M.D.E., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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M.D.E., a child detained on a battery charge, sought habeas corpus relief challenging his continued detention beyond the statutory 21-day limit. The court granted the petition and ordered his immediate release, finding the trial court violated Florida Statutes section 985.26(2) by extending detention without filing a motion for continuance or establishing good cause.
A child held in detention for more than 21 days without a continuance order or good cause for extension is entitled to immediate release. The trial court's December 6 order did not comply with statutory requirements because it failed to indicate the adjudicatory hearing was commenced or establish good cause for continued detention.
[1] A child may not be held in secure or nonsecure detention care under a special detention order for more than 21 days unless an adjudicatory hearing for the case has been c…
[2] Upon good cause shown that the nature of the charge requires additional time, a court may extend a child's detention for an additional 9 days if the child is charged with…
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Join FLexlaw to unlock all legal intelligence“A child may not be held in secure or nonsecure detention care under a special detention order for more than 21 days unless an adjudicatory hearing for the case has been commenced in good faith by the court”
The controlling statutory provision that the trial court violated by extending detention without proper procedural compliance.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceM.D.E. was charged with battery on a licensed security officer and taken into custody on November 18, 2016. A detention order entered November 19, 201…
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Petitioner, M.D.E., a child, filed a petition for writ of habeas corpus alleging he is entitled to release pursuant to section 985.26(2), Florida Statutes (2016). Section 985.26(2) provides:
A child may not be held in secure or nonsecure detention care under a special detention order for more than 21 days unless an adjudicatory hearing for the case has been commenced in good faith by the court, However, upon good cause being shown that the nature of the charge requires additional time for the prosecution or defense of the case, the court may extend the length of detention for an additional 9 days if the child is charged with an offense that would be, if committed by an adult, a capital felony, a life felony, a felony of the first degree, or a felony of the second degree involving violence against any individual.
§ 985.26(2), Fla. Stat.
Petitioner was charged with battery on a licensed security officer and taken into custody on November 18, 2016. The November 19, 2016 detention order directed that Petitioner be released from detention status no later than 5:00 p.m. on the 21st day, December 9, 2016, unless an order of continuance had been granted.1 On December 6, 2016, the trial court set the adjudicatory hearing for December 12, 2016. The Court ordered Petitioner to remain in secure detention until trial.
Petitioner argues that the continued detention to December 12, 2016 is erroneous, as no motion for a continuance or an extension of the 21 day period was filed. The State filed a response conceding the December 6, 2016 order did not indi*154cate 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). Petitioner is entitled to be released by 5:00 p.m. today.
Accordingly, we grant the petition for habeas corpus and order Petitioner’s release by 5:00 p.m. today.
PETITION GRANTED.
ORFINGER, COHEN and LAMBERT, JJ., concur.
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Citator
Cited By
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Z.J. v. State, 224 So. 3d 308 (Fla. 5th DCA 2017)…ed a continuance for cause, this was error. See § 985.26(2) (forbidding pre-adjudication detention longer than twenty-one days); § 985.26(3) (forbidding post-adjudication, predisposition detention longer than fifteen days); see also M.D.E. v. State, 206 So. 3d 152, 153-54 (Fla. 5th DCA 2016) (accepting State concession that child detained longer than twenty-one days without adjudicatory hearing was error). Accordingly, on remand, the trial court must either order Z.J. released or, if a continuance has been g…
Authorities Cited
- Z.R. v. State, 596 So. 2d 723 (Fla. 5th DCA 1992)
- M.A.M. v. Vurro, 2 So. 3d 388 (Fla. 2d DCA 2009)
- J.S. v. State, 182 So. 3d 890 (Fla. 5th DCA 2016)
- Elisha Thomas Jr. v. State, 182 So. 3d 890 (Fla. 1st DCA 2016)