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In re Q.B.

Court of Appeals of Columbia District

June 11, 2015

IN RE Q.B.; DISTRICT OF COLUMBIA, APPELLANT,

Argued November 18, 2014.

Appeal from the Superior Court of the District of Columbia. (DEL-669-14). (Hon. Danya A. Dayson, Trial Judge).

Janice Y. Sheppard, Assistant Attorney General, Office of Attorney General, with whom Irvin B. Nathan, Attorney General for the District of Columbia at the time the briefs were filed, Todd S. Kim, Solicitor General, and Rosalyn C. Groce, Deputy Solicitor General, were on the brief, for appellant.

Shilpa S. Satoskar, Public Defender Service, with whom James Klein and Jaclyn S. Frankfurt, Public Defender Service, were on the brief, for appellee.

Before THOMPSON and BECKWITH, Associate Judges, and STEADMAN, Senior Judge.

OPINION

Page 451

Beckwith, Associate Judge :

The District of Columbia appeals from the trial court's dismissal of a delinquency petition charging seventeen-year-old Q.B. with contempt under D.C. Code § 11-944 (2012 Repl.) for violating a 7 p.m. curfew that was one of several conditions of his pretrial release. Applying this court's decision in In re ( Anthony ) Jones, 51 A.3d 1290 (D.C. 2012), the trial court ruled that the pretrial release order contained no " free-standing requirement" to obey the conditions of release and that the petition did not charge an offense under the contempt statute. We agree, and we affirm the court's dismissal of Q.B.'s contempt charge.

I.

On February 10, 2014, the government filed a delinquency petition charging Q.B. with unlawful entry in violation of D.C. Code § 22-3302 (2012 Repl.). The trial court determined that pretrial detention was necessary " to protect the respondent's own person" and " to secure the respondent's presence at the next court hearing." On defense counsel's motion, Q.B. was released from detention the following week subject to several conditions. These conditions included obeying all D.C. laws, ordinances, and regulations; residing with and remaining in the custody and under the supervision of his mother; observing a 7 p.m. curfew unless with a parent or guardian or engaged " in a structured activity" ; attending school regularly and obeying all school rules and carrying his attendance card; refraining from use of illegal drugs, subject to " spot testing" at his probation officer's discretion; staying away from a particular address in North

Page 452

west D.C.; complying with " all reasonable referrals from Court Social Services" ; not being rearrested; and engaging in mentoring and tutoring services. Q.B. signed the release order beneath a paragraph stating,

The above checked Conditions of Release have been explained to me and I agree to comply with them to the best of my ability. I understand that failure to comply with any of these conditions noted may result in my placement in a ...

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