Juvenile Offenses in Michigan
In Michigan, juvenile cases are often handled in the family division of the county court.
Juvenile cases are intended to be rehabilitative rather than punitive, and “convictions” in the juvenile system are called “adjudications,” jail/prison sentences are replaced with probation and supervision, and the cases often take a long time to conclude before the court and the probation office are satisfied that the minor has been sufficiently rehabilitated or corrected. The case begins with a “petition” rather than criminal charges.
The Petition
The petition requires the minor to report to the court for intake, or an initial hearing, at which point the minor’s attorney can begin a dialogue with the probation office or prosecutor about the most constructive resolution to the case. Favorable resolutions include, for example, placing the case on the “consent calendar” for informal resolution without the involvement of the judge and without a juvenile adjudication being on the minor’s record. Another possible resolution is to offer a diversion or a plea under advisement, both of which result in no adjudication on the minor’s record after the successful completion of certain terms.
The Terms
The terms may include, for example, a letter of apology, improved school attendance, community service, and/or probation. If no resolution can be reached between the parties, the case will be scheduled for a hearing before a judge. The judge will again attempt to obtain a constructive resolution to the case. If no such resolution can be reached, the case will be set for trial. A juvenile trial is much like any other trial, with jury selection, opening statements, witnesses, and closing arguments. The jury must find that the prosecutor proved the case beyond a reasonable doubt in order to hold the minor responsible for the offense.
