Juvenile Delinquency involves a person under 16 years old, but at least 7 years old, who commits an act which would be a "crime" if he or she were an adult. All juvenile delinquency cases are heard in Family Court. Children who are 13, 14 and 15 years old who commit more serious or violent acts may be treated as adults. These cases may be heard in Supreme Court, but may sometimes be transferred to the Family Court. If found guilty in Family Court, the child is called a "juvenile delinquent", in Supreme Court the child is referred to as a "juvenile offender", and is subject to more serious penalties than a juvenile delinquent.
The child who is arrested for committing certain felony or misdemeanor offenses, will initially be referred to the Department of Probation to see if the matter can be resolved without court intervention. If a resolution is not possible, the prosecuting agency files a petition in Family Court. Family Court juvenile delinquency proceedings differ in several ways from criminal matters brought in Criminal or Supreme Court. Aside from the terminology and procedures, other major differences are bail and sentencing. In addition, there are no jury trials in Family Court, only the Judge decides whether the child is a "juvenile delinquent". In Family Court, there is no bail in juvenile delinquency, the child is either paroled (to his parent or legal guardian) or remanded to a group home or detention facility. The sentences range from the child living at home with his legal guardian, with or without probation supervision to placement in a group home or detention facility for a set period.
Every child is entitled to representation in Family Court in juvenile delinquency proceedings; their lawyer is referred to as their law guardian.
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