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When will a juvenile be detained?

When a juvenile is taken into custody by the police, the juvenile is usually released to the custody of a parent or guardian. However, there are certain situations where the officer who took the juvenile into custody can detain the juvenile. This can happen where the juvenile: committed a violent crime; has a criminal history; had a deadly weapon in his/her possession; or if the juvenile has nowhere to go. However, if a juvenile meets these criteria, it is not mandatory for the juvenile to be detained, but the officer may decide that detention is the best thing. Children that are 10 years old or younger must be released to their parent(s) or guardian.

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