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. He needs only probable cause to believe it was committed. He can even arrest upon reasonable cause to believe the minor a truant. The officer then has several options. He can release him with a mere warning or release him and refer him to appear before a community agency for counseling. He can release him and issue a citation to appear before a Probation Officer for further action, or he can directly have him kept in custody by Juvenile Detention Authorities. The minor cannot be put in with adult offenders.

The Officer is required to immediatelynotify the minor’s parent or guardian of the arrest. The minor is allowed two completed phone calls, to a parent and also to an attorney. If the officer decides on detention, he must take the minor before a Probation Officer within 24 hours of his arrest. The Probation Officer has the power to release the minor, order informal counseling, informal probation, or order a petition filed against him, upon release or while kept in custody.

The Probation Officer must also advise the juvenile of his rights against self incrimination, as any statements the minor makes may be used at trial to help the prosecutor’s case. The Prosecutor has a limited time to file the petition or the minor must be discharged and released (21 days in California), but any minor taken into custody and held, must be granted a Detention Hearing before a judge within two court days of his arrest. The Judge will then decide whether to release him pending disposition of the case in court. Thus, the minor passes through threepoints where he can be released: the police officer, the Probation Officer, and the Judge.

If the minor or the parents demand a lawyer, one will be appointed if they cannot afford their own juvenile law attorney, and the attorney’s first job will be to try and put together a convincing presentation to the Court as to why the juvenile should be released while the case is sorted out. At all stages in Juvenile Court, the minor has the right to have both his attorney and his parents present. Unlike adult court, no other defendants and no other attorneys may be present in court when the minor’s case is called and discussed.

However, in many respects, the juvenile has fewer rights than an adult offender. It is a very controversial system. Many decry the ultra leniency of the juvenile system, while others protest the lack of procedural protections given the minor. From the minor’s standpoint, it may be cold comfort that the Court has “his best interests” at heart when he is ordered held in custody (juvenile jail), without bail, without a preliminary hearing, without an officer even having seen the alleged misdemeanor committed, and without the promise of a jury trial.

Case Studies: Navigating Juvenile Arrest and Detention

Case Study 1: The Juvenile Justice System and Arrest Procedures

In the case of juvenile arrest and detention, police officers have the authority to apprehend a minor based on probable cause, even without a witness or guardian present. The officer must immediately notify the minor’s parent or guardian of the arrest and allow the minor to make two phone calls – one to a parent and one to an attorney.

The officer has several options after the arrest, including releasing the minor with a warning, referring them to a community agency for counseling, issuing a citation to appear before a Probation Officer, or keeping them in custody through Juvenile Detention Authorities.

At each stage, the minor’s rights and the involvement of legal representation are crucial factors in determining the outcome of the case.

Case Study 2: The Role of Probation Officers in Juvenile Detention

When a minor is taken into custody, they must be brought before a Probation Officer within 24 hours of their arrest. The Probation Officer has the authority to release the minor, order informal counseling or probation, or file a petition for further action.

The Probation Officer is responsible for advising the minor of their rights against self-incrimination and the potential use of their statements in court. The officer must also inform the minor of the limited time available for filing a petition, after which the minor must be discharged and released if no action is taken.

The Detention Hearing before a judge, which must occur within two court days of the arrest, determines whether the minor will be released or held pending the disposition of the case.

Case Study 3: The Importance of Legal Representation in Juvenile Arrest and Detention

Juveniles and their parents have the right to legal representation throughout the juvenile court process. If they cannot afford their own attorney, one will be appointed.

The attorney’s role is crucial in presenting a compelling case for the minor’s release during the proceedings. The attorney and the minor’s parents have the right to be present during all stages of the court proceedings. While the juvenile justice system aims to consider the best interests of the minor, critics argue that the system lacks adequate procedural protections.

The controversy surrounding the system highlights the importance of legal representation to ensure that the minor’s rights are protected throughout the arrest and detention process.