Fact Check: If police decide to take minor to juvenile detention until judge decides on release, they cannot reverse that decision once minor is in detention and the minor must wait for the judge which must happen in a day or two.

Fact Check: "If police decide to take minor to juvenile detention until judge decides on release, they cannot reverse that decision once minor is in detention and the minor must wait for the judge which must happen in a day or two."

What We Know

The claim suggests that once a minor is taken into juvenile detention by the police, the decision is irreversible and the minor must wait for a judge to decide on their release, which must occur within one to two days.

1. Detention Decision: According to the Rules Governing Juvenile Proceedings, police can detain a minor if there is probable cause to believe that the minor has committed a delinquent act. However, the decision to detain is subject to judicial review shortly thereafter.

2. Judicial Review Timeline: The law mandates that a judge must review the detention and make a decision regarding the minor's release within a specified timeframe. For instance, North Carolina's guidelines indicate that a judge must determine the pretrial release conditions within 24 hours of detention. This aligns with the general principle that minors should not be held in detention longer than necessary without judicial oversight.

3. Reversibility of Detention: The claim that the decision cannot be reversed once the minor is in detention is misleading. While the initial decision to detain may seem final, there are legal mechanisms for challenging or appealing detention decisions. For example, the Family Guide to the DC Juvenile System states that parents can appeal a detention decision, indicating that there is a process for reconsideration.

Analysis

The claim is partially true. It accurately reflects the situation that once a minor is detained, they must wait for a judge to review their case, typically within a day or two. However, it inaccurately implies that the detention decision is entirely irreversible.

1. Source Reliability: The sources used in this analysis, including official legal documents and guidelines from juvenile justice systems, are credible and provide a clear understanding of the legal framework governing juvenile detention. The Rules Governing Juvenile Proceedings and the PDF on Pretrial Release Conditions are particularly relevant as they outline the procedural aspects of juvenile detention.

2. Critical Assessment: While the claim captures the essence of the judicial process regarding juvenile detention, it fails to acknowledge the nuances of legal recourse available to minors and their guardians. The ability to challenge detention decisions is a critical aspect that mitigates the claim’s assertion of an irreversible process.

Conclusion

The verdict is Partially True. The statement correctly identifies that minors must wait for a judge's decision regarding their detention, which typically occurs within one to two days. However, it misrepresents the nature of the detention decision as irreversible, overlooking the legal avenues available for contesting such decisions.

Sources

1. Rules Governing Juvenile Proceedings
2. PDF Satisfying Conditions of Pretrial Release When in Juvenile Detention
3. District of Columbia Juvenile Case Processing
4. Standards Relating to Interim Status - The Release, Control, and ...
5. JUVENILE JUSTICE SYSTEM
6. Delays in Youth Justice
7. Family Guide to DC Juvenile System
8. Delays in Juvenile Justice