USA Youth Criminal Legal Process
Initial Contact
Initial Contact
means any interaction/conversation between you and a police officer (or other law enforcement officer, such as a school resource officer). This could be for any reason including something the police officer thought you did.
Arrest
Arrest
means that a police officer is taking you into custody, which could be the police station or jail. This usually means you get handcuffed or get put into a police car. A police officer should have a good reason to arrest you: for example, they saw you commit a crime, they suspect/think you committed a crime, or they have a warrant to arrest you.
There are two types of lawyers. The defense lawyer works for you to help prove you are innocent. The prosecutor works for the state to try to prove you guilty.
Diversion
Diversion
means that the police decide to send you to a program outside of the law to handle your case. This could be sending you to do volunteer work in the community, or it could be sending you to a healthcare organization to get medical treatment.
Police Questioning
Police Questioning
means that the police are asking you questions (or “interrogating” you). During Police Questioning, you have the right to a lawyer to help you. You also have the right to not answer any of the questions.
Release
Release
means that the police decide to just let you go. They might not have enough information to charge you with a crime, or they might have made a mistake. When you are released, you are free to go back home.
Intake & Charge
Intake & Charge
means that a prosecutor will start the steps of moving you through the legal system. The prosecutor can work with other professionals, like community organizations, to decide how best to handle your case.
Charge means that a prosecutor formally accuses you of committing/doing a crime. A prosecutor will need to do paperwork that lists the crime and the evidence that shows you did the crime.
Diversion
Diversion
means that the judge decides to handle your case by sending you to a program outside of juvenile (youth) court. This could be a rehab program, a treatment program, or a volunteer program. A judge can send you to Diversion if they think it’s the best way to end your case.
Dismissal
Dismissal
means that the judge decides to throw out your case. The judge might think that the charge against you isn’t supported by the evidence, or that you shouldn’t be punished. If a judge dismisses your case, then it is over.
Probation Services
Probation Services
means that the judge lets you go, but you have to be supervised by a probation officer. The probation officer will make sure that you are going to school, work, or treatment as scheduled. The probation officer will let the judge know if you do something you’re not supposed to. The judge can then order a different punishment for you (like sending you to juvenile jail).
Note: A probation officer is someone with special training to help and supervise people who have been in trouble with the law, once they’re back in the community.
Note: A probation officer is someone with special training to help and supervise people who have been in trouble with the law, once they’re back in the community.
Secure Correctional Placement
Secure Correctional Placement
means that the judge orders you to go somewhere for supervised punishment. This could mean a juvenile jail (“juvie”) or a specialized youth treatment center. Ideally, the judge will send you somewhere with training or educational programs to help you avoid the legal system in future.
Community Reentry
Community Reentry
means that the judge and the juvenile (youth) court is trying to help you leave the youth justice system and go back to your regular life. There can be many different options to make this transition easier. For example, your school might have a program to help you make up for missed schoolwork, or your religious community might have a program to help you mentor other kids.