JDRC

Question 1

JDRC: Warrant Procedure -Permitted? Parent Info?

Answer 1

• Only to non-permitted warrants
• Must write the parent’s name and address at the bottom of the warrant.

Question 2

JDRC: Warrant Handling - Court Open vs. Closed?

Answer 2

• Court Open: Send the warrant directly to the court.
• Court Closed: Magistrate’s discretion. If the situation is deemed dangerous, have the police pick up the juvenile directly.

Question 3

Timeline for arrainging Juvenile?

Answer 3

72 hours

This deadline holds even if it requires going to another court to get the order processed

Question 4

JDRC: When can a Magistrate issue a charge/petition for a juvenile?

Answer 4

• When the JDRC court is closed AND the judge or intake officer is not “reasonably available” (defined as approx. 1 hour).
• DUI Refusal
• Previously convicted as Adult
• Appeal from Class 1 or Felony

Question 5

JDRC: What types of acts can a Magistrate issue a charge/petition for under the “court closed/intake unavailable” rule?

Answer 5

Delinquent Acts:
* Acts that would be crimes if committed by an adult.
* Violation of a court order.
* Violation involving possession or transportation of certain firearms.
* Refusal of a breath/blood test (DUI refusal).

Question 6

JDRC: Venue for juvenile offenses (when Magistrate issues charge)?

Answer 6

• Where the delinquent act occurred; OR
• Where the juvenile resides, IF BOTH the juvenile and the Commonwealth’s Attorney (CA) agree.

Question 7

JDRC: Retained Jurisdiction over Juvenile Offenses?

Answer 7

• JDRC retains jurisdiction over offenses committed before age 18 until the individual turns 21.
• After age 21, they would be charged as an adult (following intake review first), even for the pre-18 offense.
• Does NOT apply to status offenses (e.g., curfew violations).
• Also includes jurisdiction over Children in Need of Services (CHINS).

Question 8

JDRC: When can a complainant appeal the denial of a juvenile petition? (Condition 2 for Magistrate Authority)

Answer 8

• If the petition was denied for a Class 1 Misdemeanor or a Felony.
• The appeal is regarding the denial of Probable Cause (PC) ONLY, not the intake officer’s decision to divert the case.
• JDRC acts as the appellate court in this instance.

Question 9

JDRC: Procedure for appealing denial of a juvenile petition?

Answer 9

• Complainant must give the magistrate a copy of the written denial from intake/court.
• The appeal must be submitted in writing within 10 days of the denial.

Question 11

JDRC: When is a juvenile always treated as an adult? (Condition 3 for Magistrate Authority)

Answer 11

If the juvenile has been previously tried and convicted as an adult (presumably in Circuit Court).

Rule: “Once tried and convicted as an adult, always an adult” for future offenses.

Question 12

JDRC: Handling DUI Refusals for Juveniles? (Condition 4 for Magistrate Authority)

Answer 12

Issue a summons for the refusal offense.

Question 13

JDRC: When can a Magistrate consider bail for a juvenile?

Answer 13

ONLY IF the juvenile was arrested on:

• A magistrate-issued arrest warrant (where the magistrate decided not to send directly to court when closed).
• An indictment from Circuit Court (capias).

OR if the defendant is now 18 or older and arrested on a JDRC court-issued detention order. (Key: Age at time of arrest/process matters).

Question 14

JDRC: What happens if a juvenile is arrested but doesn’t meet criteria for being held (detention)?

Answer 14

Release the juvenile to their parent or guardian.

Question 15

JDRC: Jurisdiction based on Juvenile Victim - General Criteria?

Answer 15

When a juvenile is the victim AND the case involves:

• Ill treatment, abuse, abandonment, or neglect of children.
• Any violation of law that causes the child to come within the “purview” of the JDRC (e.g., makes them abused, neglected, delinquent, or in need of services).
• Offenses against the Juv person

Question 16

JDRC: Jurisdiction based on Juvenile Victim - Offense Type?

Answer 16

Applies to offenses “against the person” of the juvenile.
* Example: Robbery (YES).
* Example: Larceny (NO - typically GDC unless family members involved).

Crimes against the juvenile’s property generally go to General District Court (GDC), UNLESS they involve family/household members.

Question 17

JDRC: Jurisdiction Over Crimes Between Family/Household Members?

Answer 17

JDRC has jurisdiction over any crime involving parties defined as “family or household members.”

Question 18

DRC: Definition of “Family or Household Members” (Part 1)?

Answer 18

• Spouse / Ex-spouse
• Parents / Children / Grandparents / Step-parents / Legal guardians
• Brothers / Sisters (including half-siblings, but NOT step-siblings)
• Parents of a child in common (Note: being pregnant with a common child doesn’t count yet)

Question 19

JDRC: Definition of “Family or Household Members” (Part 2)?

Answer 19

• In-laws (ONLY IF they live together)
• Cohabitants (living together in a relationship akin to marriage) within the last 12 months
• Children residing in the same household as the parties.

Question 20

JDRC: Test for “Cohabitants”?

Answer 20

3-Prong Test (more than just friends):
* Duration, continuity, and permanency of the relationship.
* Consortium (mutual duties/support typical of marriage).
* Sharing of familial or financial responsibilities.

Question 21

JDRC: Who is explicitly EXCLUDED from “Family/Household Members”?

Answer 21

• Uncles
• Aunts
• Cousins
• Nieces
• Nephews

Question 22

JDRC: Jurisdiction if Parental Rights are Terminated?

Answer 22

If parental rights between the parties have been terminated, jurisdiction for offenses between them generally lies with GDC, not JDRC.

Question 23

JDRC: Domestic Assault & Battery (A&B) - Standard vs. Domestic Statute (18.2-57.2)?

Answer 23

• Standard A&B: Can be either assault or battery. If between family/household members, returnable to JDRC.
• Domestic A&B (18.2-57.2 per notes): Notes state it requires both assault and battery (covers act if against a family/household member). Always returnable to JDRC.

Question 24

JDRC: Felony Domestic Assault & Battery?

Answer 24

A 3rd conviction for Domestic A&B (under 18.2-57.2) within 20 years constitutes a felony, provided the offenses occurred on different dates.

Question 25

JDRC: Other offenses included under "Domestic Violence" jurisdiction?

Answer 25

* Malicious Wounding / Unlawful Wounding * Malicious Bodily Injury by Caustic Substance * Strangulation * Standard Assault committed against a family/household member.