Juvenile Delinquency
In many ways, the juvenile delinquency process
mirrors that of the adult Iowa Criminal Procedure.
The first step is the initial investigation. A police
officer will conduct the investigation, either based
upon reports or upon witnessing a delinquent act. If
the police officer determines that a delinquent act has
been committed, he will file a report and contact the
juvenile court office.
A juvenile court officer will examine the report, and
often will interview the child. If the charge is very
minor and the child has not been in trouble before,
the juvenile court officer may choose not to pursue
the case. However, many times the juvenile court
office must alert the county attorney and begin
juvenile proceedings.
If the county attorney reviews the report and decides
to bring the case to court, she will file a petition.
The petition will be served upon the child's parents,
usually by the sheriff. The documents will also
contain an order directing the parents to obtain
counsel and to attend a pretrial conference.
At the pretrial conference, the parties will meet and
decide whether they need to proceed to an
adjudicatory hearing.
An adjudicatory hearing is a trial in juvenile court,
where the county attorney must prove to the judge
that the child has committed the delinquent act as
alleged in the petition.
If the parents, child and their attorney feel that an
agreement can be reached wherein no adjudicatory
hearing is necessary, the child can plead guilty (called
entering a factual basis) at the pretrial conference.
Often times is the best solution for all parties due to
the time and costs that are saved. If the State's
evidence is strong, and they are willing to consider a
reasonable disposition, then skipping the adjudicatory
hearing can be a good decision.
If no agreement is reached, an adjudicatory hearing is
scheduled. At that hearing the county attorney will
place forth all of her evidence and present her
testimony. Usually the witnesses will be the police
officers involved and any people that witnessed the
delinquent act. The child's attorney can
cross-examine all of the State's witnesses.
The child's attorney will then have the chance to
present his evidence. This can be anything that cuts
against the facts of the State, including having the
child take the stand and explain what happened.
If the Court believes that the delinquent act has been
committed, or if the child admitted to it at the pretrial
conference, then the case proceeds to a dispositional
hearing.
The dispositional hearing is much like a sentencing
hearing in adult court. The outcome, or the
"punishment" is determined and made into law. The
most severe disposition is residential placement,
where the child is sent to live at the State Training
School. The most lenient disposition is a consent
decree.
A consent decree is similar to a deferred judgment in
adult court. With a consent decree the child is given
a period of probation, usually six or twelve months,
and if the child completes probation successfully, then
the delinquent act will not appear on the child's
juvenile record.
After the dispositional hearing, the Court will schedule
a review hearing. If the hearing is ex-parte, then only
the judge will be present. If the hearing is an in-court
review, then all parties must be present.
The review hearing is where the judge monitors the
child's progress and decides if more restrictive
services need to be in place, or if the child is on his
way to closing the case.
Once the judge determines that the child has
successfully completed his probation, the case will be
closed.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
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mirrors that of the adult Iowa Criminal Procedure.
The first step is the initial investigation. A police
officer will conduct the investigation, either based
upon reports or upon witnessing a delinquent act. If
the police officer determines that a delinquent act has
been committed, he will file a report and contact the
juvenile court office.
A juvenile court officer will examine the report, and
often will interview the child. If the charge is very
minor and the child has not been in trouble before,
the juvenile court officer may choose not to pursue
the case. However, many times the juvenile court
office must alert the county attorney and begin
juvenile proceedings.
If the county attorney reviews the report and decides
to bring the case to court, she will file a petition.
The petition will be served upon the child's parents,
usually by the sheriff. The documents will also
contain an order directing the parents to obtain
counsel and to attend a pretrial conference.
At the pretrial conference, the parties will meet and
decide whether they need to proceed to an
adjudicatory hearing.
An adjudicatory hearing is a trial in juvenile court,
where the county attorney must prove to the judge
that the child has committed the delinquent act as
alleged in the petition.
If the parents, child and their attorney feel that an
agreement can be reached wherein no adjudicatory
hearing is necessary, the child can plead guilty (called
entering a factual basis) at the pretrial conference.
Often times is the best solution for all parties due to
the time and costs that are saved. If the State's
evidence is strong, and they are willing to consider a
reasonable disposition, then skipping the adjudicatory
hearing can be a good decision.
If no agreement is reached, an adjudicatory hearing is
scheduled. At that hearing the county attorney will
place forth all of her evidence and present her
testimony. Usually the witnesses will be the police
officers involved and any people that witnessed the
delinquent act. The child's attorney can
cross-examine all of the State's witnesses.
The child's attorney will then have the chance to
present his evidence. This can be anything that cuts
against the facts of the State, including having the
child take the stand and explain what happened.
If the Court believes that the delinquent act has been
committed, or if the child admitted to it at the pretrial
conference, then the case proceeds to a dispositional
hearing.
The dispositional hearing is much like a sentencing
hearing in adult court. The outcome, or the
"punishment" is determined and made into law. The
most severe disposition is residential placement,
where the child is sent to live at the State Training
School. The most lenient disposition is a consent
decree.
A consent decree is similar to a deferred judgment in
adult court. With a consent decree the child is given
a period of probation, usually six or twelve months,
and if the child completes probation successfully, then
the delinquent act will not appear on the child's
juvenile record.
After the dispositional hearing, the Court will schedule
a review hearing. If the hearing is ex-parte, then only
the judge will be present. If the hearing is an in-court
review, then all parties must be present.
The review hearing is where the judge monitors the
child's progress and decides if more restrictive
services need to be in place, or if the child is on his
way to closing the case.
Once the judge determines that the child has
successfully completed his probation, the case will be
closed.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
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