DuPage County Juvenile Detention Hearing Defense Attorney

Lawyers Defending Juvenile Clients in Detention Hearings in Illinois

When a minor under the age of 18 is arrested in Illinois and taken into police custody, a decision must quickly be made as to whether the child should be held in a secure detention facility, placed in a non-secure shelter care, or released to parents or guardians. If the police believe a minor should be considered for detention or shelter care, the first step is a detention screening. If the screener recommends detention, a formal detention hearing before a judge must follow within a few days.

The attorneys at Kathryn L. Harry & Associates, P.C. understand that the last thing parents want is for their child to be held in a local jail or juvenile detention facility, even if it is only for a few days. Children who end up in the juvenile justice system are often already traumatized and may be ill-equipped to handle the additional stress of being separated from their family. Our attorneys are skilled legal advocates who know the ins and outs of our local law enforcement and juvenile court systems. We are dedicated to providing your family with honest and personalized advice in which you can confidently place your trust.

Criteria for Detention in the Illinois Juvenile Justice System

When a minor has been arrested, an officer trained in juvenile screening can order the detention of a minor for up to 40 hours, excluding weekends and holidays, until a formal detention hearing can be held before a local judge (705 ILCS 405/5-501).

Only children age 10 and up may be ordered into secure detention in Illinois. Children under age 10 must be released to family or non-secure shelter care (such as a foster home) within six hours of arrest.

Under Illinois law (705 ILCS 405/5), two criteria must be met in order to hold a child in a secure detention facility between their arrest and trial. First, there must be probable cause to believe that the minor is delinquent (in adult terms, that they committed a crime). Also, secured custody must be justified for one of the following reasons: (1) It is urgent and necessary to protect the minor or other people or property, (2) The minor is likely to flee, or (3) the minor was taken into custody under a warrant.

Detention Hearings in the Illinois Juvenile Justice System

Prior to a detention hearing, the child's parent or guardian must be notified. The minor must be given adequate opportunity to meet with an attorney prior to the hearing and must be represented by an attorney at the hearing.

The judge will hear testimony from the State, the minor, his or her parents/guardians, and any other people with relevant and reliable information. After hearing all of the evidence, the judge will decide if the minor should be detained. The period of detention may last until the trial date or for 30 days, whichever comes first. Alternatively, the court may prescribe shelter care or may release the minor to parents/guardians.

Juvenile Defense Lawyers in DuPage County

If your child is at risk of being held in pre-trial detention, you need a juvenile defense attorney who knows how things work in your local circuit court system. The attorneys of Kathryn L. Harry & Associates, P.C. have decades of experience safeguarding the rights and well-being of under-18 clients. For a free consultation, contact our office at 630-472-9700. We provide legal counsel to clients in Addison, Downers Grove, Elmhurst, Hinsdale, Lombard, Oak Brook, Wheaton, and Westmont.