DETENTION

HEARINGS

I like to refer to Juvenile Law as a cousin to Criminal Law. While many of the aspects of Juvenile Law are similar to Criminal Law such as offenses charged, Rules of Evidence, unanimous verdicts, there are some significant differences.


Detention Hearings- Juvenile Court is a quasi-civil court, technically falling in the Family Court System. Since it is not considered criminal in nature a juvenile held under its jurisdiction is not entitled to bail.


In Juvenile Law, if a juvenile is detained, he or she has the right to an initial hearing within 48 business hours of their detention. This hearing is called a Detention Hearing. The Judge presiding over the detention hearing has the right to detain or release the juvenile based on five distinct criteria.


  1. Likeliness to abscond
  2. Suitable supervision
  3. Ability to return to Court
  4. Dangerousness to himself/herself or the public
  5. Previous juvenile record


If the juvenile is not released, then a hearing must be held every ten business days to determine if the juvenile is eligible for release. And just like the adult court system, the Judge can place conditions on the juvenile's release.

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