Disposition

Disposition is the legal action taken at the end of a juvenile trial. If the judge determines the charges that were brought against the child are true, a disposition hearing is set right after the jurisdiction hearing. If there are conflicting schedules, a disposition hearing can be set within 10 days if the minor is in custody, or within 30 days after the DA filed the petition, or if all parties involved agree, then the hearing can be scheduled later. The judge decides at the disposition hearing what to do for the minor's care, treatment and guidance, including the form of punishment.

Prior to the disposition hearing, the probation officer has to complete a "social study" of the minor for the court. All involved members of the case get a copy of this before the disposition hearing. The study contains all the pertinent information to be used in deciding what should happen to the minor. The study presented at the disposition includes family or school history, past criminal history, a statement from the victim if the current charges are felonies, and recommendations on treatment or punishment.

At the disposition hearing, the district attorney and the minor can show the court evidence to help the judge decide. The victim can also give the court a written or oral statement at the disposition hearing. The judge can than consider several aspects when reaching a decision, including how to protect the community and keep it safe, how to correct the victim's injury, and what is the best solution for dealing with the minor.

After the presentation of evidence and information from both sides, the court can make a decision on the case. If the judge believes the charges are weakly supported, he or she may dismiss the case. This judgment will be reached only if necessary for the interest of justice and the good of the minor, especially if the minor doesn't need treatment or rehabilitation. The judge can also p ut the minor on informal probation, usually lasting for 6 months.

Another remedy is to make the minor a ward of the court. This allows the court to make decisions regarding the child, instead of the parents. The court can make decisions about the care, treatment, and guidance for the minor. The judge can take control of the minor or limit how much control the parent or guardian has over the minor.

If the minor is a ward of the court, the judge has the power to send the minor home on probation with supervision, s end the minor to live with a relative, put the minor in foster care, a group home, or institution, or send the minor to a local detention facility. If it is decided that the minor will be placed in a relative's home, a foster care, or a group home, a case plan for the future is put together, in which the court agrees to review the child's placement regularly.

If the minor is locked up in a secured facility, the judge has to decide the maximum amount of time the minor can be locked up. The judge can set terms and conditions for a minor on probation. These limitations can be strict and the minor may have to give up some rights, but the conditions are meant to be reasonable and best for the minor. The judge's orders can entail the child going to school without missing a day, attending counseling with the parents or guardians, imposing a curfew, random drug and alcohol testing, community service, pay fines or other restitution.

Proving that the child is innocent before the disposition can reduce the severity of any repercussions. If you suspect that your child's case will go to disposition, an attorney can help you with alternative sentencing plans in the best interest of you and your child.

If you would like to speak to a qualified and experienced attorney in your area, please contact us.