PDA

View Full Version : legal question



LMILLER111
04-05-2011, 03:08 PM
stupid question perhaps. I'm just wondering if "Bail" is the same for kids as it is for adults. like if a kid gets arrested for break and entering, does the judge impose a bail, or does the age of the kid mean that they're less worried that they won't show up for trial so no bail money is necessary?

In my story the kid is 13.

jclarkdawe
04-05-2011, 04:22 PM
stupid question perhaps. I'm just wondering if "Bail" is the same for kids as it is for adults. like if a kid gets arrested for break and entering, does the judge impose a bail, or does the age of the kid mean that they're less worried that they won't show up for trial so no bail money is necessary?

In my story the kid is 13.

Juveniles are released to the custody of their parents, making their parents responsible for them showing up at court. Parents can be held in contempt of court for failing to bring their child to court when hearings are scheduled. Juveniles can be held in pre-hearing confinement (technically juveniles don't have trials, they have hearings -- same thing in the long run).

Best of luck,

Jim Clark-Dawe

ajkjd01
04-05-2011, 05:24 PM
I agree with Jim...

The only difference would be if the child was charged as an adult; there would be several legal hurdles to get through before that was decided, during which time the juvenile court judge would determine whether the juvenile was in detention or not.

If the decision was made to bindover the child for trial as an adult, and the accompanying hurdles to get there, once the case hit adult court, a judge could set bail.

This is very very rare. In my state, it almost never would happen on a breaking and entering charge (lower level felony). It could happen on a murder/aggravated murder/aggravated robbery/forcible rape (for example) type of case.