The juveniles who are detained must be seen by a judge within 24 hours. The judge reviews their case and decides whether or not to keep them in detention. A lawyer is appointed to represent the juvenile at that court hearing.
The rules a judge must follow in deciding whether or not to keep a juvenile in detention are:
- The juvenile otherwise will not be present at any hearing; or
- The juvenile is likely to commit an offense injurious to self or others; or
- The juvenile must be held for another jurisdiction; or
- The interests of the juvenile or the public require custodial protection; or
- The juvenile must be held pending the filing of a complaint pursuant to A.R.S. 13-501. (These are juveniles charged with an offense that might be prosecuted in adult criminal court.)
These rules were set by the Arizona Supreme Court and are referred to as Rule 23D.
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