Legal Question in Criminal Law in California

custody

How long can a minor be detained in Juvenile custody before the Disrtict Attorney decides to press charges? What exactly are the rights of a minor when taken away from his mother for an alledged sexual offense? This minor age 13.


Asked on 2/12/03, 5:07 pm

2 Answers from Attorneys

David Diamond Diamond & Associates

Re: custody

IT IS MOST LIKLY 48 HOURS. But you would want to get prepared with witnesses for the first hearing.

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Answered on 2/13/03, 12:09 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: custody

Thank you for your posting.

Juvenile rules are slightly different than the typical criminal case. When a probation officer determines there is sufficient evidence to support a criminal case against a juvenile, he will file an "Application for Petition" with the District Attorney's Office. If the minor is detained in Juvenile Hall, the District Attorney's Office has 24 hours for misdemeanors and 48 hours for felonies (excluding weekends and holidays) from the time of the arrest to file the charges in Juvenile Court.

If the minor is released to his or her parents and the charges are filed, the minor is sent a notice to appear in Juvenile Court a few weeks later.

The decision to file the charges in Juvenile Court will be based on careful review of the petition and police report to ensure there is legal sufficiency in prosecuting the case.

I hope this information helps, but if you feel you have other questions or need representation, please feel free to contact my office directly at [email protected]. I'm happy to help in any way that I can.

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Answered on 2/12/03, 6:12 pm


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