He had the opportunity to be bonded out, but we have not done that. we were told you could ask for house arrest until his court date....or staffing hearing comes first. what are the rules? and what are the consequences for breaking those rules?
Criminal Defense Attorney
Juveniles and adults are treated differently.
Juveniles, if they are scored to be released (less than 12 points), can be put on home detention. In such a case, the parent signs a contract with the Dept. of Juvenile Justice (DJJ) that states the rules of release. usually, it is that the child can go to church, doctors, school and out with the parent but must otherwise remain at home. The parent, in effect, becomes his jailer and is held responsible to report violations, such as if the child were to sneak out of the house after curfew, for example. If the parent does not report such acts and the child is caught, theoretically the parent could be held in contempt of court and the child returned to detention.
As an adult, home detention rules are set by the judge issuing the order and can involve such things as electronic monitoring, hours of curfew, and a set list of places allowed to travel. It can also just be that the person is put in the care of someone else, such as a parent, but all these details need to be argued and set at a bond hearing. If violated, the defedant would be placed in the jail (or a warrant would issue) until a hearing is held.
If the child is charged as an adult, there will be no DJJ staffing or formal assessment necessarily, though I think it would be good to request one. Sometimes, the facts DJJ uncovers is good mitigation and if it is not, the report need not be shown to the court at all. Your attorney will decide how to handle that.
You said he was charged as an adult and had the opportunity to be bonded out - if that is accurate as far as it goes, then simply paying the bond or going to bonding company and paying 10% of the bond may be enough to get the child out of jail.
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