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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116294
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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once police take juvenile into custody how long do they have

Resolved Question:

once police take juvenile into custody how long do they have before they have to take that juvenile to a processing office? does the juvenile have to have a migrate's warning? how does this differ from adult arrest
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
There is no set time frame that the juvenile must be transported to the processing office, this is based on the reasonable time it takes the officer to complete their investigation. The officers have to advise the juvenile of their Miranda Rights, just like an adult, only if they are going to question the juvenile about the incident, but if there is no questioning then no Miranda Rights are required. The differences between the two arrests are that they must be taken to a separate facility for processing that does not process adults, that they are held separately from adults, that the report on the arrest be submitted within a reasonable time after the arrest and also that the officer has the discretion to do what is known as a custodial release where they can sign the juvenile over to a parent or adult instead of physical arrest. If the juvenile is held over then they must appear before the juvenile court within 24 hours (business days) of their detention.

Also, juveniles are not found guilty, they are adjudicated delinquent.


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