Juvenile Detention Hearings

Over the last decade lawmakers in Maryland have passed numerous laws to protect the rights of juveniles suspected of committing crimes. Police are no longer allowed to interrogate juveniles without first providing a lawyer and judges have been more receptive to granting motions to transfer cases from adult to juvenile court. At the same time, juveniles are still frequently being arrested and detained at a higher rate than anyone should feel comfortable with. Maryland law allows for the police to arrest and detain juveniles as they would an adult. This means that an officer can arrest a juvenile for a misdemeanor they personally observe or for a felony for which probable cause is established. Most juveniles are released to their parents after being charged, but the law provides that juveniles can be detained pending an adjudication hearing if certain conditions are satisfied. The law says these conditions are limited, but in reality, there are still numerous common scenarios where a juvenile can be detained. This includes any felony and any misdemeanor firearm offense. If your child has been arrested contact Maryland juvenile criminal defense lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes in bail review hearings and detention hearings and is available 7 days a week at 410-207-2598 to discuss your child’s case.

If your child is 16 or over and charged with a handgun offense or a violent crime such as first-degree assault, robbery with a dangerous weapon, carjacking or a sex offense in the second or third degree he or she will be charged as an adult. This means they will be booked and detained until released by a commissioner or a judge. District Court Commissioners can release a detained juvenile, but often will decide to hold without bond until a judge can view the case on the next business day. Keep in mind that all individuals have a right to be retained by an attorney at the commissioner’s initial appearance hearing, and having a lawyer may prove to be the difference between release and continued detention. Benjamin has secured the release of dozens of clients at the commissioner’s initial appearance, which can take place within a few hours of arrest. In Baltimore City the commissioner hearing typically takes much longer, and often pushes the 24-hour mark. Regardless, Benjamin can remain on call and stand by to argue for release when the commissioner hearing begins. He has successfully argued for the release of numerous clients facing felony charges such as first degree assault, robbery and possession of a firearm in a drug trafficking crime. If the commissioner does not release your child, he or she will be brought before a judge, and Benjamin can argue for release in court at a Maryland district court bail review.

In Maryland, children under the age of 16 are almost always charged as juveniles. The only exception is for first degree murder, which must be charged in adult court unless the defendant is 14 or younger. Juvenile suspects who are not immediately released to their parents must be taken before a magistrate judge or a designated juvenile judge. The process is similar to a bail review hearing, but in Maryland it is called a juvenile detention hearing. Juveniles who are not released by a magistrate judge can immediately appeal the decision and have the case heard by a circuit court judge. This can usually be done on the same day. If the circuit court judge does not release the child, he or she will be brought back to court every two weeks for a detention review hearing. Benjamin fights for the release of all juvenile respondents and does whatever it takes to return your child home where he or she belongs. If your child has been arrested contact Benjamin anytime to discuss strategies for prevailing in a detention hearing or bail review.

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