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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114802
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can a juvenile be put in detention without a detention

Customer Question

Can a juvenile be put in detention without a detention order?
Without the process of a detention hearing?
Without representation of an assigned attorney?
Does the judge have to officially assign the attorney?
Yes, this is my child.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Juvenile Detention Facility that is locked. No treatment Services. Juvenile charged with 1. Driving without owners consent.
2. Aggravated Misdeamenor- removing Ankle monitor for tracking purposes- owned by tracker.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If this were merely an arrest on an offense, then a detention hearing would be required within 72 hours. However, if he was also on probation as well as the new violations, then law enforcement does not need a detention order if the juvenile has committed an offense and was arrested, even if it was a misdemeanor offense, if he was on probation as it seems he was if he had an ankle monitor on him. Typically, when a juvenile is arrested, they must go to a detention hearing within 72 hours, but if they are on probation they can be detained on a probation hold which does not require a detention hearing (something that is frequently confused).
If he was not on probation, ankle monitoring, then he would be entitled to a detention hearing within 72 hours and would be appointed an attorney for the purposes of the hearing if you could not afford an attorney for him. IF this is a probation hold issue though, then no hearing would be necessary for the probation violation hold.

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