You can talk or testify at your trial like any other witness but only if you want to! You cannot be forced to talk at your trial, since you still have the right to remain silent. You will need to talk to your lawyer before deciding what to do.
If the judge finds that you are not guilty, the case is over and you cannot be prosecuted on those charges again. What happens if I am found guilty? Does it matter if I plead guilty or am found guilty after a trial? If you are found guilty, the judge will decide what your sentence should be. The victim of your crime will have a chance to tell the judge what they want to see happen with your case. They can tell the probation officer, send a letter or come to court and talk.
The judge will listen to the victim, the prosecutor, the probation officer and your lawyer and then decide what the right sentence is. The judge has a lot of options when deciding your sentence. The court can warn you not to get in trouble again and let you go. They could ask you to perform a certain number of hours of community service. They could place you on probation. This is very common. Terms of probation generally range from 3 months to two years. If the court puts you on probation, you can be ordered to pay restitution complete community service, participate in counseling, attend school every day on time and obey house rules.
You can also be ordered to cooperate with a mental health examination. The court can also order you to be involved in fun afterschool activities so that you stay busy and do not get into any more trouble. Many judges order graduated sanctions. This allows a probation officer to change the conditions of probation if you start to have problems and violate your probation without having to go back in front of a judge.
My lawyer says that the judge wants to commit me as a delinquent. What does that mean? If the judge decides that it is not safe for you to live at home because probation services have not worked and you keep on getting in trouble, you could be committed as a delinquent. This means that the Department of Children and Families DCF will take custody of you and you will live and go to school away from home. If you are committed as a delinquent child, a judge can commit you for up to four years if the charge is a serious juvenile offense, SJO, or 18 months for non-SJO offenses.
Some kids who are committed delinquent are sent to residential school or treatment facilities. Residential Programs are not locked and you can earn visits home if you reach certain goals. Sometimes the residential program recommended for you will be in another state. There are no home passes from CJTS. Girls cannot be sent to CJTS. This means that they can ask to keep you longer than your sentence, even if you have not been charged with any new crimes.
The judge who sentences you should talk to you about this at the time you plead guilty. Children who are serving a delinquency commitment might need a lawyer to help them with issues that come up during their sentence. In Connecticut, the lawyer who represented you at your sentencing in required to keep helping you until your sentence is over. Lawyers there specialize in helping kids who have been committed delinquent. What is an appeal? If you are found guilty at your trial and you think the judge made a mistake, you and your lawyer can ask another set of judges to review your case.
This is called an appeal. Your lawyer can argue that the judge made a legal mistake or that there was not enough evidence to prove you were guilty beyond a reasonable doubt. Appeals take a long time and sometimes your sentence will be over by the time your case is heard! If I have any more questions who can I call? Where will my case be heard?
Juvenile delinquency cases are typically sent to the juvenile court assigned to the town where the arrested child lives, not where the alleged crime happened.
If the town where you live does not go to the Hartford, New Haven or Bridgeport juvenile courts and you are being held in detention, you may have your first hearing in front of a judge in the town where you are being held. If you are not released, you will be taken to your regular court on the next court date. Detention If you are charged with a serious juvenile offense SJO , the police can bring you to one of the three Juvenile Detention Centers.
Once you get admitted to a detention center, you cannot be released until your case is heard in front of a judge. That usually happens the next day. If you get arrested over the weekend, you will go to court and see a judge on the next court day -- usually Monday.
You cannot be bonded out on a juvenile charge until after you see a judge. Bail is rare in juvenile court since most of the time children can be released under some type of court order. What if I am charged with something really serious? Can I be sent to adult court? If a child is fourteen years or older and are charged with an offense that is a felony, you could be transferred to the adult court.
Transfer can happen two ways. Automatic If a child is fourteen or older and charged with an A or B felony, the case will be automatically transferred to the adult court. For all other felonies, C. This means the juvenile prosecutor can decide if he or she wants to try to transfer a case to the adult court once a judge has found that there was a reason to arrest you.
Once the case gets to adult court, a child will have a hearing to determine where the case should be heard. At the hearing a lawyer will argue why the case should stay in juvenile court.
The accused child will be held in a juvenile detention facility until a judge decides where the case will be heard. If the judge decides that the case should be handled by the adult criminal court, the child will be moved to the Manson Youth Institution. Rules for your Court Date! You have to be there. If you miss a court date, you could get arrested for failing to appear. The police can use the information to help with the investigation of the case—for instance, talk to another person whom the child reports was involved—but the confession cannot be used to prosecute the child.
If the police arrest a minor or take her into custody and do advise her of her Miranda rights, the minor cannot be required or forced to answer any questions. The police can ask any questions they like, but the child is free to remain silent or to answer some questions but not others. The question of whether a person—adult or child—has been detained or taken into custody can be complex. If police formally arrest the child, place him in handcuffs, lock him in the back of a police car, or place him in a holding cell at a police station, it can easily be said that the child is, in fact, in custody and not free to leave.
If the child is arrested, the police should announce that the child is under arrest. In other less obvious situations, the question is whether a reasonable person in that situation would believe he was free to leave. The United States Supreme Court recently ruled that when considering the admissibility of a minor's confession to police who did not give Miranda warnings, a judge must consider the age of the child in determining whether a reasonable person would have believed he was in custody or not free to leave when he made the confession.
The Court noted that a minor may be more likely to see a police officer as an authority figure and feel required to stay wherever the police officer has approached her. If the police arrest or detain a child and refuse the child's request to call parents or another adult, or to talk to an attorney, there can be more consequences than the child's statements being kept out in court.
The parents could file a complaint with the police department or local government against the officers or department involved. If the situation was particularly serious and the child was physically abused or deprived of food, water, or rest while being interrogated by police, the parents could file a lawsuit on behalf of the child for violation of the child's civil rights. 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.
The arraignment hearing decides how the minor will plead: guilty, not guilty, or nolo contendere I am pleading neither guilty nor not guilty, but I will accept the consequences of the offense s I am charged with. If the minor pleads guilty or nolo contendere, the case will move to a disposition hearing. There, the court will determine sentencing and how the minor will serve the time.
If the minor pleads not guilty, the case will move to an adjudicatory hearing where both sides will argue if the minor committed the crime.
As a minor, their adjudicatory hearing must take place within 21 days of the arrest unless for rare exceptions, in which it must be within 30 days. This will conclude with a disposition hearing. Because the child is a minor, the juvenile justice system does have different procedures in place to afford the minor additional rights and a separate process from adult court. I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner.
While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left.
Six months later, I was wrongly accused as the person who started the fight.
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