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CMPD faces challenges with keeping juveniles charged with crimes in custody

Even after a teen is arrested for a crime, police sometimes have no choice but to release them back to their parents or guardians.

CHARLOTTE, N.C. — Leaders across Charlotte are concerned over the rise in crimes involving teens. The Charlotte-Mecklenburg Police Department reported more than 3,000 juvenile arrests last year, a 34% increase from the previous year. 

Another issue CMPD faces is keeping these teens in custody after they are charged with a crime.

CMPD said the department is committed to making sure teens who commit crimes are held accountable for their actions. However, even after a teen is arrested police sometimes have no choice but to release them back to their parents or guardians.

“There is an epidemic of juvenile-related violence in Charlotte right now,” Timothy Cannady, a partner and attorney with Jetton & Meredith, PLLC, said.

In 2023 alone, 108 teens were named suspects in shootings, up 33% from 2022.

“We are finding out more and more that conflicts, particularly between young people are not being settled with words or even fists but with a bullet and trigger,” CMPD officials said.

In some cases, if a teen commits a crime and is under 18, police can request a secure custody order from the Department of Juvenile Justice to hold the teen in detention.

“It’s kind of a judgment call -- the judge will be presented with evidence from prosecutors,” Cannady said. “And the juvenile’s attorney, whether it is the public defender’s officer or private council.”

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After hearing the evidence Cannady said a judge weighs in on a list of criteria -- including if the teen is a danger to themselves or the public -- to grant a secure custody order or not.

“This particular juvenile deserves it because of the nature of the crime, what their prior records look like,” Cannady said. “Are they already on some sort of custody agreement?”

However, not all orders are approved. Just weeks ago, police arrested a 15-year-old who allegedly participated in a disturbance on New Year’s Eve in Uptown. The teen was charged with having a gun and resisting a public officer. Police say the teen had recently cut off his ankle monitor. 

Despite this, a secure custody order was denied by the Department of Juvenile Justice so he was released back to his family. CMPD Chief Johnny Jennings said incidents like these are far too common.

“We are far too often missing the boat on that because when you talk about a child who has been arrested 20-30 times and they are out roaming the streets until they have a court hearing on their case... I think that is a failure for that juvenile and for our community,” Jennings said.

As CMPD gets more cases involving teens, so does the Department of Juvenile Justice.

“Do they have the resources they need to take on the influx of numbers we are providing to them... just from the police side," Jennings said. "That needs to be evaluated. If not, then let’s get them the resources so they can deal with this, lets pay them more, more staffing, whatever it takes to ensure we can handle this.”

Cannady said whether the teen is released to family or held in detention they will have their day in court. He added when it comes to juvenile crime, it is a balancing act.

“Recognizing the frailty, naivete, lack of development of the juvenile, vs protecting the community at large,” Cannady said.

WCNC Charlotte reached out to the Department of Juvenile Justice to find out more about why some custody orders are approved or denied and has not heard back.

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