Juvenile Offender
Overview
Our Division is responsible for receiving police reports involving juveniles. In the year 2003, we received more than 5,000 reports. We filed 2,560 Juvenile Offender (JO) cases in 2003. This is the third straight year that this number has decreased. Males accounted for slightly more than 2/3 of all case filings. The most common JO charge in 2003 was theft (782 total cases) followed closely by drug/alcohol cases (741). Here are more detailed filing statistics of Johnson County Juvenile cases (in PDF).JO Procedures
Kansas laws have changed a great deal over the past few years. JO procedures are now very similar to those of adults. A JO case would start with law enforcement action. Once called in to investigate a juvenile matter, police are given great discretion as to how to proceed. The officer may take no action, may send a report out to our office and/or may also take the juvenile into custody.Once a report reaches our office, we consider whether to file charges. Sufficiency of evidence and the need for court intervention are the two main considerations in this decision. Our office has several options: no charges, a warning letter, a youth court referral, informal Immediate Intervention, or a court filing.
If the matter is filed with the court, notice is given to the juvenile and his or her family. The court will appoint an attorney to represent the juvenile although the family is free to retain private counsel.
Families are responsible for the cost of an appointed attorney at the rate of $65 an hour. If parents or guardians are deemed indigent, the court may remit fees in part or in whole.
Once filed, the juvenile (called a "Respondent" in court) may request Immediate Intervention or answer to the charge. Immediate Intervention is a program for low-level first time offenders. It is an agreement between the Respondent and the court to follow a Immediate Intervention education program. If the program is completed, the case is dismissed without a finding of guilt. If Immediate Intervention is not requested or approved, the Respondent must answer the charges. Upon a plea of guilty to the charge, the court will adjudicate (or judge) the Respondent to be a juvenile offender. If the Respondent pleads not guilty, the matter is set for trial.
At trial, the District Attorney’s Office bears the burden of proof: beyond a reasonable doubt. The Respondent benefits from almost all the same rights an adult criminal defendant would have. If the Respondent is adjudicated by plea or trial, the judge has the power to make sentencing orders. The judge is authorized to order the Respondent on probation, in treatment, pay a fine and/or be placed in a facility.
