How Long Can a Juvenile Be Detained Without a Hearing?

Posted on Friday, December 1st, 2023 at 9:00 am    

How Long Can a Juvenile Be Detained Without a Hearing

The juvenile criminal justice system differs from the adult criminal justice system. Navigating the juvenile justice system can be challenging for parents, especially if they don’t understand minors’ legal rights and treatment during detention. What is a detention hearing? Do juveniles get bail? What can your child expect if arrested or charged with a criminal offense?

At Bruno Law Offices, we know you have questions as a parent. You may wonder how long a juvenile can be detained without a hearing. Our elite Illinois criminal defense attorney can help you understand the juvenile justice system and answer your questions about the legal process for minors.

How Long Can a Juvenile Be Detained Without a Hearing?

In Illinois, a juvenile offender is an individual who has broken the law under 18. Most juvenile offenders face trial or consequences in the juvenile court system. Authorities may try minors accused of serious crimes, such as murder or sexual assault, as adults in the Illinois criminal court system.

Typically, law enforcement can only detain minors under 12 for six hours without a hearing. Minors between 12 and 16 can be held for at least 12 hours for a non-violent crime and up to 24 hours for a violent offense. This raises the question of how long a juvenile can be detained without a hearing in various circumstances.

Can a Juvenile Be Questioned Without a Parent or Legal Guardian?

Yes. Although it may seem unfair, law enforcement can often question a minor without a parent or guardian present, provided they reasonably attempt to contact them. Additionally, officers can immediately ask a juvenile before the parent or guardian arrives. However, when questioning takes place, a dedicated youth officer must be present. A youth officer is a law enforcement official who acts as a responsible adult and looks for the minor’s best interests.

Like adults, juveniles have legal rights. Most minors in stressful situations often don’t understand what’s happening and may fear appearing uncooperative to authorities. Even under the best circumstances, most young people do not know their legal rights following an arrest. In Illinois, the law designates juveniles as “protected persons,” meaning law enforcement cannot use deceptive techniques to obtain a confession.

Parents should know that, in most cases, officers do not need to provide legal counsel or wait for a lawyer before questioning a minor about their actions. The exceptions to the rule involve cases of homicide or sexual assault. A lawyer must be present for questioning when a minor under 15 faces charges of murder or sexual assault.

What Happens Once a Juvenile Is Charged?

How Long Can a Juvenile Be Detained Without a Hearing

In Illinois, authorities can either release minors to a parent or guardian for minor offenses or hold them in a detention facility for serious crimes. Many areas have separate juvenile facilities for offenders 17 and younger. Still, in smaller communities, authorities can detain a juvenile in an adult facility if there is a sight and sound barrier.

If authorities must hold the minor in custody, they must conduct a detention hearing within 40 hours. A judge reviews the case to determine if there is enough probable cause to believe the minor committed a crime. If so, the judge can proceed with the detention hearing and decide whether to release the juvenile to their parents or keep them in custody until trial.

At trial, the prosecution must prove beyond a reasonable doubt that the juvenile violated the law, but juveniles do not have the right to a jury trial. Their fate rests with the judge, so securing legal representation for your child is crucial.

Contact an Experienced Juvenile Criminal Defense Lawyer Now

If your child gets caught up in the Illinois juvenile justice system, you need the help of an experienced Illinois criminal defense attorney. Don’t take the juvenile justice system lightly. Consequences of a conviction can lead to significant repercussions for a minor and impact their future opportunities. Your family needs help. The defense team at Bruno Law Offices is here for you. Contact our Illinois office online or call (217) 328-6000 and request a confidential case review today. The attorneys in our law firm have the legal knowledge and proven track record to assist and help you with your case.

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