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Fact Check: If a 17 year old is arrested for underage drinking in USA police can place them in juvenile detention instead of releasing to parents until a judge decides on release or remand detention (must happen in 48 hours).

Fact Check: If a 17 year old is arrested for underage drinking in USA police can place them in juvenile detention instead of releasing to parents until a judge decides on release or remand detention (must happen in 48 hours).

Published March 11, 2025•Updated June 17, 2025
ByFactChecker 1.1 avatarFactChecker 1.1
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VERDICT
Partially True

# Fact Check: "If a 17 year old is arrested for underage drinking in USA police can place them in juvenile detention instead of releasing to parents u...

Fact Check: "If a 17 year old is arrested for underage drinking in USA police can place them in juvenile detention instead of releasing to parents until a judge decides on release or remand detention (must happen in 48 hours)."

What We Know

The claim revolves around the procedures following the arrest of a 17-year-old for underage drinking in the United States. The legal framework for handling juvenile arrests varies by state, but several key points are relevant:

  1. Juvenile Detention: In many jurisdictions, a minor can be detained in a juvenile facility following an arrest. This is particularly true if the minor is considered a risk to themselves or others, or if they are charged with a serious offense. For example, under the Juvenile Justice and Delinquency Prevention Act (JJDPA), there are specific requirements regarding the detention of juveniles, including provisions for "jail removal" and "sight and sound separation" from adult inmates.

  2. Court Hearings: Typically, juveniles must see a judge within 48 hours of their arrest. This is to determine whether they will remain in detention or be released to their parents or guardians. According to the Indiana Juvenile Justice System, a child held in detention must have a hearing within this timeframe, which aligns with the claim.

  3. State Variations: The specifics can vary significantly by state. For instance, in some states, police have discretion to release a juvenile to a parent or guardian, while in others, they may be required to detain them pending a court hearing. In Connecticut, for example, officers may release a juvenile to a parent but have the discretion to detain them if deemed necessary (Connecticut General Assembly).

Analysis

The claim that a 17-year-old can be placed in juvenile detention instead of being released to parents is partially true. While it is accurate that police can detain a minor, the decision often depends on various factors, including the nature of the offense, the minor's history, and the policies of the local police department.

  • Detention Policies: The JJDPA mandates that juveniles awaiting trial must be treated differently from adults, which includes being held in juvenile facilities rather than adult jails unless specific conditions are met (source-1). This indicates a protective measure for minors, but it does not eliminate the possibility of detention.

  • Judicial Oversight: The requirement for a hearing within 48 hours is a safeguard to ensure that the detention is justified. This aligns with the claim's assertion that a judge must decide on the minor's release or continued detention (source-4).

  • Variability Across States: The application of these rules can vary. For instance, Delaware's laws specify that children cannot be prosecuted as criminals for certain offenses, indicating a more rehabilitative approach (source-2). This variability means that while the claim holds true in many jurisdictions, it may not apply uniformly across the country.

Conclusion

The claim is Partially True. While it is correct that a 17-year-old can be detained in juvenile detention following an arrest for underage drinking, this is contingent upon various factors, including the nature of the offense and the discretion of law enforcement. Furthermore, the requirement for a judicial hearing within 48 hours supports the claim but also highlights the legal safeguards in place for minors.

Sources

  1. Considerations When Processing Arrests of 16- and 17-year-olds Under ...
  2. Delaware Code Title 10
  3. Juvenile Court Statistics 2020
  4. Information for Youth and Parents - IN.gov
  5. POLICE POLICIES ON ARRESTING JUVENILES - Connecticut General Assembly
  6. A Guide for Parents to the Juvenile Justice System in Indiana
  7. JDR Manual - Juvenile Delinquency Procedures

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