CHILDREN AND THE LAW
...Delinquency Matters
......Pre-Adjudication Issues
.........Speedy Trial-Stat. of Limitations
10 Cards On This Topic:

Petitions must be set and heard within 15 days if minor detained, and 30 days if not detained.

Rules for continuances of delinquency hearings.

Denial of juvenile's speedy trial motion to dismiss was not proper subject of interlocutory appeal.

Despite speedy trial violation and court's error in granting DA's mid-trial recess request, jurisdictional order affirmed where M could show neither prejudice nor miscarriage of justice.

Trial court did not abuse its discretion in finding importance of missing O's testimony and reason why he was not present were good cause to continue jurisdictional hearing beyond statutory time limit.

Absent proper grounds for a continuance, court must either release detained minor and reset jurisdiction hearing or proceed with jurisdiction hearing within statutory 15-day period.

General criminal statutes of limitations are applicable to Welf. & Inst. Code §602 petitions, based upon code violations charged.

Legal effect of pre-filing delay depends upon balancing of prejudicial impact of delay and justification therefor.

Legal effect of pre-petition delay is constitutionally determined by balancing of policy factors; dismissal of juvenile charges can be appropriate sanction for delay.

Detained minor must be released from custody if jurisdictional hearing not held within 15 days.