Arrest and Detention of Juveniles
Augusta GA Juvenile Crime Lawyer
Juveniles are minors below the age of 21. The laws regulating juveniles are different from those for adults. Juvenile cases are tried in the Juvenile court. A thorough understanding of juvenile law is necessary to represent juveniles and lawyers practicing this legal field are ideal for providing legal representation to juvenile offenders.
Arrest of a Minor
A police officer can arrest a minor for felony or misdemeanor. The minors can be arrested without being witnessed committing the crime by the officer in charge. Only probable cause is required for police to take minor into custody. If the police officer believes that the crime was committed, he can take action against a minor.
Once arrested, there are a few options that the officer can resort to. These include:
• Letting minor off after a warning.
• Release him.
• Release and issue citation to appear before Probation Officer for action.
• Keep minor in custody of Juvenile Detention Authorities (Arrested minors cannot be put in detention along with adult offenders.)
The minor who is arrested has rights too. On arrest, the officer is required to inform minor’s parents or guardians regarding the same. The minor has right to make two phone calls, to parents and attorney. In the event of detention, officer has to take minor and present him in front of a Probation officer within 24 hours of arrest. The Probation officer has right to decide the course of action to be taken against charged minor. He can:
• Release minor.
• Order informal counseling for minor.
• Informal probation.
• Order for petition to be filed against minor.
• Advise minor about rights against self incrimination.
Detention
In the event of detention of minors, a petition has to be filed as soon as possible. The minor should be discharged within 21 days and those held in detention should be granted Detention Hearing in front of the judge. This hearing should be within 48 hours of arrest or 2 court days. The judge can release the minor and dismiss the case if he feels so. Thus in effect there are three avenues where the arrested minor can get his freedom:
• Police officer who arrests him.
• Probation officer who decides the charge.
• Judge.
Parents can demand a juvenile lawyer and if they cannot afford one, state will appoint one. Throughout the proceeding of case in court, the minor has the right to have his parents and lawyer present. When the minor’s case is being discussed, no other defendants or attorneys should be present in court.
Juvenile laws are different and should be handled with difference. The juvenile lawyer should be able to present the case in a manner that the judge is convinced that the minor be let off.