Can a juvenile be released before charges are filed in juvenile delinquency court?

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

A juvenile may be released from a secure detention facility or jail before a prosecutor files charges against them in juvenile court. A judge may release a juvenile in a variety of ways. A Juvenile may be ordered to be released with no conditions to the care of a parent or guardian. A juvenile may be released to a non-secure detention facility, which is more like a house than a jail.

A juvenile who is released to a non-secure detention facility before charges are filed in juvenile court may be required to go to school regularly. A juvenile may be released to a secure or non-secure detention facility with consideration for placement in an alternate facility that treats people with substance abuse issues or mental health problems.

A juvenile may be released to the care of a parent or guardian before juvenile court proceedings are scheduled and he may be placed under house arrest. House arrest arrangements may require a juvenile to wear an electronic monitor, undergo random drug tests, attend school regularly, abide by a curfew, and maintain contact with a juvenile probation officer.

If a juvenile is held in custody in a secure detention facility or jail after their arrest, state rules typically require them to be brought for a detention hearing within 24-48 hours of their arrest. At the detention hearing, a judge determines how great a risk the juvenile poses to the community. The judge determines whether to release the juvenile at the detention hearing.

The judge has opportunities to release a juvenile at later juvenile court proceedings, including follow-up detention hearings, the arraignment, and motion hearings. State rules differ as to whether a juvenile has a right to bond before their adjudicatory hearing, or trial. A prosecutor has a limited amount of time to file charges against a juvenile in juvenile court before the prosecutor drops the case. If a prosecutor drops the case, the juvenile is automatically released from custody.

The timeline for juveniles differs from those for adults. If a juvenile is charged as an adult, there will be no juvenile court case. The case is transferred to criminal court and the prosecutor will be required to abide by the guidelines for adult criminal court.

Case Studies: Juvenile Release Before Charges Filed in Juvenile Delinquency Court

Case Study 1: Release to Non-Secure Detention Facility

In this case, a 15-year-old juvenile, John, is apprehended for an alleged offense. Before charges are filed in juvenile court, John is released to a non-secure detention facility.

This facility resembles a home environment rather than a traditional jail. John is required to attend school regularly while residing in the facility. This arrangement allows for a less restrictive environment while ensuring the juvenile’s well-being.

Case Study 2: Release to Parent or Guardian With House Arrest

Sarah, a 16-year-old juvenile, is taken into custody following an incident. Instead of being held in a secure detention facility, the court decides to release Sarah to the care of her parent or guardian.

However, certain conditions are imposed to monitor her activities. Sarah is placed under house arrest, requiring her to wear an electronic monitor, undergo random drug tests, maintain a curfew, attend school regularly, and stay in contact with a juvenile probation officer.

Case Study 3: Detention Hearing and Subsequent Proceedings

In this case, a 14-year-old juvenile, Alex, is arrested and held in custody at a secure detention facility. Within 24-48 hours of the arrest, a detention hearing takes place. During the hearing, a judge assesses the risk the juvenile poses to the community and decides whether to release them.

Subsequent proceedings, such as follow-up detention hearings, the arraignment, and motion hearings, provide further opportunities for the judge to consider the release of the juvenile.

Case Study 4: Dropping the Case and Automatic Release

Mark, a 17-year-old juvenile, is held in custody following his arrest. However, the prosecutor fails to file charges within the stipulated time frame. As a result, the prosecutor drops the case, leading to Mark’s automatic release from custody.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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