(4): Due Process Hearing When a juvenile is taken into custody at a neighboring detention facility, there will be a hearing held within 24 hours to determine whether the juvenile will remain in custody.

(5)

Preliminary Hearing This hearing is similar to an arraignment on a warrant in an adult prosecution. The juvenile is formally advised of the charge and the right to an attorney. The juvenile may plead guilty, not guilty, or no contest to the charge.

(6)

Waiver Hearing Under certain circumstances, the Family Division of the Circuit Court will hold a waiver hearing to determine whether a juvenile will be tried as an adult for the crime(s) charged. If tried as an adult, the juvenile will be under Circuit Court jurisdiction. The Prosecuting Attorney has the discretion to authorize charges against the juvenile as an adult and the case proceeds directly to Circuit Court without any intervention of the Family Division of the Circuit Court.

(7)

PreTrial Proceedings If the case is set for the formal calendar and the juvenile does not plead guilty, there will be a pretrial conference. Many events may occur prior to trial. The Court may hear motions to determine whether evidence will be admitted or suppressed at trial, or whether there is some legal reason why the juvenile should not be tried. The Prosecutor and the juvenile's attorney will often meet to determine whether the juvenile will plead guilty to the crime charged or to some other offense.

(8)

Adjudication If the juvenile pleads guilty at the preliminary hearing, the Court will hear the factual basis and decide whether to accept the plea. The juvenile is reminded of his constitutional rights and then will be questioned by either the Prosecutor or the attorney for the juvenile.

(9)

Trial Adjudication If the juvenile pleads not guilty, the case will proceed to either a jury trial or a bench trial.

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