile will be released or detained pending the next court hearing
Steps of the Advisory Hearing
- At the beginning of the hearing the court will have all the parties state their name.
- The judge will then ask if the biographical information is correct and if the juvenile waives a formal reading of the charges and a summary of constitutional rights and dispositional (sentencing) alternatives by the judge. (The attorney will answer the questions for the juvenile.)
- The attorney will then tell the judge if the juvenile is denying and setting the matter for adjudication (trial) or admitting.
- If the juvenile admits to some or all of the charges the judge will go over all the juvenile’s constitutional rights and sentencing options.
- If after hearing their rights and sentencing options the juvenile wishes to admit, the juvenile will have to tell the judge what he/she did to be guilty of the charge.
- Next, the judge will make a decision on whether to release the juvenile to live with his parents or detain him/her until the next court hearing.
- The court will consider the juvenile’s recent behavior when deciding whether to detain him/her or release them to their parent.
- If the juvenile has been following curfew, attending school, not using drugs or alcohol and being law abiding, the youth is more likely to be released to his/ her parents.
- However, if the youth is not coming home, using drugs, not attending school and committing crimes in the community or home the child will likely be detained.
- The judge will listen to what the county attorney, parents, juvenile and juvenile’s attorney have to say before deciding whether to detain the child. The judge will then set the next hearing, either an adjudication (trial) or disposition (sentencing).
If the court goes to an adjudication, it is much like a normal trial where a judge listens to the evidence and determines if the party is "guilty" or in this case if the party should be "adjudged delinquent"
If there is a disposition, the judge will simply sign off of an agreement set forth previously.
In my experience, Juvenile parole officers and workers with the court will come to the Juvenile with some sort of "consent decree," which is just an agreement between the parties that the juvenile will do some things before they can be taken off probation. Usually it's some classes or some community service. Given what you've told me about your son, it appears he is a good kid and I see no reason why juvenile probation will not work with him.
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