Legal Question in Criminal Law in Louisiana
A police came to my house said that my son a gun after a fight had took place. He said serveral witness identify my son. i ask what did they say he is short with a peanut head. I said ok that's not good enough to arrest him. I ask what they said he had on he he did have a shirt on and he had some pants on. that wasn't true when he left home he had some shorts on. The amazing thing about this is that the witness could identiy what color of clothes he have on. Then they ask can they search the house i said yes. They didn't find anything. They said they are going to arrest him.if he come back home to call them. He came back home and i ask did he do this he told me he didn't. I took him to the police station and the officer came down did ask him anything and did read his mirranda rights and place him in his car and took him the the juvenile detention. Is the legal for the police to treat someone like this base on hear say know he is pending a charge. and is still in jail
1 Answer from Attorneys
If they feel they have evidence they can place the child in detention. He must have a probable cause hearing within 72 hours to show that they had sufficient reason to hold him. The District Attorney must then file a petition within 30 days or he should be released. If he is adjudicated delinquent they can hold him as long as the court says.
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