Legal Opinion

J.S. v. Seeber

District Court of Appeal of Florida

Decided January 16, 2018No. CASE NO.: 2D18–0056Published

1Opinion of the Court

The petitioner's petition for writ of habeas corpus is granted. Within twenty-four hours, the trial court shall hold a second hearing pursuant to section 985.255(3)(a), Florida Statutes, "to determine the existence of probable cause that the child has committed the delinquent act or violation of law that he or she is charged with." § 985.255(3)(a), Fla. Stat. (2017). Should the trial court find probable cause that the petitioner committed one or more of the crimes charged, the trial court shall then determine the need for continued detention and shall use an amended Risk Assessment Instrument…

2Cases cited1 opinion

  1. D.P. v. StateDistrict Court of Appeal of Florida · 2009

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