Juvenile Delinquency Attorney

Juvenile Adjudications in Tucson, Arizona

Pima County Juvenile Court Center

Juvenile delinquency cases start much in the same way as adult criminal matters: with an arrest or citation.  If cited, a minor will be informed of a court date and released.  If arrested, instead of getting booked into adult jail, a minor will be transported to a youth detention center, and will get an advisory hearing before a judge within 24 hours.  The police will then write up a report, and may conduct additional investigation to gather evidence of a crime, and refer their report to the County Attorney. 

If the County Attorney believes a crime has been committed, they will file a petition, charging the minor.  This is similar to a complaint in adult criminal court.  Upon a filing of a petition, the first court appearance will be called an advisory hearing.  At the advisory hearing, the minor is informed of the charges (usually waiving formal reading), and decides whether to admit or deny the charges, and the judge will decide whether to release the juvenile to stay with his/her parents, or detain until the next hearing.

The next hearing will either be an adjudication (if the charges are denied), or a disposition (if the charges have been admitted.  Like with adult criminal cases, many juvenile delinquency matters settle for a plea bargain, with some diversion programs available to help juveniles keep a clean record.

At an adjudication, the County Attorney has the burden of proving the charges beyond a reasonable doubt.  The government will try to meet its burden by calling witnesses, including alleged victims and police officers who responded or investigated the case.  The defense will get to cross examine the government's witnesses, and then may call witnesses of its own.  The judge (there is no jury) decides whether the charges (or any of them) have been proven.  If the judge finds that the charge has not been proven, the case is dismissed; if the judge finds that a charge has been proven, then the case will be set for disposition.

At disposition, a judge will consider a report prepared by the probation department, as well as testimony and argument given, and decide what punishment to impose.  Punishments can include: community service, essays, drug testing, fines, restitution, probation, house arrest, and juvenile corrections.  Many juvenile adjudications also result in license suspensions, and required DNA sample registration.

Juveniles are appointed a free attorney, called a Public Advocate, an attorney who practices exclusively in the juvenile courts, and is trained specially in handling juvenile matters.  Still, juveniles have a right to hire an attorney of their choosing to represent them in delinquency proceedings.

WHEN MINORS ARE CHARGED AS ADULTS
Arizona still has some of the harshest criminal laws in the nation, and the adult criminal justice system can reach many youthful offenders, and subject minors to very harsh punishment.  Juveniles age 14-17 can be charged as adults.  Typically only violent felony offenders (first degree murder, second degree murder, forcible sexual assault, armed robbery, aggravated assault, assault with a deadly weapon, etc.) or repeat felony offenders.  Arizona law has mandatory direct filing of certain charges in adult court, and further allows for direct filing in other cases within the County Attorney's discretion.  If a serious criminal case is filed in adult court, it will almost always be to the juvenile's advantage to have the case transferred to juvenile court, where the punishment is limited, and the court is more likely to be lenient with young offenders.  The process of moving a case from adult court to juvenile court is called a "reverse transfer" to juvenile court.
NOTE:  Even if charged in adult court, Arizona law does not allow imposition of the death penalty for anyone who was under the age of 18 at the time of their offense.

SETTING ASIDE A JUVENILE ADJUDICATION
Once a juvenile has turned 18, and completed all terms of their sentence, they may apply for a set aside with the court.  Some factors the court will consider in determining whether to grant a set aside include:  the nature and circumstances of the offense, whether the person has been convicted of a felony, whether any criminal charges are pending, input from the victim, the person's success and cooperation with the juvenile process, and any other relevant information.

IF YOU OR YOUR CHILD HAS BEEN ARRESTED OR CITED AND MUST GO THROUGH THE JUVENILE COURT PROCESS, IT MAY HELP TO SPEAK TO AN ATTORNEY ABOUT YOUR OPTIONS.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER 520-585-5757

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Arizona Juvenile Detention Standards
Arizona Revised Statutes - Title 8 (Child Safety)
Rules of Procedure - AZ Juvenile Court

Pima County Juvenile Justice Center
Pima County Juvenile Detention Center
AZ Courts - Juvenile Justice Services