If the case is not dismissed due to substantive motions, or a "Plea Agreement" is not reached, then an "Adjudication Hearing" (i.e. trial) will take place. The Adjudication Hearing is identical to adult court Trials. In other words, the prosecution will make an opening statement, followed by the defense attorney. The prosecutor will then call all of their witnesses to the stand and those witnesses will be "questioned on direct examination". The defense attorney will then "cross-examine the witnesses", followed by the State conducting "redirect examination". Once the State has presented their case, then the defense can present their case (if they so choose). This can include having other witnesses testify on the juvenile's behalf, and even having expert witnesses testify. The juvenile will also be given the opportunity to testify, if he so desires. If he does not testify, this cannot be used against him in the Judge's decision (the same rights that are afforded to adult defendants).
After the defense is concluded, then the State can determine if they wish to call "rebuttal witnesses", to challenge the defense witnesses. At the end of all testimony, then the State will present "closing arguments" followed by the defense "closing arguments", followed by the State's final "rebuttal closing argument". The Judge will then determine whether the case has been "proven beyond a reasonable doubt", and then the Judge will make his ruling. If the juvenile is found to be "not delinquent" (i.e. not guilty) then the juvenile is released and can walk out of the courtroom. If the juvenile is found to be "delinquent" (i.e. guilty), then the Judge will set the matter over to a "Disposition Hearing" (i.e. "Sentencing"). At that time, the Judge can again address release conditions and either release the juvenile, or take the juvenile into custody pending the Disposition Hearing.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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Dismissed |
07/11/08 |
Super Extreme DWI, Extreme DWI, and DWI Only |
Not Guilty |
06/11/08 |
Unlawful Flight |
Dismissed |
06/11/08 |
DUI & DWI |
Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
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May 19, 2008
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