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Juvenile Justice System
Arrest
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Judicial
Handling of Cases (cont.) |
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| Arraignment Hearing | |
| About three weeks after a youth is arrested, he/she is required to appear before a judge for arraignment. Juvenile court is held at the new Justice Center Annex at 2000 Main Street Street in Fort Myers in Courtroom A on the 6th floor. The building can be entered from both Dr. Martin Luther King Jr. Boulevard and Main Street. (Note: Youth who are approved for a diversion program and have signed up for the program before the Arraignment Hearing may be notified that they are excused from attending court.) For youth who have not been placed in secure or home detention, the Arraignment Hearing will be their first court date. This is a hearing before the judge where the juvenile is informed of the charges filed by the State. During the Arraignment Hearing, either the youth or his/her attorney is asked to enter a plea of guilty, not guilty, or no contest to the charges. The plea of guilty means that the youth admits to the charges and is willing to accept the consequences of his/her behavior. A plea of no contest means that the youth chooses not to fight the charges and agrees that the state can prove its case against him/her. A plea of no contest has the same legal effect as a guilty plea. Youth who plead guilty or no contest will be given a date for a Disposition Hearing (sentencing). They will also be given an appointment to meet with the Department of Juvenile Justice (DJJ) to discuss recommendations for sentencing. DJJ will prepare a Pre-Disposition Report (PDR), which is a summary of the youth’s background, criminal history, the youth’s attitude about the offense, and family circumstances. It includes a sentencing recommendation for the judge to review. If the youth pleads not guilty, an Adjudicatory Hearing (trial) will be scheduled. | |
| Plea Negotiations | |
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A
youth may change a plea of not guilty at any time. A State Attorney
and a defense attorney may discuss how to resolve a case without a trial. Victims may be consulted regarding any plea offer. Once the youth changes his or her plea to guilty or no contest, there is no trial and the case proceeds to disposition. |
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| Adjudicatory Hearing | |
| The Adjudicatory Hearing is similar to a trial in adult court and often is referred to as a “trial.” In juvenile court there is no jury and the judge decides whether the youth is guilty or not guilty of the offense charged in the delinquency petition. If the youth is found to be guilty, the judge may order the Department of Juvenile Justice to prepare a Pre-Disposition Report. | |