Alaska Court System Self-Help

An officer has different options:

• Release the juvenile with a warning. A warning does not require the juvenile to do anything else.
• Issue a citation. Citations are most common for minor violations, such as traffic offenses and littering. A citation may require the juvenile to either pay a fine or go to court to fight the fine.
• Issue a “Directive to Contact” DJJ which means the matter is referred to DJJ and the juvenile and their family must contact DJJ and a probation officer will decide what action to take.
• The police officer could release the juvenile, but the Division of Juvenile Justice (DJJ) may later file a petition for delinquency. If the court decides that there is enough evidence to support the petition, then juvenile will have an adjudication hearing to decide if the juvenile is delinquent.
• The police officer could take the juvenile into custody and then the DJJ probation officer decides to put him or her into detention or jail based on the severity of the crime. DJJ can later release the juvenile without taking the juvenile to court. The court must hold a hearing within 48 hours after the juvenile’s arrest to decide whether there is probable cause to keep him or her in custody.

A juvenile case usually begins when a police officer refers a case to a juvenile probation officer. The probation officer:

• investigates the crime,
• decides if there is probable cause to believe the juvenile committed the crime, and
• decides if there is enough evidence to prove it (similar to the screening role of the prosecutor in adult crimes). If there is not enough evidence, the probation officer dismisses the case.
• decides if the juvenile should be in detention.

See a flowchart of the full process .

Detention is the short-term facility to confine a juvenile while waiting for a court hearing. It is similar to going to jail in an adult criminal case because the juvenile cannot leave.

Juveniles may go to a detention unit because they:

• have been arrested and are waiting for court decisions, and/or placement,
• face new criminal charges, or
• violated probation conditions.

Juveniles in detention appear in court every 30 days, until released.

While in detention, juveniles are offered programs that include school, recreational activities, religious services, substance abuse education, anger management and life skills development.

The probation officer may decide to:

• file a delinquency petition and move forward with the court process.
• prosecute if there is enough evidence to prove the case,
• do an informal adjustment,
• put the juvenile on informal probation,
• decide that community services would help the juvenile and not move forward with the case, or
• dismiss if there is not enough evidence.

The Division of Juvenile Justice resolves most juvenile cases with an informal adjustment, outside of the court system. Informal adjustment tends to be used for less-serious offenses by juveniles who do not have a significant history of delinquency. An adjustment is used when the probation officer decides there is enough evidence to prove the case, but it would serve the best interests of the community and the juvenile not to prosecute. An informal adjustment requires the agreement of the juvenile and parents. The probation officer may meet with the offender and their family and:

• issue a warning, or
• require conditions for an adjustment:
  • paying restitution to the victim,
  • individual or family counseling,
  • community work service,
  • a diversion program, or
  • refer the case to youth court or to victim-offender mediation.

A large majority of juveniles whose cases are adjusted do not return to the juvenile system.

The probation officer may put the juvenile on informal probation for up to 6 months without going to court, if the juvenile and family agree. It can be extended for another 6 months if everyone agrees. Informal probation is a contract, and the probation officer cannot change it without agreement. The parents and juvenile agree that if he or she violates the conditions of informal probation, the probation officer can take the original charges to court.

There are 3 stages in a delinquency case:

• pre-adjudication which includes court hearings that happen before the court decides if the juvenile committed the offense. It includes the arraignment and can include a detention hearing and evidentiary or status hearings;
• adjudication which is when the prosecutor will try to prove the juvenile committed the offense by presenting evidence, and the judge or jury will decide if the juvenile is delinquent or not; and
• disposition which is when the judge decides the consequences for a juvenile who is found delinquent.

The juvenile, his or her family, and the lawyer have many decisions to make, including:

• Do you want to admit that you committed the offense you are accused of?
• Do you want to accept a plea deal the prosecutor offers to reduce the charges against to a less serious offense, or to recommend a lesser punishment if you admit that you committed the offense you are charged with?
• Do you want your case to be decided by a judge or a jury?
• What witnesses do you want to testify for you?
• Do you want to testify yourself? What will you say if you testify?
• Do you want your adjudication to be open to the public or closed to everyone except the victim?

It is really important that juveniles talk to their lawyers and parents or guardians to make sure they understand the consequences of each decision. Sometimes there are special court hearings about one or more of these issues. There are also status hearings about routine things, such as whether the lawyers are ready and what date the adjudication will occur. Juveniles have the right to attend every court hearing about their case, but may not have to be there if they don’t want to be in person. Juveniles should talk to their lawyers about whether it is necessary to be in court.

The first time the juvenile appears in court is called an arraignment, an advisement, or an initial hearing. At an arraignment, the judge will tell the juvenile what crime he or she is accused of committing, and explain their rights. The juvenile must respond to either admit or deny the charges. This is like pleading guilty or not guilty in adult court. Most juveniles with their lawyer’s advice deny the charges. The juvenile can change their plea later.

If the juvenile cannot afford a lawyer, the court will usually appoint one at the arraignment. If a juvenile can afford a lawyer but doesn’t have one yet, the juvenile can ask the court for a reasonable amount of time to find a lawyer before deciding anything such as making a plea. The court may also appoint a Guardian Ad Litem if the court needs a neutral party to make recommendations about the juvenile’s best interests.

After a juvenile has their first court hearing before adjudication, the court can order conditions of conduct to follow. These may include: obeying all laws, remaining in school, not drinking alcohol, doing drugs, and others. A probation officer will:

• design a case plan,
• monitor the home placement,
• provide counseling and other services,
• set restitution payments, and
• report violations to the court.

If the court keeps the juvenile in detention after the arraignment, the juvenile will have a detention review hearing every 30 days or less. At the hearing the judge will decide if the juvenile should stay in detention until the next hearing but no longer than 30 days without a review. The judge will consider:

• the seriousness of the offense the juvenile is accused of,
• whether keeping the juvenile confined is necessary to protect the victim or the public, and
• how likely it is that the juvenile will run away or not show up for court hearings if released.

If the court decides to release the juvenile, he or she may be released to their parents’ or guardian’s custody or to Division of Juvenile Justice‘s custody. The court will also set conditions of release for the juvenile to follow. The juvenile will go back to detention if he or she doesn’t follow the conditions.

The probation officer may decide that the case requires a formal court process called an adjudication of delinquency. The adjudication process is designed to create a court record of the offense and to get greater control over the juvenile’s behavior. The probation officer files a delinquency petition with the court. Probation officers must file petitions in serious felony cases and in cases where the victim has lost so much that the offender will need a long time to make restitution. In some cases, the probation officer also may petition the court to open the adjudication hearing to the public.

In some cases, juveniles accused of crimes have conflicts with their parents or have no adult who can help them protect their interests. In addition to the juvenile's lawyer, the judge may appoint a Guardian Ad Litem (GAL) to make recommendations in the juvenile’s best interests. GALs:

• investigate the offense,
• determine the juvenile’s needs,
• try to resolve the problem,
• advise the juvenile, and
• argue for the juvenile’s best interests to the juvenile probation officer and to the court.

Because the GAL advocates for the juvenile’s best interests, sometimes what the GAL thinks is best for the juvenile is different than what the juvenile wants. The Office of Public Advocacy Child Advocacy Unit hires some GALs; the court contracts with others.

Once the probation officer files a petition for adjudication, there will be an adjudication hearing in Superior Court. At the adjudication hearing, the judge or jury will decide whether the juvenile is delinquent or not delinquent. The prosecutor tries to prove beyond a reasonable doubt that the juvenile committed the offense he or she was charged with. Any victim of the offense also has a right to testify or state what happened. The judge will talk to the people concerned, look at evidence and results from any screenings or assessments that have been done, and consider the juvenile’s history. The adjudication hearing is not open to the public unless DJJ or the juvenile requests it and certain criteria set out in the law are met.

If the juvenile is found delinquent, which is similar to a guilty verdict, the judge will order an outcome for the case. This part of the case may be held separately and is closed to the public. The judge may order probation, institutionalization, or hold the charges in abeyance.

The juvenile has a right to a jury in the adjudication hearing. It is up to the juvenile to request the jury and most cases that have an adjudication hearing have juries.

The presumption of innocence means that the court presumes the juvenile is innocent. During adjudication, the state has the burden of proving beyond a reasonable doubt that a juvenile committed an act of delinquency. The prosecutor must present evidence that proves the juvenile committed the offense. The fact that the juvenile is accused of something, or that the police have investigated does not prove the juvenile is guilty. If the prosecutor does not have enough evidence to prove the juvenile committed the crime, the juvenile does not have to present any evidence at all. The juvenile has the right to present evidence that supports their defense, and in most cases, will do so.

The probation officer may recommend that the juvenile participate in a diversion program which is an out-of-court process, such as:

• adjustment,
• informal probation,
• referral to community panels such as youth court, or
• dismissal due to not enough evidence.

Diversion serves many important purposes:

• helps low-risk juveniles who are unlikely to re-offend avoid the stigma and stress that can result from delinquency adjudication,
• provides opportunities for community partners and victims to take more active roles managing low-risk juvenile offender,
• reduce probation caseloads which allows DJJ. to use its resources and staff time for more serious offenders, and
• is much lower cost and faster than the formal, adversarial court process.

There is a court process where the juvenile, his or her parents, and the lawyer if there is one, agree to a formal diversion agreement that will last up to 12 months. If the court accepts the diversion agreement, it will not record a plea, and will delay any further hearings.

The Probation Office will assign the juvenile to a diversion program. The probation officer will directly supervise the juvenile and make sure he or she is meeting the program requirements. When the juvenile successfully completes the diversion agreement, the probation officer will request that the court dismiss the original adjudication petition. If the juvenile violates the agreement, the probation officer will go forward with a formal hearing, as if the diversion never took place.

At adjudication, the judge may make a ruling, but decide to delay requiring the consequence like probation or institutionalization to allow the juvenile the chance to meet some conditions. The court may hold the case in abeyance for up to 1 year, allowing the juvenile to complete conditions like paying restitution and staying out of trouble. If the juvenile satisfies the conditions the court won’t require probation or institutionalization and can dismiss the case.

If a juvenile does not satisfy the conditions outlined by the court, the adjudication would be entered and the juvenile would go through the disposition process, which could result in being placed on formal probation.