When a child is taken into custody for an alleged delinquent act, the child may be released to a parent or guardian or placed in a juvenile detention facility. That decision may depend on the alleged offense, the child’s history, available supervision, and the circumstances surrounding the arrest.
If the child is not released, the arresting officer must promptly notify the child’s parents or guardian. The court must also review whether probable cause exists to continue holding the child.
When a child remains confined in a juvenile detention center, the court must generally conduct a continued custody hearing within three days after the child enters the facility.
At the hearing, the State must establish probable cause that the child committed the alleged delinquent act. The court must also decide whether continued detention is necessary or whether the child can be safely released under appropriate conditions.
Depending on the circumstances, the court may:
If probable cause is not established, the child must be released. Even when probable cause is established, the court may still release the child under conditions designed to ensure attendance in court and protect the child and the community.
Louisiana law establishes strict deadlines for the filing of a juvenile delinquency petition after the continued custody hearing.
When the child remains in custody, the State generally must file the delinquency petition within five days after the continued custody hearing.
When the child is released:
If the State does not file the petition within the applicable deadline, a child who remains detained must be released.
These deadlines can be important to the defense and should be carefully monitored from the beginning of the case.
Louisiana law also establishes deadlines for beginning the adjudication hearing, which is the juvenile-court equivalent of a trial.
Generally:
These time periods may be suspended or extended under circumstances authorized by law. When the deadline expires without legally sufficient cause for delay, the defense may seek the child’s release and dismissal of the petition. The right to dismissal generally must be asserted by written motion before adjudication.
A court may consider alternatives that allow the child to remain outside a secure detention facility while the case is pending.
Possible alternatives may include:
Under Louisiana law, participation in an alternative-to-detention program is treated as a form of detention for certain procedural deadlines. Placement in such a program does not constitute an adjudication and does not suspend the delinquency proceeding.
The continued custody hearing is an important stage of a juvenile case. It may determine whether the child returns home or remains confined while the case proceeds.
Early representation allows an attorney to:
Parents should not assume that the continued custody hearing is merely procedural. Decisions made during the first days of the case may affect the child’s liberty, education, family relationships, treatment options, and future.
Although most juvenile cases begin in juvenile court, certain serious allegations may expose an older child to prosecution in adult criminal court.
Whether adult prosecution is possible depends on the child’s age, the alleged offense, and the transfer or charging procedures required by Louisiana law.
Cases involving possible adult prosecution require attorneys who understand both juvenile delinquency proceedings and ordinary criminal court practice.
At Marino & Ehle, LLC, attorneys Joseph A. Marino III and Davidson S. Ehle III have defended young people in both juvenile court and adult criminal court.
Our attorneys understand the procedural protections, detention standards, filing deadlines, and trial requirements that apply in juvenile cases. We work with the child and family to address detention, release conditions, school concerns, treatment needs, and the defense of the underlying allegations.
We can represent the child at the continued custody hearing, advocate for release, monitor the State’s deadlines, and prepare a defense designed to protect the child’s future.
If your child has been taken into custody, prompt legal representation is important. The continued custody hearing may occur within days, and additional filing deadlines begin soon afterward.
Contact Marino & Ehle, LLC so that an attorney can review the allegations, explain the juvenile court process, and advocate for the child’s release and defense.
Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.
