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The Court Process

Any person under the age of 18 is expected to obey the same laws as adults. Youth in Idaho must also follow a few other rules like attending school and not running away from home. Violations of these are called status offenses – actions that are prohibited only because of a person’s age. A youth suspected of violating laws is generally brought into the juvenile court system.*

*Exceptions to this include traffic, alcohol, tobacco and watercraft violations, which are handled by different courts. Additionally, a youth may be charged as an adult in some circumstances.

Law Enforcement

The court system starts with law enforcement. A peace officer has a few options when a youth is accused of or seen violating the law:

  • Warn the youth – The youth is released to a parent, guardian or relative and no formal action is taken.
  • Issue a citation/ticket – This may involve a fine and/or a court appearance depending on the violation.
  • Refer the case to the prosecutor’s office for review –The prosecutor will review the police report and decide whether to offer a diversion program or file a petition with the court.
  • Take a youth to detention – If a youth is arrested and brought to juvenile detention, the charges are referred to the prosecutor for a decision on next steps.
Prosecuting Attorney

When a case is referred to the prosecutor’s office, they will review the police report and decide whether to dismiss the case, offer a diversion program or file a petition with the court.

Diversion – Diversion is a voluntary program that is generally offered to first time offenders who have violated misdemeanor or status level offenses. The goal is to divert youth from a formal court process and into a program to help them avoid committing further offenses.

Petition – A petition is a formal charging document alleging the crimes a youth has committed. It is filed with the court to initiate a case against the youth. Unless a petition is filed, the youth may not be brought before the court, except to be released from detention.

Juvenile Case Process

Case flow chart
Hearing Types

At the admit/deny hearing, the judge will review the petition with the youth and their parent to make sure they understand the charges and their legal rights. The acts described in the petition are allegations and this initial hearing gives the youth an opportunity to either admit or deny that they committed the conduct.

  • AdmitIf the youth admits to committing the acts described in the petition, the court will schedule a disposition (sentencing) hearing.
  • DenyIf the youth denies committing the acts, the court will schedule a pre-trial conference.

The court will provide a copy of the petition if the family has not already received one and ask if they have contacted an attorney. If the family cannot afford an attorney, the court can appoint a public defender to represent the youth.

If the youth denies committing the acts, the prosecuting and defense attorneys will meet at a pre-trial conference to see if they can reach an agreement about how to resolve the petition. If there is an agreement, it is submitted in writing to the court and a disposition hearing is scheduled. If no agreement is reached, an evidentiary hearing – or trial – is scheduled.

If a plea agreement is not reached during pre-trial conference, the case will continue to trial. In an evidentiary hearing, the prosecuting attorney presents evidence, which may include witnesses, to prove beyond a reasonable doubt the youth committed the acts described in the petition. The defense attorney cross examines the evidence presented and may also provide evidence, including witnesses. The judge hears the evidence and decides if the youth did or did not commit the acts in the petition.

If the youth admits to committing the acts, or the judge determines the youth committed the acts, the court will schedule a sentencing hearing. The judge will determine the consequences of the youth’s actions based on the severity of the charges, community safety concerns and the strengths and needs of the youth and their family. There are many sentencing options the judge may elect, but some common ones include a combination of:

  • Informal Adjustment (a type of probation that allows dismissal of charges upon successful completion)
  • Probation (up to three years)
  • Restitution
  • Suspended or restricted driving privileges
  • Restricted contact
  • Mental health or substance use assessment and/or treatment
  • Assessment of fees
  • Suspended sentence
  • Transfer of case to county where the youth lives
  • County detention
  • Commit to the Idaho Department of Juvenile Corrections