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In the Matter of Appeal in Maricopa County

122 Ariz. 252, 594 P.2d 506 (1979)

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In the Matter of Appeal in Maricopa County

Arizona Supreme Court
122 Ariz. 252, 594 P.2d 506 (1979)

Facts

Police arrested a juvenile (defendant) for disturbing the peace. The police alleged the juvenile released a German Shepherd dog to attack the police. A formal complaint describing the juvenile’s conduct was filed with a juvenile probation officer. After the complaint was filed, the juvenile probation officer decided to hold the complaint for possible adjustment. The county attorney’s office then received a police report describing the incident. After receiving the police report, the county attorney’s office filed a formal petition in juvenile court, alleging the juvenile violated his probation by disturbing the peace. The juvenile, through his attorney, filed a motion to dismiss the petition, arguing the county attorney was precluded from filing the petition after the juvenile probation officer held the complaint for adjustment. The juvenile court denied the motion. The juvenile then appealed to the Arizona Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Holohan, J.)

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Children and Juveniles

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