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DCYS Program: Consequences for Mistakes, Going to Court, Violation Hearing and Expungement Information

What happens if I mess up?

Everybody makes mistakes. It’s a fact of life. At some time during your supervision, you’re going to make some poor choices. You might be afraid to be honest when you break the rules because you’re scared you’re going to get arrested. Your JSO is not going to arrest you every time you make a mistake. You’ll receive consequences to help you learn to make better choices in the future. Do not wait until you get caught. It will be better for you to go to your JSO first. The type of consequences you receive will depend on your supervision level and the seriousness of your mistake.

Going to court

Being in court can be very intimidating, especially when the judge is going to make decisions about what happens in your life. There are things you can do to show respect for the court and make a good impression on the judge:

  • Dress up – First impressions are very important. Before the judge hears anything about you and your case, he sees you. If you don’t come to court well groomed and neatly dressed, you are giving the judge the impression that you don’t take the court seriously. You don’t have to go buy a bunch of new clothes, but wear the best you have. Make sure your clothes are clean and pressed. Tuck your shirt in and wear a belt. Guys, put on a tie if you have one. Girls, don’t wear skirts that are too short or tops that show too much skin.
  • Don’t speak out in court without the judge’s permission. When court is in session, the only person you should be talking to is your attorney. If you want to say something to the judge, tell your attorney.
  • Be polite – When speaking to the judge, use sir/ma’am or your honor. Speak clearly and make eye contact with the judge.

Violation Hearing

A violation hearing is the one of the most serious consequences for not following the rules of your supervision. At a violation hearing, your JSO will submit a report to the court called an affidavit. In the affidavit, your JSO lists all of the ways you have not followed the rules of the court. Your attorney will talk to you about all of the things in the affidavit. If the judge finds that you DID break the rules, you will receive a new sentence. Some but not all of the sentencing options are:

  • Probation is extended
  • Your and/or your family are ordered to participate in services
  • Day Detention School
  • House Arrest without electronic monitoring.
  • Sanction – you could be ordered to spend up to 28 days in detention.
  • You could be removed from your home and placed at a group home, treatment facility, foster home, or juvenile correctional facility.

Expungement

When your case has been closed and you are no longer on supervision with DCYS, it might be possible for you to file documents with the court to remove your criminal history from public record.