I am doing research for my Intro to Corrections class.
I appreciate your attempt at researching your homework but Avvo is not that sort of a website.
This is a site which is geared toward real life lawyers providing what limited assistance that they might to real life folks who are in real world crisis; it is not study group forum.
If you want to learn juvenile procedure (CA juvenile procedure) then I suggest that you refer to your textbook. Unfortunately, the real world and the classroom are usually polar extremes. You are likely to fail your class by providing accurate real world answers to questions structured in academia.
Regardless, your question is unanswerable as it is unintelligible. How does the juvenile break the law again? What did the juvenile do the 1st time? Is the juvenile under court supervision?
Even if Avvo were an appropriate site for you to seek your answer (which it is not) there remain too many real world variables to answer this question as asked.
I suggest that you hit the books.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
If you some day attend law school, you will learn on day one the answer to all legal questions: "It depends." In this hypothetical case, it depends on why the juvenile was previously in the facility, what were the terms of release, how long was the juvenile out before violating, and what the juvenile did to break the law this time, just to mention a few. Ultimately, a judge will make the determination, though often the juvenile's attorney and the DA can come to an agreement.
I am not your attorney and I do not have all of the facts of your case. Any statements made herein are general, informational statements and are NOT legal advice tailored to your situation. For that, you need to consult with and retain legal counsel.
Criminal Defense Attorney
In the state of Kentucky, it is certainly grounds for "revocation of supervised placement," as it is called (for adults, the equivalent is parole revocation proceedings). I agree with others; it really does depend. However, I will add that whereas the person supervising adults (parole officer, or "PO") is relatively quick to inititate the administrative proceedings to revoke parole, in the juvenile system, there is a lot more hesitance. Again, it does all depend on the original adjudication & what the new allegations are, not to mention whether the child has a stabile home, is following rules (which are enforced, appropriately), & whether the child is going to school. Truancy is usually the first sign that something is wrong at home, & from what I have seen, frequently determines whether a child is placed in the first place, or after returning home, placed again.
Criminal Defense Attorney
The ProbationOfficer has all the power when making the decision to violate probation and detain in custody. Once the a detention happens, the DA, defense attorney, child, parents, and judge have a very short time to return to court. The Judge hears argument and possibly testimony and reviews the detention, issuing orders to detain or release as the violation is dealt with. The minor has the right to a contested hearing in the violation, and a non detained minor could later be ordered into custody.
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