If my 17 year old son goes to juvenile detention, at what age do they have to release him?

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If my 17 year old son goes to juvenile detention, at what age do they have to release him?

My son got charged with 3rd degree assault because he was trying to defend himself when a boy came to my son’s friend’s house to fight my son. So now he has court in the morning at the juvenile court and they are telling him that he could face up to a year in detention. However my son will be 18 in 7 months. And all they have is witnesses for the other boy and not for my son.

Asked on June 30, 2011 under Criminal Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  Do you have an attorney for your son?  He is entitled to an attorney and you need to have some investigation done as to the witnesses to the matter.  It seems that the odds are stacked against him from the way that you have written he question here and that makes me very nervous for him.  As for where he is to serve time should he be convicted, it is much better that he be charged as a juvenile and if convicted, sentenced accordingly. It is generally the law that his conviction be sealed when he reaches majority (18) so that he does not have a record.  Get help.  Good luck.


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