Asked in Criminal Law, Civil Rights and Juvenile Law for Minnesota

Q: Is it legal to hold a child (12) in Minnesota jail without letting parents see them at all.

My 12 year old brother has been arrested for assault for stabbing a staff member in his mental health group home with a knife. He was arrested and is now on a 36 to 72 hour hold in county jail waiting to see a judge. Is this legal? Minnesota says someone under 14 cannot commit a crime. How do you arrest and detain someone not committing a crime. My parents want to check on him due to his mental health condition and they are being denied visiting.

1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Last time I checked, the minimum age in Minnesota was 10, for prosecuting criminal violations in juvenile court. But a lawyer may have been able to help with these issues. Another idea would be to talk to the medical staff or social worker in the juvenile detention facility.

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