Juvenile Order Probable Cause Hearing: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Juvenile Order Probable Cause Hearing
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North Carolina
Control #:
NC-J-343
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FAQ
Probable cause hearing may refer to a preliminary hearing that happens well after the filing of charges, at which the court hears testimony in order to determine whether it's more likely than not that the defendant committed the alleged crimes. If the court finds probable cause, then the case may proceed to trial.
The Supreme Court has not ruled on whether juveniles have the right to bail, the right to a speedy trial, or the right to self- representation under the United States Constitution, and the North Carolina General Assembly did not extend those rights to juveniles as part of the Juvenile Code. G.S. 7B- 2405.
If the grand jury or the judge do not find probable cause, then the charges must be dismissed. when prosecutors have very limited evidence against a defendant in a criminal case, they may conclude that they do not have enough evidence to move forward in the case and dismiss the charges on their own.
Petition: A petition is the formal pleading that initiates a juvenile court case, which must be filed by a juvenile court counselor.A juvenile who is at least 6 but less than 16 also may be adjudicated undisciplined for being unlawfully absent from school.
The juvenile justice process involves nine major decision points: (1) arrest, (2) referral to court, (3) diversion, (4) secure detention, (5) judicial waiver to adult criminal court, (6) case petitioning, (7) delinquency finding/adjudication, (8) probation, and (9) residential placement, including confinement in a
Petition: A document filed in juvenile court alleging that a juvenile is a delinquent or a status offender and asking that the court assume jurisdiction over the juvenile or that an alleged delinquent be transferred to criminal court for prosecution as an adult.
Although courts with juvenile jurisdiction handle a variety of cases, including abuse, neglect, adoption, and traffic violations, the Juvenile Court Statistics series focuses on the disposition of delinquency cases and formally pro- cessed status offense cases.
How are juvenile cases handled? In North Carolina, juvenile cases are sent to the state district courts for hearings. These courts have authority over delinquent and undisciplined juveniles.