Offenses committed by people under the age of 18, “juveniles”, fall into two categories:
A status offense is something that is considered an “offense” only because it was committed by a juvenile. These include things like running away, being beyond the control of parents or teachers, and being truant from school. If an adult runs away, for example, that is not considered an offense, but if a juvenile runs away, that is considered a status offense under the law.
When a juvenile commits a criminal offense, the juvenile is charged with a public offense. These types of offenses are commonly known criminal activities such as burglary, theft, drug possession, and assault. Though the Commonwealth’s Attorney prosecutes felony offenses, all criminal offenses (both felonies and misdemeanors) committed by juveniles are prosecuted by the County Attorney, except in extreme, limited circumstances discussed below.
All charges against a juvenile start with the Court Designated Worker (CDW). When a juvenile is accused of committing an offense, whether a status offense or a public offense, complaints are taken through the CDW’s office at the Boone County Justice Center. The CDW is an officer of the court who takes information from law enforcement, parents or guardians, individuals, or school personnel, who can all bring complaints against juveniles.
It is only after the CDW takes the complaint that information about the alleged offense is given to the County Attorney, who then decides what, if any, charges should be filed and whether those charges should go before the judge. If charges are filed, the CDW will schedule an appointment with the juvenile and his/her parent or guardian. Some charges can be resolved at this level without court involvement.
If the charges cannot be resolved at the CDW level without court involvement, an arraignment is held before the District Court judge. All juvenile cases are held in District Court. The court may provide an attorney for the juvenile depending on the financial circumstances of the family. At the arraignment, the charges are read, and the juvenile has an opportunity to plead guilty or not guilty. In juvenile court, a guilty plea is called an “admission,” and a not guilty plea is called a “denial.” If a denial is entered, the case is set for trial, called an “adjudication.”
There are no juries in juvenile court. Witnesses can testify at the adjudication hearing, but a judge determines the truth or falsity of the charges. If guilt is established, the Judge sets the punishment, usually with input from the prosecutor and representatives of the Department of Juvenile Justice. This is done at a separate hearing known as a “disposition” hearing. Possible sentences may include restitution to victims, counseling, public service, monitoring by the court or the Department of Juvenile Justice, or confinement in a juvenile detention center.
In juvenile court, all proceedings are confidential and closed to the public.
The goal in juvenile cases is to rehabilitate and teach juveniles that their criminal actions are not appropriate.
In very limited, extreme circumstances, a juvenile accused of a serious public offense(s) may be tried as an adult. Before a juvenile can be tried as an adult, the County Attorney must first consult with the Commonwealth’s Attorney, who would ultimately be responsible for prosecuting a juvenile treated as an adult. A special transfer hearing is then held in District Court. The court will consider multiple factors when deciding whether to transfer, including the seriousness of the offense, if there are prior offenses, the use of a firearm, the threat to the public and persons, the mental state of the offender, and the prospect of rehabilitation. Ultimately it is up to the District Court judge to decide whether or not a juvenile is to be tried as an adult. If a juvenile is ordered to be tried as an adult, the case is transferred to circuit court and handled by the Commonwealth’s Attorney.
The Boone County Court Designated Worker’s Office is located in the Boone County Justice Center, 6025 Rogers Lane, Burlington, Kentucky, and may be reached at (859) 817-5850.