Furthermore, an officer may detain a person where it is suspected that a person is inadmissible on grounds of security, violating human and international rights, engagement in serious and organized criminality, or for failure to establish identity . A juvenile's rights will be explained in detail at every preliminary inquiry meeting, detention review hearing, initial hearing and modification hearing by a juvenile probation officer, a public defender and/or a judicial officer. A juvenile and the juvenile's parents will be given an opportunity at every hearing to ask questions about a juvenile's rights in juvenile court. In general terms and for informational purposes only, a juvenile's rights in juvenile court are listed below. Once a waiver motion is filed, Indiana law requires a "full investigation and hearing" into the request for transfer of jurisdiction into adult criminal court. This means that a waiver hearing before a judge must be scheduled.
If a juvenile is detained at the Allen County Juvenile Center, then the waiver hearing must be scheduled within twenty days of the filing of the petition to adjudge delinquency. If a juvenile is not detained, then the waiver hearing must be scheduled within sixty days of the filing of the petition to adjudge delinquency. A juvenile who is on a conditional release, including anklet supervision, is not considered detained for the purpose of this time limit.
The time limit for scheduling the waiver hearing does not include weekends and holidays. The time limit may be extended at the request of the juvenile or the juvenile's defense attorney. Informal adjustments are similar to an adult pre-trial diversion program and are frequently recommended when the juvenile has little or no history of delinquent behavior with the Court.
The intake probation officer must have probable cause to believe the juvenile is delinquent. The juvenile's parent, guardian or custodian, the juvenile, and juvenile's defense attorney must agree to the informal adjustment program. If the juvenile successfully completes the program, the case is closed. Informal adjustments can be used for both status and delinquency offenses. If a juvenile is arrested for a felony offense which is not under the jurisdiction of the juvenile court, the juvenile may be held at the Allen County Juvenile Center for a period of seventy-two hours after a probable cause hearing.
During this seventy-two hour period, the prosecutor will get the preliminary police reports and will make a decision about what type of charge to file. If the prosecutor determines that he or she will file the charge in adult criminal court, the prosecutor will request a warrant to transfer the juvenile to the Allen County Jail. A bond amount will be set by the adult criminal court and the juvenile will have the opportunity to post that bond upon his or her transfer to the Allen County Jail.
The prosecutor may decide to file a less serious charge which is not under the jurisdiction of the adult criminal court. In that case, the juvenile will remain at the Allen County Juvenile Center and a detention review hearing will be held at the conclusion of the seventy-two hour period. The juvenile's parent, guardian or custodian can talk to the judge at hearing about where he or she thinks is the best place for the juvenile to stay until the next hearing, including the parents' home. If the parent, guardian or custodian wants the judge to release the juvenile to the juvenile's other parent or a relative, that person must come to the detention hearing to explain to the judge why the juvenile should be released to that person. If the juvenile's parent, guardian or custodian thinks the juvenile should continue to be detained in the juvenile detention center, he or she can explain the reasons to the judge.
Conduct of hearing - The Immigration Judge may receive into evidence any oral or written statement that is material and relevant to the proceeding. The ROP that was used for the reasonable cause hearing will also be used for the continued detention review merits hearing. The alien has the right to be represented at no cost to the government and shall be given a list of free legal service providers. The alien has a reasonable opportunity to examine evidence against him or her, to present evidence and witnesses on his or her own behalf, and to cross-examine witnesses presented by DHS.
In addition, the alien has the right to cross-examine the author of any medical or mental health reports used as a basis for DHS's determination that the alien's release would pose a special danger to the public. In addition to receiving a written statement of rights, the Immigration Judge will explain these rights to the alien at the beginning of the hearing. Appeals - If the Immigration Judge finds that DHS has not met its burden of showing reasonable cause to go forward with a continued detention review merits hearing, DHS may appeal to the Board of Immigration Appeals.
The appeal must be filed within two business days after the Immigration Judge's order. The Immigration Judge's order dismissing the proceedings is stayed pending adjudication of an appeal, unless DHS waives the right to appeal. If the Board of Immigration Appeals determines that DHS has met its burden, the case will be remanded to the immigration judge to conduct a CDR merits hearing, scheduled to commence within 30 days from the Board's order. If you are a permanent resident or a foreign national, you have the right to an independent hearing to review why you are being detained.
When the CBSA detains you, it must tell the Immigration Division of the IRB. An IRB decision-maker called a member will then hold a detention review hearing within 48 hours of your detention or as soon as possible afterward. At the end of your hearing, the member will decide whether you will be released or stay in detention. If the juvenile's case is not waived into adult court and he or she does not admit the charges in the delinquency petition, the Court must hold a fact-finding hearing. If the juvenile has been detained in the juvenile detention center or placed in a shelter care facility, the fact-finding hearing must be held within twenty days of the filing of the delinquency petition.
Weekends and holidays do not count in this twenty day time limit. If the juvenile is not detained, the fact-finding hearing must be held within sixty days after the delinquency petition is filed. A juvenile who is on house arrest or electronic monitoring is not considered "detained" for purposes of this time limit.
This time limit may be extended if the juvenile or his or her attorney requests a continuance. A judicial officer will review the Pre-trial report to determine what conditions of release, if any, the pre-trial officer is recommending. The judge will also review any written submissions by the defense and the federal prosecutor.
A detention review hearing occurs when a permanent resident or foreign national has been detained by The Canadian Border Services Agency . This hearing is to determine whether or not the individual should continue to be detained, or if they should be released. CBSA is required to inform the Immigration Division of the Immigration and Refugee Board of Canada of the detention. A detention review hearing will be held within 48 hours of the individual being detained. If you are detained and you are a permanent resident or a foreign national, you have the right to an independent hearing to review why you are being detained. At the end of your hearing, the member will decide whether you will be released or stay in the detention centre.
Alternatively, the Court can delay its delinquency finding for up to twelve months. A juvenile who is detained in a juvenile detention center must be released within forty-eight hours of the hearing's conclusion until the Court makes its decision. If the juvenile's parent, guardian or custodian or the juvenile request that the judge make a ruling, the Court must decide the case within thirty days of the request. If DHS does not release the alien, the alien may file a motion with the Immigration Court to set aside its prior determination in the proceedings. The alien must show that, due to a material change in circumstances, the alien's release would no longer pose a special danger to the public.
If the Immigration Judge grants the motion, a new continued detention review merits hearing will be scheduled to be held within 30 days of the grant of the motion. If you are not released from custody, there will be a further detention review hearing scheduled as the Act requires. By law, detention reviews must be conducted no later than two days following an arrest.
If the person is not released, another detention review will be held in 7 days if the person has not yet been removed from Canada. If they are not released at the 7-day review, they will have another review every 30 days until released or removed from Canada. Reviews may be held before the next scheduled review by a request in writing to the IRB. The Immigration Detention Representation Program aims to provide immigration detainees in Ontario free legal representation in their detention review hearings, as stated in LAO's website. IDRP lawyers will be present at the start of each detention hearing, eliminating the need for an advance application.
If detained, you may be held in a provincial correctional facility or in an immigration holding center. While the review process starts promptly, it can be a long, drawn out process that lasts for weeks or even months. This can cause a great deal of stress, but retaining counsel can ease some of this. Based on the evidence provided at these detention reviews, the ID may order your release, with or without conditions, or maintain your detention.
Can You Go To Jail At A Review Hearing Retaining professionals who understand the law and the detention review process will help you understand what you are up against, and give you the best chance for a favorable outcome. Generally, juvenile hearings and records are confidential except in certain circumstances. But, once a petition to adjudge delinquency is filed against a juvenile, some hearings can be open to the public. If a juvenile is charged with serious offenses, such as murder or a felony, the hearing must be open to the public.
In some cases, the judge can keep the public out of the hearing if asked to do so by the juvenile, the juvenile's parent, the prosecutor or the probation officer, or if certain types of motions are being argued in front of the judge. Because the purpose of the juvenile court is to establish appropriate treatment plans to address a juvenile's delinquent behavior, the law aims to protect juveniles' privacy and to balance the needs of the community. As adjudicators did under the former Act, the Immigration Division reviews "the reasons for the continued detention" . Nor does the new Act draw any distinction between the first and subsequent detention reviews or impose any requirement for new evidence to be presented. Rather, at each hearing, the member must decide afresh whether continued detention is warranted. If the court does not sit within the county or city on the following day, such hearing shall be held before a judge within a reasonable time, not to exceed 72 hours, after the request.
There is quite a possibility that someone who has been detained, can be released at the discretion of CBSA officer or by an order of the Immigration Division only if a firm case is prepared and presented well before the authorities. If the person has not been released or removed then he is in detention. Detention reviews, as per law, must be conducted within two business days following an arrest. Another detention review is held in 7 days, if still not released at the 7-day review, they will have another review every 30 days until released or removed from Canada. If this happens, you will have an additional detention review hearing within seven days.
If after this second hearing you are still ordered to remain detained, these reasons for detention will be reviewed again within 30 days. This will continue every 30 days until you are released or removed from Canada. You are allowed to present new facts to support a request for release at each detention review. If you are arrested on a Thursday or Friday, your hearing might not take place until Monday, and often there are delays because of lack of resources.
Copies of the report must be made available, in advance, to the juvenile's attorney, court-appointed guardian ad litem, or court appointed special advocate, as well as to each attorney representing the juvenile's parent, guardian or custodian. In that case the Court may give a summary of the report to the juvenile's parent, guardian or custodian and the juvenile. Indiana law requires that all copies of the predispositional report must be returned to the probation officer at the end of the hearing to be shredded. The juvenile court may grant any person providing services to the juvenile or the juvenile's family permission to see the Court's records. The Court can also grant permission to see files on a case-by-case basis to other people depending on the circumstances. The Court must provide notice of the release to the juvenile and the juvenile's parents and order the school to keep the information confidential.
However, the school can release those same records to another school. Anyone who receives information in this way is required to keep the information confidential. Victims or their families may be granted access for the purpose of suing the juvenile and/or the juvenile's parent. Subsequent detention review hearings will follow after 7 days and then every 30 days until the ID is satisfied that there are no further grounds for detention. The ID reviews the grounds for detention to ensure that the person is not detained without sufficient reasons, and that the situation which led to the detention continues to exist.
A federal detention hearing is conducted by a judicial officer, as that term is defined in 18 U.S.C. Section 3156. A judicial officer is any person or court authorized to detain or release a person before trial or pending sentencing or appeal in any Court of the United States or any judge in a Superior Court of the District of Columbia. Magistrate Judges are judicial officers who are authorized to conduct detention hearings. When a minor is in custody on a non-serious or non-violent misdemeanor charge, the detention hearing must be held within 48 hours of arrest, not including weekends and holidays. If the minor is being held for a felony-level charge or for a violent misdemeanor, his or her detention hearing must be held within 72 hours, excluding weekends and holidays. The minor's parents must be notified of the time and location of the detention hearing.
If notice is not provided, the parents can request that another detention hearing be conducted so that they can personally appear. He's the #1 Immigration Lawyer in Canada, can solve any cases and is hard-working. If I had never met them, I'd be deported back to my country in Vietnam already by now. I had criminal record since 1992 and after that, the immigration decides to have a deportation on me. I live with my family in Canada with my parents, brother and sister. I soon got married and have 4 children, and still; the immigration still doesn't see me having any reason why I should stay in Canada.
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Timing - The continued detention review merits hearing is scheduled promptly. If the alien requests, the merits hearing is scheduled to commence within 30 days of the decision in the reasonable cause hearing. Lawyers at Mamann, Sandaluk & Kingwell have appeared in hundreds of detention review hearings and have an excellent understanding of the law as it relates to immigration arrest and detention. There is no law firm in Canada with more experience or a better track record representing clients who are in immigration custody than us.
When you are arrested by immigration, a notice of your arrest and detention should be forwarded to the immigration division at the immigration and refugee board without delay. You can call the registry of the Immigration Division for your region of Canada in order to determine when the next detention review hearing is scheduled. If you are not released at this point, another detention review hearing must be held within seven days. If you are not released then, your detention must be reviewed every 30 days after that, until you are either released or removed from Canada. Immigration should be taking steps with your file to have you removed to your country.
If you have co-operated and there is no movement on their behalf, you should consult a lawyer. Every year in Canada, thousands of immigrants are detained in holding centres and jails, and the numbers continue to grow year over year. Immigrants can be arrested without warrant and held indefinitely without charge, but all detainees are entitled to regular detention reviews. If you work with immigrant detainees, you need to know how to present an effective case at detention review hearings to secure their release.
