Law Applicable to Juveniles

Upon the juveniles arrest:

Ariz.R.J.Pro. 23. C. – “No juvenile shall be held in detention for more than twenty-four (24) hours unless a petition alleging incorrigible or delinquent conduct or a criminal complaint has been filed.”

Once the Petition, Complaint or Referral has been filed:

Ariz.R.J.Pro. 23. D. – A detention hearing will be set. “A juvenile shall be detained only if there is probable cause to believe that the juvenile committed the acts alleged in the referral, petition, or complaint, and there is probable cause to believe; 1. The juvenile . . . will not be present at any hearing; or 2. The juvenile is likely to commit an offense injurious to self or others; or 3. The juvenile must be held for another jurisdiction; or 4. The interests of the juvenile or the public require . . . protection; or 5. The juvenile must be held pending the filing of a complaint pursuant to A.R.S. 13-501.” Infra.

Release from Detention

Ariz.R.J.Pro. 23. E. – The Court may release the juvenile upon appropriate terms and conditions. Pursuant to Ariz.R.J.Pro. 23. H. the juvenile’s release conditions can be reviewed.

Ariz.R.J.Pro. 28 – The Advisory Hearing –

If juvenile is detained, the hearing shall be held within 24 hours of the filing of the petition.

If juvenile is not detained, the hearing shall be held within 30 days of the filing of the petition.

Purpose. “After the filing of a petition alleging delinquent or incorrigible acts, the Court shall set an advisory hearing for the purpose of advising the juvenile, parent, guardian or custodian of the allegations against the juvenile.” At this hearing the juvenile may accept a plea bargain whereupon the Court may proceed to immediate disposition.

Ariz.R.J.Pro. 29 – Adjudication Hearing – If the juvenile’s case can not be resolved, a trial can take place. The government must prove the juvenile’s guilt beyond a reasonable doubt. Trial time limits apply to an adjudication hearing, unless the government seeks to transfer the juvenile’s case to adult Court or a petition to revoke the juvenile’s probation has been filed. If the juvenile is detained trial has to take place within 45 days of the advisory hearing. If the juvenile is not detained trial has to take place within 60 days of the advisory hearing.

Ariz.R.J.Pro. 30. B. – Disposition Hearing - If the juvenile is detained sentencing has to take place within 30 days of adjudication of delinquency or incorrigibility. If the juvenile is not detained sentencing has to take place within 45 days of adjudication of delinquency or incorrigibility.

A.R.S. 8-341 – Potential Sentences a Juvenile May Receive -

A delinquent juvenile can be punished with probation, a term in the department of juvenile corrections, a monetary assessment, treatment until 21. An incorrigible juvenile can receive probation. Juvenile probation always terminates on the juvenile’s 18th birthday.

Ariz.R.J.Pro. 32 – Revocation of Juvenile Probation –

1. Petition to revoke juvenile’s probation is filed.
   
2. Petition to revoke juvenile’s probation is served explaining when juvenile and the parent or guardian or custodian must appear.
   
3. Based upon the petition to revoke the juvenile’s probation the Court determines if there is probable cause that the juvenile violated probation.
   
4. If there is probable cause that the juvenile violated probation the Court sets the juvenile’s case for an advisory hearing.
   
5. If the juvenile is in custody on a probation violation an advisory hearing shall take place within 24 hours of the juvenile’s initial detention. If the juvenile is out of custody the advisory hearing shall take place within 14 days after the petition to revoke probation is served.
   
6. Probation violation hearing is set within 21 days of the advisory hearing.
   
7. Government must prove the juvenile’s probation violation by a preponderance of the evidence.
   
8. If the Court determines that the juvenile has violated probation the Court may immediately sentence the juvenile or set the juvenile’s case for a Disposition/Sentencing Hearing.

Procedurally what is the difference between juvenile prosecution as opposed to adult prosecution?

“The Arizona Constitution provides . . . ‘[S]uperior Court shall have exclusive original jurisdiction in all proceedings and matters affecting . . . children accused of a crime, under the age of eighteen years. The Judges shall hold examinations in chambers for all such children concerning whom proceedings are brought, in advance of any criminal prosecution of such children, and may, in their discretion, suspend criminal prosecution of such children.’ Ariz. Const. art. 6, § 15. This constitutional provision refers to the adult criminal liability of children. In re Appeal in Maricopa County, Juvenile Action No. JV-122733, 172 Ariz. 542, 544, 838 P.2d 1303, 1305 (App. 1992). Thus, ‘it is the suspension of “criminal prosecution,” that is, [the] prosecution of juveniles as if they were adults, which is left to the discretion of the [S]uperior Court Judge sitting as a juvenile Judge.’ Id. In other words, the [J]uvenile Court can, through denial of a motion to transfer for adult prosecution, suspend ‘criminal prosecution.’ Id. (State v. Superior Court, 180 Ariz. 384, Versuslaw paragraphs 27 – 29 (Ariz.App. 1994)).”

A.R.S. 13-501 - When can a person under eighteen be charged as an adult?

Whenever the juvenile has a prior felony conviction.

If the juvenile is fifteen to seventeen for:

1. First or Second Degree murder.
2. Sexual Assault.
3. Armed Robbery.
4. Any violent felony.
5. Any felony committed by a chronic felony offender.

If the juvenile is fourteen for:

The government has to allege that the juvenile is a chronic felony offender. Upon motion the defense may challenge this allegation. If the government can not prove that the juvenile is a chronic felony offender by a preponderance of the evidence the juvenile remains in Juvenile Court pursuant to A.R.S. 8-302 Infra.

A.R.S. 8-302 - Transfer between juvenile and adult criminal Courts -

If the juvenile can not be prosecuted as an adult pursuant to A.R.S. 13-501. Id. the juvenile’s case remains in Juvenile Court.