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for something like a d.u.i. or public disturbance. because i have his anoying freind who wont stop bragging about how he was arrested for loitering (he think this makes im cool for some reason) he says he was kept in jail for a week and thats why he wasnt at school but no one believes him. could he be telling the truth

2007-09-27 15:29:19 · 6 answers · asked by gabe s 1 in Politics & Government Law & Ethics

County jail not prision

2007-09-27 15:39:26 · update #1

6 answers

Unless there were other charges, it's highly unlikely he was kept in detention for a week on a loitering charge. By the way, even if he were kept for a week, it wouldn't be the same as adult jail. It would have been in juvenile detention, unless the state filed for a waiver so that he would be charged as an adult. And that would mean a hearing, and he'd have to be in juvenile detention until the waiver hearing. To be waived, it would have to a high level felony, such as child molesting, murder, attempted murder, a burglary involving a weapon, or another serious offense. Loitering would be a misdemeanor, and there is no judge in this country who would waive a juvenile on a misdemeanor charge. It would be illegal and unethical to do so.

When a juvenile is first placed in detention for an offense, there has to be a detention hearing with a certain amount of time. It has to be held within 24 hours (not counting weekends and holidays) for a status offense. That would be an offense that would not be a crime if committed by an adult, but is a crime when committed by a juvenile. Those offenses are Runaway, Illegal Consumption, Possession of alcohol, or Incorrigibility.

For an offense that would be a crime if committed by an adult, which would be a felony or a misdemeanor, the detention hearing has to be held within 48 hours, not counting weekends and holidays.

At that hearing, the judge listens to testimony by the arresting officer and/or the probation officer, and makes a determination on whether detention is essential to protect the child or the community. If she/he says that detention is essential, the child could be returned to the detention facility for a few days while charges are being filed. Then the juvenile would be returned to court for the initial hearing to either admit or deny the allegations of the arrest.

It's highly unlikely that someone would be returned to detention following the original detention hearing for a charge of loitering.

I know for a fact that my judge would be ticked off if I sent someone to detention for a charge like that.

Juvenile detention is "jail", but it has to sound and sight isolated from any adult offenders. That means the adults cannot see or hear the juveniles, and vice versa.

Juvenile detention can be individual cells, same as adult jails. There might be regular doors (with a window) instead of bars.

So, in my experience as a probation officer, your 'friend" is lying.

2007-09-27 16:03:51 · answer #1 · answered by Mama Pastafarian 7 · 0 0

He can be taken to jail. But most state laws don't allow juveniles to be housed near adult prisoners, so they must be kept in a separate part of the jail. Also, most states have restrictions on how long juveniles can be held.

Generally they are taken to a county juvenile detention facility and held there until the parents show up. They are then released to the parents or legal guardian. At most they are held until the next day when they are brought before a family court judge. A judge then decides what to do. He can certainly decide if the juvenile needs to be held longer, but that is only done in cases of serious crimes.

It is extremely unlikely that juvenile would be held in "jail" for a week.

2007-09-27 22:36:34 · answer #2 · answered by Kenneth C 6 · 0 0

arrested for loitering. Sounds doubtful to me, most times the parents are called and the child is released into their custody. Loitering isnt that big of a crime.

2007-09-27 22:38:08 · answer #3 · answered by sawxwoodsy1980 3 · 0 0

Uh. Why not go over to the jail and find out. Its probably public record.

2007-09-27 22:41:37 · answer #4 · answered by krollohare2 7 · 0 0

ask this bragging friend for a copy of the police report--it will tell you what you want to know, such as if he is lying.

2007-09-27 22:35:54 · answer #5 · answered by Mike 7 · 0 0

In Iraq or in France?

2007-09-27 22:34:05 · answer #6 · answered by bobanalyst 6 · 0 1

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