The Juvenile Criminal Process A General Process Review including Clerk Responsibilities (for Lake County) By: Sheri Woodruff, Supervisor, Criminal Division, Lake County Clerk of Circuit Court, Florida February 26, 2013

Confidentiality The most important rule concerning a juvenile delinquency case is CONFIDENTIALITY. Only limited persons may view a juvenile case. They are listed in F.S

Juvenile Euphemisms 1.Taken into custody (Arrest)

Juvenile Euphemisms cont. 2.Detention (Incarceration) 3.Adjudicatory Hearing (Trial)

Juvenile Euphemisms cont. 4.Disposition (Sentencing) 5.Adjudicated Delinquent (Convicted of a Crime / Guilty)

Juvenile Euphemisms cont. 6.Pick-Up Order (Arrest Warrant)

Typical Progression of a Juvenile Delinquency Case Screening – A child is screened by the Juvenile Assessment Center (JAC) Detention – Placed in secure detention 48 Hour Hearing - charged with committing an offense of domestic violence

How does a case get to the Clerk? A juvenile case is initiated when a referral / complaint or arrest report is filed with the Clerk’s Office. Enters information provided into case maintenance system, assigning a case number.

PETITION A petition is a formal charging document. The Office of the State Attorney is responsible for filing a petition to formally charge a juvenile offender. The State Attorney has 90 days to file the petition following an arrest. Clerk prepares and generates a summons.

COURT Plea Negotiation Conference (PNC) Role of the clerk in the courtroom Documents responsible for (in Lake County): –Ex: Waiver of Right to A Lawyer, Plea of Guilty or No Contest, Order on Detention Status, Court Appoints Counsel

ARRAIGNMENT Arraignment is the day the child is required to enter a plea to the delinquency petition. There are 3 types of pleas: 1. Guilty 2. No Contest; and 3. Not Guilty –IF a plea of Not Guilty is accepted, the case is scheduled for trial according to the judge’s calendar.

FAILURE TO APPEAR There are two types of Failure to Appear Orders. –1. Order to Take Into Custody for Screening (This directs Law Enforcement to screen and release the child with a court date/time to appear. –2. Order to Take Into Custody and Hold (directs Law Enforcement to detain the child and deliver him/her to the detention center where they will remain until the next court appearance.

ADJUDICATION There are 3 types of Adjudication: 1. Adjudicated delinquent (same as guilty) 2. Adjudication withheld 3. Adjudicated Not Guilty –The adjudication and type of charge determine if the juvenile is to be fingerprinted. The clerk advises the court and provides a fingerprint sheet to the bailiff.

DISPOSITION W.I.L.A. – Work in Lieu of Arrest Pre-Trial Diversion Five diversions offered in Lake County: Teen Court Teen Drug Court Voluntary Intervention Program (VIP) Neighborhood Accountability Board (NAB) Intensive Delinquency Diversion Services (IDDS) Announcement of No Information

DISPOSITION (cont.) Nolle Prosequi Judicial Warning Probation Commitment Transfer Bound-Over / Direct File

RESTITUTION Restitution to a victim who has suffered personal injury or property damage at the hands of a delinquent child. May be ordered by the court as a condition of the disposition. If not agreed upon, right to a restitution hearing. Coupons provided by clerk (Lake County).

HEARINGS The juvenile judge provides his/her court calendar to the clerk a year in advance (Lake County). The clerk is responsible for setting a hearing and notifying the judge’s judicial assistant and counsel via of hearing date/time (Lake County).

CONCLUSION The role of the clerk is a vital part of the judicial process. It is a key element in the criminal justice process and we strive to learn our duties and perform them correctly knowing that the accuracy and security of the record is the Clerk’s duty and responsibility.