Juvenile Law : Juvenile Detention Hearings

If your child has been arrested, then his or her first court date is called a detention hearing. A detention hearing is when the judge will make a determination on whether to release your child or continue to detain your child pending adjudication of the charges. Your attorney will have an opportunity to argue to the Court why your child should be release. The juvenile probation department and the District Attorney both present evidence to the Court on whether the child should be retained.

Five factors are considered by the Court on whether the child should remain in detention or released under the supervision of the custodial parent or guardian.

1. if the child is likely to abscond (fail to appear) or be removed form the jurisdiction of the court;
2. if suitable supervision, care, or protection for his is not being provide by a parent, guardian, custodian, or other person
3. if the child has no parent, guardian, or other able to return him to court as required
4. whether the child may be dangerous to himself or may threaten the safety of the public if released
5. if the child has previously been found to be a delinquent child or has previously been convicted of an offense punishable by jail or prison and is likely to commit an offense if released.

At the juvenile detention hearing your child's attorney will enter a plea admitting or denying the petition. Most attorneys will deny the petition pending evaluation of the states case.
If your child is detained, he or she has a right to a speedy trial to take place within 15 court days of the arraignment. If your child is not in custody, the speedy trial requires an adjudication date within 30 calendar days.

JUVENILE BAIL
The Juvenile Justice Code does not address the issue of bail nor does is exclude bail. Bail is not a part of the Juvenile Justice System.

JUVENILE  ARRAIGNMENT DATE
If your child is not in custody, his first court date is called an arraignment. Some courts refer to the arraignment as a proper pretrial or jurisdictional hearing. Your child's attorney will often enter a denial of the petition and set a pretrial and a court date.

JUVENILE PRETRIAL DATE
The pretrial date is set up so the attorneys of both parties can discuss a possible resolution to the case and to discuss other outstanding discovery issues. If your child is in custody, this must be set up the week following the arraignment unless time is waived. In other words the pretrial date or even the court trial date, can be set at a much later date if your child's attorney and your child agree to a later date. If your child is not in custody, his/her pretrial must generally be scheduled two to three weeks after the arraignment unless time is waived. Many juvenile judges participate in a discussion of a resolution though a private conference in the judges chambers.

JUVENILE COURT TRIAL / JUVENILE COURT ADJUDICATION
When a juvenile judge sets the case for "adjudication," he or she is setting it for a trial. Unlike adult court, your child is not entitled to a jury trial. In lieu of twelve jurors, the juvenile court trials are done by a judge or commissioner who acts as both judge and trier of fact. Your child has to challenge the judges impartiality immediately otherwise he or she can be deemed to have waived that right. Only an experienced juvenile attorney will know which juvenile judges or juvenile commissioners are fair.

Q: Does the justice system deal with children differently than adults?
A: Children facing criminal charges are usually tried in a separate juvenile court system. Historically, juvenile courts have focused more on rehabilitation than the adult courts. Hoping that early intervention will keep kids away from a life of crime, juvenile courts offer more privacy, shorter-term consequences, and programs to help young offenders to make better choices.

Q: When is my child first court appearance?
A: If your child is in custody, he or she will be arraigned in juvenile court within 48 hours, excluding weekends and holidays.

Q: What is a detention hearing:
A: A hearing to determine whether your child will be released or detained in custody until the final adjudication of the case.

Q: If my child is detained, what happens next?
A: A detention hearing is held every ten days your child remains detained. Your child may waive his right to following detention hearing or present additionally evidence to the court in favor of his or her release.