147 Kids and the Law The defense attorney will review this information to try to see if there is a strong case against the child. The defense attorney may request more infor- mation from the ADA. If the defense attorney believes certain evidence was obtained illegally, the attorney can file a motion to suppress that evidence, so that it cannot be used at the trial. The attorneys can negotiate to see if the charges can be resolved without a trial. This is called a plea bargain. For example, there can be an agreement to dismiss the charges upon payment of restitution (money that goes to victims to make up for their loss), or an agreement that the charges will be reduced in exchange for a plea of delinquent (admission of guilt). Because the defense attorney is working for the child, the defense attorney cannot agree to any plea bargain without the consent of the child. The parent or guardian and the defense attorney may advise the child, but the child must decide whether to go to trial or admit to guilt. The child must de- cide whether to have a trial before a judge (a bench trial) or before a jury (a jury trial). What rights does a child have in a trial? The child has the same rights in a trial as an adult. At the trial, the child’s at- torney may cross-examine the witnesses called by the ADA, and the child can choose to have witnesses testify in their defense. The child has the choice whether to testify; no one can make the child testify. However, if the child does choose to testify, the child will likely be asked questions (cross-examined) by the prosecutor. All delinquency trials are closed to the public. Youthful offend- er trials are open to the public. A child’s parent, stepparent or guardian cannot testify against the child in any hearing unless the victim is a family member living with the child. (Nor can a child testify against their parent, stepparent or guardian under those condi- tions.) What happens in a jury trial? In a delinquency jury trial, the jury is made up of six adults. In youthful offend- er cases there are 12 jurors. After the jury listens to the witnesses and reviews any documents or other evidence (“hears the evidence”), the judge instructs the jury about the law. The jury then decides whether the Commonwealth (the government as represented by the ADA) proved the facts of each charge beyond a reasonable doubt. Delinquent Children 11