Steps of the Adult Pre-Trial + Trial and Juvenile Justice System

Arrest

enough evidence to be taken into custody

Booking

law enforcement officer makes an arrest report and suspect is held in local jail

Initial Appearance

suspect appears before a magistrate court and has charges brought against them. Bail is determined here.

Preliminary Hearing

Magistrate Judge determines if a crime was committed with probable cause

Indictment

A group of citizens (jury) examines evidence to see if suspect should be charged with a crime.

Arraignment

Formal reading of the charges

Plea-Bargaining

The defendant can admit guilt in the hopes of receiving a lesser charge or fine. However, it does not mean that the charge will always be lessened.
If the defendant pleads that they are not guilty, they will move on to the adult trial process.

Selecting a Jury

12 citizens are selected as jurors.

Opening Statements

Both attorneys (lawyers) are given the opportunity to talk directly to the jury to explain what they hope to prove.

Presentation of Evidence

Witnesses are called to the stand to give testimony (can cross-examine witnesses)

Closing Statements

After all witnesses have spoken, both attorneys (lawyers) give their final arguments

Jury Deliberation and Verdict

Jury discusses the case to determine if the defendant was guilty of the crime or not.

Sentencing

If guilty, the judge will sentence the defendant with the amount of time and how much they owe in fines if found guilty.

Appeal

If the defendant maintains that there were mistakes made by the legal team or court, the defendant can file with an appellate court for review of the case. The verdict can be overturned and will go back to the superior court for a new trial.

Intake

Begins process in which a child is formally charged delinquent or unruly.

Taken into custody with an intake officer where the juvenile is detained or protected.

Release or Detainment

Refers to the decision made by the intake officer to either continue to detain/hold the child in custody or send them back home. The child can potentially be released due to there being insufficient evidence to proceed. The officer can also choose to let the child stay under court supervision to observe if their behavior improves.

Informal Adjustment

The juvenile is diverted away from the formal judicial proceeding in order to provide rehabilitation and assign accountability to the juvenile. If the juvenile refuses the informal adjustment, the case will proceed to the formal hearing.

Formal Hearing (Adjudication)

Similar to an adult trial. The judge hears witnesses, review other evidence, and decides whether to adjudicate (make formal charges) a juvenile case as delinquent or unruly. A jury DOES NOT hear the case.

Disposition

Similar to an adult sentencing.

Possibilities:
- Released to parents
- 30 day short sentence
- Commitment to Department of Juvenile Justice
- Restrictive Custody at a Youth Development Center (YDC)

Appeal

If a juvenile or their attorney believes that there were errors in the justice process, they can challenge the court’s decision in a higher court.