1. COMPLAINT
The complainant must make a report to the Prosecutor’s Office, to include a both a statement of facts about the alleged incident and any other evidence wished to be used when a charging determination is made, i.e. witness statements, photographs, videos, test results, etc. Most times reports are filed by law enforcement, but may also be filed by a probation officer, school official, parent, victim, or any adult who has knowledge of an alleged offense. The report is then reviewed by the Prosecutor’s Office to determine what charge(s), if any, are to be filed. A formal complaint is then prepared, signed by the complainant, and ultimately sent to Juvenile Court for filing. A plea hearing, or in some instances of first-time offenders, a Diversion conference, is then scheduled on the Court’s Docket. Notices are sent to appropriate parties, including the Juvenile and his or her legal custodian/guardian.
2. PLEA HEARING
At the Juvenile’s initial Court appearance, the plea hearing, the Juvenile is read the Complaint and is apprised of the right to counsel, as well as other constitutional and procedural rights. If the Juvenile denies the charge(s), the matter is then set for a pretrial hearing. If an admission to the charge(s) is made, the Juvenile is then adjudicated to be a delinquent or unruly child. The Court may immediately follow thereafter with the dispositional hearing, or may set the dispositional hearing at a later date on the Court’s docket.
3. PRETRIAL
A pretrial is held in cases wherein a denial has been entered by the Juvenile. The Prosecutor and the Juvenile along with any representative the Juvenile may have discuss the case informally. During this process, the participants in the case to gain information to formulate planning for further proceedings. If an agreement as to resolution of the matter can be reached, the case is presented to the Judge at this time.
4. ADJUDICATORY HEARING
If no prior resolution is reached, an adjudicatory hearing is held to determine whether a Juvenile is a traffic offender, or a delinquent, unruly, abused, neglected or dependent child. Evidence and testimony are presented to the Court at this hearing and the Rules of Evidence apply.
5. DISPOSITIONAL HEARING
If, either through admission or a finding by the Court, a Juvenile is determined to be a traffic offender, or a delinquent, unruly, abused, neglected or dependent child, a dispositional hearing is then held to determine what action will be taken or the sentence given. At this time, the Court considers many factors such as previous offenses, relationship with family members, employment, counseling reports, school reports, and/or mental and physical development. Considerations are given to victims, the protection of the community, and the rehabilitation of the individual while ensuring accountability for unruly and criminal actions.
Disposition in Belmont County Juvenile Court can be any one or more of the following, depending on case type, in addition to any other orders the Judge chooses to impose: detention, fines/court costs, curfew, restitution, community service, probation, Driver’s License suspension, legal custody to Children Services, CCAP (Concentrated Conduct Adjustment Program), house arrest/GPS monitoring, referrals to outside agency services, family/individual counseling, Family Dependency Treatment Court (FDTC), referrals to Court programs, residential treatment, parenting classes. a commitment to the Department of Youth Services, drug and/or alcohol screening, CrossFit Program, CarTeens, and the Ready Assess Driving Program. These Programs are explained in greater detail on the Juvenile Court’s Website.