My court is having an odd issue come up- where a juvenile is released, "on conditions." However, no petition has ever been filed, no deferred contract has ever been signed and no court date has ever been set.
Juvenile Probation says "we never got enough info to prosecute." Juvenile Probation is fine with this process since the conditions of release closely resemble conditions of probation. They essentially have got the juvenile on probation- without ever having to prove their case or go to work. The defense attorney is fine with this because as it stands no case is being filed. So the case is just in no mans land.
My question is how long can this go on? Is there a date where something must happen or conditions of release are terminated- is it just like an adult being on bond forever? is it just a statute of limitations issue? Should the court allow this sort of procedure to occur?
Our court has the COR valid for 90 days from the date of entrance unless a petition is file and then they are in force until the disposition of the case.
There have been times - especially with a first offender or a juvenile we suspect is more in need of mental health assistance than criminal rehabilitation - that we leave them on Conditions to a set date...graduation, 17th birthday, end of school, or so on. Never more than 6-8 months, and the child knows when the release will be!
How long can a juvenile be in custody before trial? Any Limits? Have a juvenile who committs felony while 17 and in custody for crime committed two weeks prior while 16. Both are serious felonies and he is in adult lockup for the felony committed while 17.
