20 Sep 2012

Juvenile Released After 3 Days In Detension

0 Comment

JC was arrested as a juvenile and initially “detained” for 21 days. Attorney Garland was successful in persuading juvenile court to release JC three days later. Unlike adults, juveniles cannot bond out of jail.

A juvenile’s release is often based upon a scoresheet (juvenile risk assessment form) prepared by DJJ. The scoresheet often scores the primary offense incorrectly. It is up to the lawyer to argue in favor of correct scoring. To do this, the lawyer should be prepared to present evidence showing that DJJ has assessed the child improperly. Even if the scoresheet is accurate, the juvenile court retains discretion in most cases to order release. It is up to the lawyer to argue special circumstances favoring release.

After reviewing the case in detail, the State elected to file a “no petition”. In juvenile court, a no petition drops the charge.