Entry into the Juvenile Justice System

You enter the juvenile justice system when you attend an intake interview, when a petition is filed against you or when you receive a summons on a traffic case. The following examples are reasons you may come into the juvenile court system:

• If you are caught committing a crime and a police officer arrests you;
• If you are suspected of committing a crime and the police or someone else has evidence against you;
• If your parent, guardian, or school counselor files a petition or complaint about you. A petition is a legal document that says you are delinquent or a child in need of supervision (CHINS) and is the way to bring the case before the Judge;
• If you are given a written summons to appear in court when stopped by a police officer for a traffic violation or another minor offense;
• If you and your parent or guardian are instructed to appear in court by an intake officer after the police file an arrest report.

Entry Intake

When you have an intake interview or probable cause interview, you will meet with an intake officer who will talk to you, your parents, the arresting police officer, victim, and any other person who knows about the facts of your case. The intake officer is not a judge and cannot decide if you are guilty or not guilty. The intake officer's job is to determine if there is enough information to file formal charges in your case (probable cause). If the intake officer decides that there is probable cause, he or she will decide if your case should go to juvenile court or if your case can be handled outside of the juvenile court system. Intake interviews are held at the Court Service Unit located on the first floor of the Courthouse at 520 King Street in Old Town Alexandria.

If the intake officer decides that there is not probable cause you will not have to go to court. It is important to know that anything that you say to the intake officer during the intake interview is confidential and the intake officer cannot use what you say in court. However, the intake officer can use written reports or other statements from the police to make a recommendation to the judge when the court decides whether you must be held in detention or released to your parents/guardian while waiting to go to trial.

If the intake officer decides to file a petition against you for certain offenses, he or she will also recommend to the Judge whether you should be held in detention until you go to court. You can be placed in detention if the Judge believes you are a danger to others or to yourself or that you might not appear in court.

If the court is closed and you were arrested and charged with a serious crime, the intake officer is still required to meet with you in person (face-to-face or by video phone) and make sure you are informed of your rights. You may be held in detention until the next day that court is in session.

What are the possible results at Intake?

• Your case is closed if there is no probable cause,
• Your case is diverted, or
• Your case is petitioned to court

(Special note: If you are 14 or older and a petition is filed against you for certain serious crimes, such as felonious assault, some drug charges, burglary, arson, robbery, firearms charges and sex assaults, you could be tried and punished as an adult. The Superintendent of Schools where you live is notified if you are charged in court with a serious crime .)

What does divert mean?
The intake officer may decide that your case can be handled without going to court. If this is so, then your case will be diverted. When a case is diverted, a petition is not filed in the juvenile court. Instead, the intake officer will develop a diversion plan which is an agreement that you will sign requiring you to complete an assignment, such as community service or a treatment program. If you do not completely follow the assigned diversion plan, your case will most likely be referred to the juvenile court for the Judge to decide on your case.

Although you can have minor charges diverted from court, once you have been found guilty of a serious charge (felony), all new criminal charges must go to court.

If the intake officer decides that your case should be handled in juvenile court, an advisement of rights hearing will be scheduled.