What Happens in a Juvenile Court Case

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Contact with Law Enforcement

A law enforcement officer investigating possible criminal activity by a juvenile may:

  • Speak with the juvenile and decide not to take any action;
  • Give the juvenile a Juvenile Summons (JV-002) if the officer thinks the juvenile has committed a juvenile crime; or
  • Arrest and summons the juvenile.

If a juvenile gets a summons or is arrested, law enforcement notifies the Juvenile Community Corrections Officer (JCCO) at the Department of Corrections. The JCCO decides if the juvenile will be detained until the first court appearance or will be allowed to stay with the juvenile’s parent, guardian, or legal custodian. See Role of the Juvenile Community Corrections Officer.

Summons

A summons is a court form that says what the charges are against the juvenile. The summons indicates when the juvenile must go to court. The summons also has the address of the courthouse. Offenses listed in the summons are only accusations- a judge will later decide if they can be proven.

Copy of Summons to Parent, Guardian, or Legal Custodian: The juvenile's parent, guardian, or legal custodian also gets a copy of the summons. The juvenile’s parent, guardian, or legal custodian must go to court with the juvenile, unless excused for a good reason. If the juvenile’s parent, guardian, or legal custodian are unable to attend court, they must notify the court ahead of time and get permission not to attend.

Notice of Informal Adjustment: The summons contains a notice that the juvenile may not need to go to court if the juvenile and other individuals, like the JCCO, are able to agree to what is called an informal adjustment.

Constitutional Rights: The summons lists the juvenile’s rights, including:

  • The right to remain silent; however, if the juvenile says anything after being told of this right, what the juvenile says may be used against the juvenile in court.
  • The right to a hearing (trial) before a judge, where the prosecuting attorney is required to prove the charge(s) beyond a reasonable doubt.
  • The right to be represented by a lawyer. A lawyer will be appointed for the juvenile if the juvenile or the parent, guardian, or legal custodian cannot afford one.
  • The right to confront and cross-examine witnesses at the hearing.
  • The right to testify, or to choose not to testify. The juvenile’s silence may not be used against the juvenile at the hearing.

15 M.R.S.  § 3304 (Summons).

Arrest

If police believe that a juvenile is not safe to be in the community, the officer may arrest the juvenile. In many cases, the juvenile is held in police custody for a short period of time and then released to the custody of a parent, guardian, or legal custodian.

Notice of arrest to parent, guardian, or legal custodian.
The juvenile's parent, guardian, or legal custodian must be notified that the juvenile has been arrested without unnecessary delay. In addition, the juvenile’s parent, guardian, or legal custodian must:

  • Be told where the juvenile is;
  • Be allowed to see the juvenile; and
  • Be present during all questioning unless law enforcement officers have made a reasonable effort to contact the juvenile's parent, guardian, or legal custodian, cannot make such contact, and seek to question the juvenile about ongoing or about-to-happen criminal activity.

Police may:

  • Ask the juvenile basic questions, like the juvenile's name, address, and ask for identification without the juvenile’s parent, guardian, or legal custodian being present; and
  • Ask the juvenile questions without the juvenile's parent, guardian, or legal custodian being present if the juvenile’s parent, guardian, or legal custodian allow it.

If police have tried but have not been able to contact the juvenile’s parent, guardian, or legal custodian, the juvenile may be questioned before they are contacted only if police think there is ongoing criminal activity or that criminal activity is about to happen.

15 M.R.S.  § 3203-A (2-A) (Arrested juveniles; release; detention; notification).

School Safety Concern

If police have believable information that there is an immediate danger to the safety of students or school employees on school grounds, or at a school function, police may notify the school principal or superintendent of the school.

 15 M.R.S. § 3301-A(1) and 20-A M.R.S. § 1055 (11) (School Safety).

Role of the Juvenile Community Corrections Officer (JCCO)

Preliminary investigation

A JCCO is assigned to each juvenile charged with a juvenile crime. Once a juvenile’s case is given to a JCCO, the JCCO investigates the facts and may:

  • Decide that no further action is needed;
  • Offer to enter into an informal adjustment with the juvenile to end the case; or
  • Recommend to the prosecuting attorney that a juvenile petition be filed with the court to open a court case.

A JCCO may also be involved in a juvenile’s case in other ways, including:

  • Working out Juvenile Conditions of Release (JV-006) or recommending detention if the juvenile is arrested; and
  • Serving as the juvenile’s probation officer.

15 M.R.S.  § 3301 (Preliminary investigation, informal adjustment and petition initiation).

Informal adjustment

An informal adjustment is a voluntary agreement between a juvenile and a Juvenile Community Corrections Officer (JCCO). The juvenile agrees to certain items and, if done, the JCCO recommends to the prosecuting attorney that no petition charging the juvenile with a juvenile offense be filed with the court. The prosecuting attorney then makes the decision as to whether the petition will be filed. If a juvenile agrees to enter into an informal adjustment, the juvenile must admit to having committed the juvenile crime and agree to do certain things. These may include:

  • Community service; and/or
  • Paying money to the victim (also called "restitution"); and/or
  • Attending school or work; and/or
  • Obeying a curfew or an order not to be around certain individuals; and/or
  • Writing a letter of apology; and/or
  • Getting counseling or other therapeutic services.

The specific things the juvenile agrees to do in the informal adjustment are worked out between the juvenile, the juvenile’s parent, guardian, or legal custodian, and the JCCO. If the juvenile has a privately-hired lawyer, the lawyer may also be involved. The prosecutor must agree to have the case settled through an informal adjustment.

An informal adjustment is voluntary. A juvenile does not have to agree to enter into an informal adjustment.

Informal adjustments can last up to six months.

If a juvenile enters into an informal adjustment and successfully completes the terms, the juvenile will not have to go to court and will not have a juvenile case record. See Juvenile Case Records for more information.

15 M.R.S. § 3301 (Preliminary investigation, informal adjustment and petition initiation).

Detention

If a juvenile is arrested and police believe the juvenile should not be released before going to court, the police will request that the juvenile be moved to a juvenile corrections facility. In this case, a JCCO must be contacted immediately. The JCCO may order the juvenile detained only if certain conditions are met. The JCCO may let the juvenile to be released with or without conditions while waiting for the first court appearance.

15 M.R.S. § 3203-A (Arrested juveniles; release; detention; notification).

Detention Hearing

A juvenile who is detained after an arrest must have a hearing before a judge within 24 or 48 hours, depending where the juvenile is being held.

To determine if a juvenile should be detained or released, the court considers many items, including:

  • The seriousness of the charge and whether there is probable cause to believe that the juvenile committed the offense;
  • Whether the juvenile will have appropriate supervision, care, and be safe if released to the custody of the juvenile’s parent, guardian, or legal custodian;
  • The safety of the community; and
  • Whether the juvenile refused to participate voluntarily in a conditional release placement or has a prior record of not appearing at court.

15 M.R.S. § 3203-A(5) (Detention hearings).

Right to a Lawyer

If a juvenile is detained before going to court, a lawyer will be appointed before the detention hearing. Even if a juvenile is not detained, the juvenile or the prosecuting attorney may ask that the court appoint a lawyer for the juvenile before the juvenile's first court appearance. Otherwise, the court will let the juvenile know of the right to talk to a lawyer at the juvenile's first court appearance and every stage of the case. If the juvenile's parent, guardian, or legal custodian cannot afford a lawyer, the juvenile will have a lawyer appointed and the State will pay for the lawyer. See Motion and Affidavit for Assignment of Counsel (CR-JV-032).

If the juvenile was not detained before the first court appearance and does not have a lawyer, the juvenile is encouraged to speak with the lawyer of the day at the first court appearance. If, after adjudication, the juvenile is committed to a juvenile detention facility or the custody of the Department of Health and Human Services, a post-adjudication lawyer will be appointed to the juvenile until the juvenile is discharged from the disposition.

15 M.R.S. § 3306 (Right to a Lawyer).

Right of appeal

If the juvenile disagrees with the court’s decision about detention, the juvenile, the juvenile’s parent, guardian, or legal custodian may file an appeal. The juvenile can be represented by a lawyer at State expense for the appeal if the juvenile’s parent, guardian, or legal custodian cannot afford one.

First Court Appearance

Unless the juvenile has already had a detention hearing, the first time the juvenile will come to court will be to answer the charges. This hearing is often called a "first appearance" or "initial appearance."

Answer

The judge will read the charges and tell the juvenile about the juvenile’s constitutional rights. The juvenile will "answer," that is, tell the court if the juvenile:

  • Denies the charges (Denial);
  • Admits to the charges (Admit);
  • Is "not contesting" the charges (admitting to the facts that the prosecutor says they can prove but not admitting guilt);
  • Asserts that the juvenile is not responsible because of insanity or lack of competency; or
  • Asserts that the juvenile is not responsible due to lack of criminal responsibility.

See Competency hearing in a juvenile case.

If the juvenile does not answer, the court will enter a denial.

15 M.R.S.  § 3305 (Answer).

Competency Hearing in a Juvenile Case

A juvenile is competent to participate in the case if the juvenile is able to:

  • Understand the charges;
  • Understand the different ways a case can be resolved; and
  • Help the defense lawyer prepare and present the case.

15 M.R.S. § 3318-A(2) (Competency to proceed in a juvenile proceeding).

How the court decides

If there is a question about whether the juvenile is competent, the court may order a competency evaluation by the State Forensic Service. The evaluation has to take place within 21 days from when the court orders it.

15 M.R.S. § 3318-A(3) (Determination of competency).

The issue of competency can be raised by the juvenile, the defense lawyer, the prosecutor, or the judge hearing the case.

What happens after the evaluation?

When all of the parties have a copy of the evaluation, the court holds a hearing to determine if the juvenile is competent. The evaluation and other evidence can be considered by the court when deciding if the juvenile is competent.

  • If the juvenile is found to be competent, the case goes forward as any other case would.
  • If the juvenile is found to be not competent, the court then needs to determine if the juvenile may be competent in the near future. The court may delay proceedings and reevaluate the juvenile in the next couple of months to see if the juvenile is competent.
  • If the court determines that the juvenile will not be competent in the near future, then the court considers whether the juvenile needs services from the Department of Health and Human Services. The court may order the juvenile to receive services or treatment. In this case, the court may dismiss the petition that was filed.
  • If an adjudication was already made, the court may "vacate" (undo) the order.

 15 M.R.S. § 3318-A (Determination of competency of a juvenile to proceed in a juvenile proceeding).
15 M.R.S. § 3318-B (Disposition of a juvenile found incompetent to proceed).

Options for Resolving a Juvenile Case

Deferred disposition

If the juvenile and the juvenile’s lawyer can reach an agreement with the prosecuting attorney, the juvenile may be able to get a deferred disposition for the case.

A deferred disposition is a written agreement between the juvenile and the State. It lists the things the juvenile must do or must not do, including but not limited to:

  • Going to court when notified to appear;
  • Committing no new juvenile crime or civil offense;
  • Agreeing to the conditions of the deferred disposition agreement; and
  • Following all of the provisions of the conditions of release order.

See Agreement of Juvenile and Order Deferring Disposition (JV-021).

A deferred disposition agreement can last for whatever length of time the court decides is reasonable and appropriate. The length of a deferred disposition is written in the deferred disposition agreement. The juvenile must sign the deferred disposition agreement.

When the time period in the deferred disposition is over, the court will send the juvenile a notification of a date and time the juvenile must return to court. The juvenile must return to court with proof of having done everything the juvenile agreed to do.

If the court agrees that the juvenile has successfully completed the agreement, the judge dismisses the case or adjudicates the juvenile of the lesser charge as agreed to in the deferred disposition.

If the juvenile violates the agreement or does not do everything agreed to, the State may ask the court to:

  • Change or make the agreement last longer;
  • Order rehabilitative services; or
  • End the agreement. 

If the court ends the agreement, it will schedule a dispositional hearing to decide what the consequences should be for the offense the juvenile admitted to in the deferred disposition.

15 M.R.S. § 3311-B (Deferred disposition).

Adjudicatory Hearing

The juvenile has the right to an adjudicatory hearing. An adjudicatory hearing is when a judge hears evidence from the prosecuting attorney and the juvenile, and decides if the juvenile has committed the juvenile crime charged. It is similar to a trial. Juveniles have the same trial rights as adults, except juveniles do not have a right to a jury trial. At the hearing, the prosecuting attorney has the responsibility to prove the elements of the alleged crime beyond a reasonable doubt. The hearing is held before a judge and decided by the judge. At the hearing, the juvenile (through the defense lawyer) has the right to:

  • See and ask questions of witnesses for the State;
  • Give the court evidence and call witnesses on the juvenile’s behalf; and
  • Choose to testify or decide not to testify.

If the court finds that the prosecuting attorney has not proven the case beyond a reasonable doubt, it will find the juvenile has not committed the offense. The juvenile will be released from any detention, and any previously ordered restriction will be removed. 
 
If the court finds that the prosecuting attorney has proven the case against the juvenile, the juvenile is adjudicated of having committed a juvenile crime.

If the juvenile is adjudicated, the next step in the juvenile’s case is a dispositional hearing. 

15 M.R.S.  § 3310 (Adjudicatory hearing, findings, adjudication).

Disposition

Instead of being "sentenced," an adjudicated juvenile receives a disposition. Often the court will ask for written reports to help it decide what should be the appropriate disposition, including a social study prepared by the JCCO. The prosecuting attorney will make a recommendation as well. 

15 M.R.S.  § 3311 (Social study and other reports).

The juvenile and the juvenile's lawyer will also have an opportunity to give information and recommend a disposition. The juvenile may present any relevant information about the juvenile’s background, personal history, physical or mental health issues, or substance use disorders, to the court.

After reviewing all the information, the court may order one or more of the following as the disposition:

  • Probation. During this time the juvenile must do and not do certain things in order to successfully complete the period of probation. If the juvenile violates the probation, the juvenile may be committed to a detention facility. Probation can include a suspended disposition.
  • Participation in treatment or case management services by the juvenile and/or the juvenile’s family.
  • A supervised work or service program where the juvenile can earn money to pay for damage the juvenile caused. • Payment of money (restitution) to the victim for harm or damage the juvenile caused.
  • Commitment to the custody of the Department of Health and Human Services or custody to a third party (foster care, group home, or similar living arrangement).
  • Confinement up to 30 days.
  • Commitment to a juvenile detention facility. A commitment to a juvenile detention facility is always for an indeterminate period. The commitment may not go longer than a juvenile’s 21st birthday. If a juvenile is committed to a juvenile detention facility, a post-adjudication lawyer will be appointed to the juvenile until the juvenile is discharged from the disposition.
  • Payment of a fine.

The juvenile may also have a driver’s license suspended for up to six months for drug offenses, and up to twelve months for drug trafficking. Suspension of a juvenile’s right to operate a motor vehicle, or to apply for a driver’s license or permit in certain motor vehicle offenses, may also be imposed. See Notice of Suspension (CR-JV-126).

The juvenile may be required to give up any firearms.

15 M.R.S.  § 3312 (Dispositional hearing); 15 M.R.S.  § 3314 (Disposition).

Right to Appeal

If the juvenile disagrees with the court's disposition, the juvenile may file an appeal.

Appeals

If the juvenile or juvenile's parent, guardian, or legal custodian, does not agree with the court's decision at the adjudicatory hearing, the juvenile (usually through the juvenile’s defense attorney) may be able to file an appeal. The juvenile may appeal:

  • An adjudication, as long as the appeal is made after the court’s order of disposition (See Dispositional hearing).
  • An order of disposition (if the juvenile does not agree with the specific things the court ordered).
  • A detention order (See Detention).
  • A bind-over order (See Being tried as an adult).

The juvenile has 21 days from the entry of the court’s order to file a notice of appeal. If a juvenile or the parent, guardian, or legal custodian want to pursue an appeal, they should talk with the juvenile’s lawyer about the process. If the juvenile is not able to afford a lawyer, the court will appoint one for the juvenile in order to file the appeal.

See Motion and Affidavit for Assignment of Counsel (CR-JV-032); Motion for Transcript at State Expense (CV-CR-JV-166); Transcript and Audio Order Form (CV-CR-JV-165).

Most appeals are heard by the Maine Supreme Judicial Court.The Maine Supreme Judicial Court does not decide the case again. Instead, the Court reviews the case that happened in the Juvenile Court to determine if an error was made.

See Notice to Juvenile of Right to Appeal to the Law Court (JV-010); Notice to Parent, Guardian, or Legal Custodian of Right to Appeal to Law Court (JV-011); and Notice to Appeal to the Law Court (JV-012).

15 M.R.S. § 3401 and 15 M.R.S. § 3402 (Appeals).