JUVENILE PROBATION OVERVIEW PAGE TWO

The Hearing Process
1. Informal Handling of Cases
2. The Formal Court Process

The Hearing Process

At the hearing, the youth and his parent or guardian are first advised of the charge (s) and then advised of their basic legal rights. These rights include the right to:

  • have an attorney present at all stages of these proceedings 

  • forego this hearing and go directly to trial 

  • not make any statements at this time (top of page)

1. Informal Handling of Cases

The officer next asks of the youth if the charge (s) is/are true. If the youth admits to the charge and his story coincides with the Police report, the Probation Officer can decide whether or not to handle the charge in an "informal" manner. The Probation Officer will decide on an avenue to take which is in the best interest of the youth with community protection in mind. Some of the things the Probation Officer may order include but are not limited to are:

  • an informal probation agreement (community service work, written essays, letter of apology, restitution, counseling, etc)

  • an initial letter of warning

  • a warning issued during the proceeding

  • a deferred disposition  (holding the case open until predetermined conditions are met)

  • referral to Missoula Youth Justice Council (A court-sanctioned program comprised of community members who are trained to handle first time offenders in an arena outside of the court proceedings).

  • Referral to a dispute resolution source (A court-sanctioned program that engages victims and offenders as well as teaches conflict resolution skills)

The Youth Court makes every effort to maintain a youth's case within the informal process. However, if the youth denies the charge, the Probation Officer has no other alternative but to make a referral to the County Attorney's Office for filing in "Formal Court". Adjudication (def: if a youth pleads guilty to or is found to be guilty of a charge he/she may be adjudged {adjudicated} to be "delinquent" or a "youth in need of supervision") at this level means a youth will have a permanent court record.

(Due to a recent legislative mandate, the Probation Officer must make a referral to the County Attorney's Office if a youth has had three misdemeanor offenses or two felony offenses in his background. The decisions that a Probation Officer has to make during these proceedings are very important because they can and will effect the life of this young person).  (top of page)

2. The Formal Court Process

If a referral is made to the County Attorney's Office for filing in formal court, the process is basically the same. A petition is filed citing the charges. The youth and parents are summoned to court. If a private attorney cannot be secured, an attorney is provided the youth through the Public Defenders Office. At an "initial hearing" before the Judge, the Probation Officer, County Attorney, Public Defender, youth and parents are present. The judge advises the youth of his rights and at that point will ask the youth and his attorney if they are ready to enter a plea. 

If the youth and attorney decide to plead guilty to the charges, the Probation Officer and County Attorney will make recommendations to the Judge concerning the disposition (final decision) if all parties agree.

If the youth denies the charge, then a further hearing will be set either for trial or for further status.   (top of page)

continued...

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