Arkansas Juvenile Law Process/Arkansas Juvenile Delinquency
Posted on August 13th, 2008 by Administrator
Every jurisdiction in Arkansas handles juvenile delinquency cases differently. However, here is a basic outline of the process:
(Please note that this is only an outline, and that it is not advice for your particular case. Laws constantly change. This list is not guaranteed as 100% accurate at the time of reading. If you wish to set up a free consultation, please call our office.)
1. Juvenile Commits Offense. A juvenile delinquent is any juvenile:
(A) Ten (10) years old or older who has committed an act other than a traffic offense or game and fish violation which, if the act had been committed by an adult, would subject the adult to prosecution for a felony, misdemeanor, or violation under the applicable criminal laws of this state or who has violated § 5-73-119; or
(B) Any juvenile charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102, subject to extended juvenile jurisdiction;
(Above is Arkansas Code Annotated § 9-27-303 (15)
2. Prosecutor Decision to File Petition. The delinquent act will usually be referred to the local prosecuting attorney and the prosecuting attorney will decide whether or not to file a petition. This petition will ask that the court find the juvenile delinquent. The petition will name both the juvenile and the parent(s).*
*The prosecutor may also certify the juvenile as an adult and file criminal charges, or the prosecutor may pursue extended juvenile jurisdiction. These topics are beyond the scope of this article. In addition, if one of these options is chosen by the prosecutor, it usually means that the charges are very serious.
3. Juvenile and Parent Ordered to Court. The juvenile and his/her parent(s) will be ordered to court to answer the delinquency petition. At this juncture the juvenile/parents would have hired an attorney, or ask the court to appoint an attorney if they are indigent. The juvenile would enter a plea at this point. If the juvenile admits guilt, the juvenile will face sentencing by the court. This could range from probation to commitment to the Department of Youth Services (Essentially, this is prison for juveniles). If the juvenile asks for a trial the prosecutor will have to put on evidence and prove that the juvenile is guilty of the offense.
4. Dispositions Available to the Court. If a juvenile pleads delinquent or is found delinquent by the court, there are many dispositions available to the court. The court can order any of the following things:
- Probation. (This can involve many things such as drug tests, counseling, etc)
- Fines.
- Court Costs.
- Restitution.
- Alternative Dispositions. The Court can order that the juvenile case go through mediation, diversion, or possibly through a local “Teen Court.”
The Eisele Law Firm, P.A., handles juvenile delinquency cases and would be happy to offer a free consultation in your case. Please call us at 501-315-5293.
