When a juvenile is arrested in Minnesota, the process is a little different compared to an adult. If they are arrested for a more serious crime, they may be detained until a juvenile detention hearing can take place. This hearing gets the ball rolling for how the juvenile case will play out, and it’s important that you understand this hearing in the event you or a loved one ever is involved in one. In today’s blog, we take a closer look at how the state of Minnesota handles juvenile detention hearings after an arrest.
The Basics Of Juvenile Detention Hearings
In many instances, an arrested juvenile will simply be released to the custody of their parents after they have been booked at the station. However, when the crime is more serious or violent in nature, the child may be held at a custody facility until a juvenile detention hearing can take place. This hearing determines if the juvenile will be released into the custody of an adult or if they will remain in custody for a while longer as their case plays out. These detention hearings need to be conducted rather swiftly, as the clock begins counting as soon as the juvenile is taken into custody.
- The hearing must take place within 36 hours of the child being taken into custody (excluding Saturdays, Sundays and holidays) if the child is being held at a juvenile detention facility or shelter care facility.
- The hearing must take place withing 24 hours (excluding Saturdays, Sundays and holidays) if the child is being held at an adult jail or municipal lockup.
At the most basic level, a juvenile detention hearing is conducted to determine if the child should be released ahead of trial or if they should remain in custody, and the general sentiment favors release. In explaining the juvenile detention hearing process, Minnesota Statute 260B.178 states:
“Unless there is reason to believe that the child would endanger self or others, not return for a court hearing, run away from the child’s parent, guardian, or custodian or otherwise not remain in the care or control of the person to whose lawful custody the child is released, or that the child’s health or welfare would be immediately endangered, the child shall be released to the custody of a parent, guardian, custodian, or other suitable person, subject to reasonable conditions of release including, but not limited to, a requirement that the child undergo a chemical use assessment, and a children’s mental health screening.”
So unless the juvenile continues to pose a threat, is a flight risk or their release to an adult could endanger the child, the child is to be released following this juvenile detention hearing.
In the event that the court determines the juvenile should remain in custody, the custody order will remain in place for eight days from the court order, excluding Saturdays, Sundays and holidays. If the juvenile was being housed in an adult facility, they must be transferred to a juvenile facility to serve this time unless a motion has been filed to refer the child for adult prosecution. After eight days, an informal review will be conducted to determine if the juvenile should remain in custody or be released. These informal reviews will continue every eight days (excluding Saturdays, Sundays and holidays) until the juvenile has been released or the court case has concluded. A representative for the juvenile can request a hearing, rather than an informal review, at any point if they wish to present new evidence to the court concerning why the detention should be discontinued or an alternative placement arrangement be made.
We’ve helped juveniles and their families during a juvenile detention hearing, and we can ensure you earn a favorable outcome if you end up at one of these hearings. For more information about our juvenile defense legal team, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
