J.S. v. State, 182 So. 3d 890 (Fla. 5th DCA 2016). · Go Syfert
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J.S. v. State, 182 So. 3d 890 (Fla. 5th DCA 2016). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: M.D.E. v. State (fladistctapp, 2016-12-09)
Top citers, strongest first. 2 distinct citers.
discussed Cited "see, e.g." M.D.E. v. State
Fla. Dist. Ct. App. · 2016 · signal: see also · confidence low
The State filed a response conceding the December 6, 2016 order did not indi cate that the adjudicatory hearing was commenced or that there was good cause for a continuance, and agreed that Petitioner is entitled to relief. “[A] juvenile held in detention for more than twenty-one days during which no continuances have been granted is entitled to immediate release unless there have been new charges filed against the child in the interim.” Z.R. v. State, 596 So.2d 723, 724 (Fla. 5th DCA 1992); see also J.S. v. State, 182 So.3d 890 (Fla. 5th DCA 2016).
discussed Cited "see, e.g." M.D.E. v. State
Fla. Dist. Ct. App. · 2016 · signal: see also · confidence low
Including the first day of detention under court order in the 21 day calculation, but not the initial 24 hour detention prior to the order, the 21st day is today December 9, 2016. 2 twenty-one days during which no continuances have been granted is entitled to immediate release unless there have been new charges filed against the child in the interim." Z.R. v. State, 596 So. 2d 723, 724 (Fla. 5th DCA 1992); see also J.S. v. State, 182 So. 3d 890 (Fla. 5th DCA 2016).
J.S., A Child
v.
STATE of Florida
No. 5D16-98.
District Court of Appeal of Florida, Fifth District.
Jan 12, 2016.
182 So. 3d 890
Robert Wesley, Public Defender, and Laura J. Klossner, Assistant Public Defender, Orlando, for Petitioner., Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley -Heidt Assistant Attorney General, Daytona Beach, for Respondent.
Cohen, Evander, Orfinger.
Cited by 4 opinions  |  Published
PER CURIAM.

J.S., a juvenile, petitions for a writ of habeas corpus, seeking his immediate release from custody. We grant the petition and order J.S.’s immediate release.

A child may not be held in secure or non-secure detention for more than twenty-one days unless an adjudicatory hearing for the case has been commenced. See § 985.26(2), Fla. Stat. (2015). The trial court’s authority to place juveniles charged with or found to have committed delinquent acts in secure detention is entirely statutory, and therefore, strict compliance with the statute is necessary. See B.R. v. State, 145 So.3d 196, 198 (Fla. 2d DCA 2014). J.S. was taken into custody on December 21, 2015. More than twenty-one days has elapsed and the adjudicatory hearing has not commenced. Thus, J.S. is entitled to be released.[1]

HABEAS CORPUS GRANTED, IMMEDIATE RELEASE ORDERED.

ORFINGER, EVANDER and COHEN, JJ., concur.
1

While the State correctly argues that the twenty-one day period can be extended upon a showing of good cause, no such showing was made in this case. § 985.26(2), Fla. Stat. (2015).