Juvenile Arrest and Detention

A police officer may arrest/detain a juvenile for either a felony or misdemeanor offense. Unlike the case with adults, the police do not have to personally witness a misdemeanor to take the juvenile into custody.

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How long can a juvenile be in detention for a juvenile crime?

When a juvenile is determined by a judge or jury to have committed a juvenile crime, the length of their sentence depends on the severity of their offense. A juvenile who is determined to have committed what would be a felony in adult court can spend years in a secure detention facility. State and federal rules regarding the length of a juvenile sentence vary widely.

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Do I have the right to a jury trial in juvenile court?

In some states, such as Kansas and New Hampshire, juveniles have a right to a jury trial in juvenile court. These states’ constitutions, the 6th and 14th Amendment of the United States Constitution, and judicial interpretations of the state and federal constitutions provide juveniles with the right to a jury trial. If you are being charged as an adult in criminal court, the U.S. Constitution provides you with the right to a jury trial.

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Am I entitled to bail out of juvenile hall like an adult can bail out of jail?

Unlike the adult criminal justice system, where the basic goals are to punish, deter, and maybe rehabilitate offenders, the main thrust of the juvenile justice system is to supervise, treat, and rehabilitate defendants to turn them from the criminal path before they become repeat adult offenders. Since this is the case, a juvenile does not have the right to a jury trial or the right to bail.

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