Juvenile Court
Public Offenses and Status Offenses
Juvenile Court
The County Attorney’s Office prosecutes status offenses and public offenses against juveniles. Status offenses include truancy, beyond control and runaway. These cases are typically initiated by the Department of Community Based Services (“DCBS”), parents/custodians, or school representatives and are heard in Scott Family Court. Public Offenses are violations of criminal law. These cases are prosecuted in District Court. If a juvenile is accused of committing a public offense, the first step is for law enforcement to investigate. Once the investigation is complete, law enforcement may file charges through the office of the Court Designated Worker (“CDW”).
The County Attorney’s office reviews juvenile complaints generated by the CDW for probable cause. In many cases, the juvenile may qualify for out-of-court diversion through the office of the CDW. If the case is not eligible for diversion and is sent to court, the juvenile will appear and be represented by an attorney. If the juvenile does not stipulate, or agree, that he or she committed the offense, an adjudication hearing will be held before the District Judge to determine whether the juvenile is guilty of the offense. If a juvenile is convicted of an offense, the Department of Juvenile Justice (“DJJ”) prepares sentencing recommendations. Potential sentences include but are not limited to probation to the court, probation to DJJ, or commitment to DJJ. For some serious crimes, if eligible under the law, the Commonwealth may file a motion to have the juvenile tried as a youthful offender in Circuit Court. In such cases the Court will conduct a hearing to determine whether to transfer the case to Circuit Court for prosecution.