http://www.courts.michigan.gov/scao/faqs/QandA_minor.htm
What is a juvenile case? Juvenile cases are heard by the family division of the circuit court. The three types of juvenile cases are juvenile delinquency cases, child protective proceedings and traffic cases.
Juvenile delinquency cases are cases involving a minor under the age of 17 who either has been accused of committing an offense that would be considered criminal if committed by an adult or has been charged with a status offense. Status offenses are cases involving minors who repeatedly disobey their parents, fail to attend school, or run away from home.
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The family division of the circuit court also handles cases where a minor has been charged with a misdemeanor traffic violation.
How are juvenile delinquency cases processed? If you are under the age of 17 and have been accused of doing something that would be a crime if done by an adult, you may be brought before the family division of the circuit court.
The juvenile will be notified to appear in the family division for a preliminary inquiry or a preliminary hearing. At the preliminary inquiry or hearing, the court will determine, based on probable cause, whether to go forward with the matter. If the case is not dismissed or diverted, filing of the petition will be authorized and an opportunity will be given to admit or deny the offense or the next hearing (trial) will be scheduled.
In serious cases involving juveniles who are 14 years of age or older, the case may be waived to the criminal division of the circuit court where the delinquent will be tried as an adult. A a juvenile may also be designated to be tried as an adult in the family division of the circuit court.
The court will appoint an attorney to represent a juvenile if: 1) a parent refuses to appear and participate in delinquency proceedings; 2) the parent is the complainant or victim; 3) the family is financially unable to retain an attorney; and 4) the juvenile does not waive the right to an attorney or the court determines it is in the best interest of the juvenile and the public to require appointment.
Juveniles who are held in custody are usually placed in a juvenile detention center. If the juvenile is held in an adult jail, he or she must be kept separate from adult prisoners. Juveniles have the right to a trial by a judge or a jury.
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You may want to talk to an attorney prior to your hearing.
How are crimes classified? Crimes are classified as misdemeanors or felonies.
Misdemeanors are punishable by no more than one year in jail and are heard primarily by the district court nearest to where the crime took place. Vandalism, shop lifting, trespassing, prostitution, and drunk driving, if it is a first or second offense, are all examples of misdemeanor crimes.
Felony crimes are first heard in the district court where the crime occurred. The district court will conduct a hearing called a preliminary examination. If the district judge determines there is enough evidence, the case will be transferred to circuit court for trial. If you are convicted of a felony you could be sentenced from one year to life in prison and/ or pay a fine of more than $500. Homicide, arson, rape, robbery and burglary are examples of felony crimes.
What are status offenses? The family division of circuit court handles cases involving minors under the age of 17 who repeatedly refuse to obey parents, do not attend school or run away from home. These offenses are called status offenses. Status offense violations can only be committed by a minor, not an adult.
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What are my rights as a crime victim? If you have been a victim of a violent crime or injury, you have several rights. First, you have the right to be told when the accused will be in court. Second, you have the right to make comments in person or in writing about how the crime has affected you and what you think the sentence should include. Third, you have the right to be told if the accused is in a juvenile facility, jail, or prison, and if convicted, when the person becomes eligible for parole or release. Finally, you have the right to be paid money for financial loss or injuries.
If the crime was committed by a minor, you can ask the court for restitution. Restitution is payment for stolen items, destroyed property, or other damages resulting from the crime. However, the court recognizes the limited earnings available to a minor, and may require the minor to perform community service instead of restitution.
The Crime Victim's Compensation Board investigates victim's claims and provides compensation for losses resulting from physical injury.
For more information, you should contact the prosecutor's office where the crime occurred.
How do I find an attorney? If you do not have a lawyer, consult the local telephone book for a Lawyer Referral Service number or a complete list of lawyers in the yellow pages under Attorneys. The statewide lawyer referral number is (800) 968-0738.
In addition, some employers provide a legal plan as part of their employee benefits. Check with your employer to see if this benefit is available.
What is juvenile probation? If you are under the age of seventeen, have been found responsible for committing an offense, and come under the jurisdiction of the court, you may be put on probation. Juveniles on probation have regular meetings with a caseworker or probation officer. In addition, juveniles may be required to perform community service, pay for damages, attend counseling or meet other conditions set by the court. In cases where the court decides the juvenile cannot live in the community with his or her parent, the juvenile may be sent to a foster care home or state or private institution. Some juveniles may be placed under the supervision of the Family Independence Agency.
In general, the juvenile's court file will remain in the family division of circuit court until the juvenile is 30 years old. Some portions of the court file are open to the public.
