When your child is accused of a crime in California, they are subject to the juvenile justice system instead of the criminal justice system to which adult offenders are subjected. The juvenile justice system has different jurisdiction from adult courts and has its procedures and terminology.
A child offender may face several hearings in the juvenile justice system before the court resolves their case. One of these hearings is the juvenile detention hearing. At all these hearings, your child should be represented by a skilled juvenile defense lawyer as they make a significant difference in how the child's case will turn out. At California Criminal Lawyer Group, our experienced juvenile defense lawyers have defended various juvenile delinquency cases and obtained positive outcomes. If your child has been accused of an offense in Santa Ana, do not hesitate to contact us for a free consultation and case evaluation. We will do everything legally possible to ensure your child is back home with you.
Detention Hearings Overview
When a law enforcement officer arrests your child and thinks the matter is serious, they will take them (the child) to juvenile hall, and the juvenile probation department becomes in charge of whatever will happen to them. The department interviews the child through a probation officer to determine what will happen to them. After the interview, the officer decides to take one of these steps:
- Send the child home or to sustainable placement with instructions to return to juvenile court later.
- Send the child home after giving them a probation program meant to address the root cause of the criminal behavior (this is known as diversion under Welfare and Institution Code (WIC) Section 654)
- Detain the child at Juvenile hall. Juvenile hall is like a county jail for child offenders. As implied above, it is where a probation officer first interviews the child. It is also where the child stays during their court trials if the judge thinks they are a danger to themselves or the community if they are released.
The factors that the probation officer will consider when making any of the above three decisions include:
- The capabilities, maturity, and age of the minor.
- The attitude of the minor and their parent/guardian.
- Whether the supposed criminal conduct or condition is in dispute and, if proven, whether the court-ordered disposition is desirable.
- Whether the minor has had severe problems at home or in the community or school that show the need for formal court action.
- Whether the supposed conduct involved bodily injury or threats of bodily injury to the victim or property.
If the child is detained at juvenile hall, they will face a juvenile detention hearing within a few days. A detention hearing refers to the initial hearing the child will face, and it aims to establish whether the minor must continue staying in custody until their case is resolved or should be let go.
If they have to remain locked up, they will still be placed in juvenile hall to await the case outcome. And even if they are released and placed under home supervision, they are deemed to be still in detention and have a right to an arraignment. The court schedules a detention hearing immediately for children held in custody for committing a crime to help lower the period that a child spends in detention.
A juvenile detention hearing takes place in a juvenile court. In many cases, this hearing happens in the child's county of arrest, usually their area of residence. If the juvenile delinquency court judge decides that the child must continue being held in custody and there is no detention hall, the minor may be placed in a supervised facility. Although, the facility must first be evaluated to see if it is secure. Also, it must be established that staying in that facility would be in the child’s best interest. If the facility is unsafe for the child to be placed within twenty-four hours of secure detention, they may be released on home supervision. And even when on supervision at home, the child will still be under a community worker or probation’s watch.
Any child accused of a crime should be represented by an attorney at every stage of the court process, including the juvenile detention hearing. This is because if they lose at this hearing, they will likely be required to remain in juvenile detention until their case is resolved. The juvenile defense lawyer you choose for your child should know the appropriate defenses to argue, so your child should be released to go home.
In LA, prosecutors are directed not to pursue detention except if necessary. The aim is to prevent minors from passing through the juvenile court process by committing them to various community programs so they can obtain help.
There Is No Bail Under the Juvenile Justice System
In adult criminal charges, whether a suspect needs to remain in custody pending the resolution of their case usually boils down to cash. The suspect can make bail and secure their release. But for juvenile criminal cases, delinquents do not have the right to make bail. A child cannot be bailed out like a grown-up suspect. If the presiding probation officer wishes to have your child stay detained, the only thing you can do to have the minor released is to persuade the judge during the initial hearing (that is, the juvenile detention hearing).
The Proceedings
During the juvenile detention hearing, the presiding juvenile court judge will determine whether your child can be released pending their case outcome or if they have to continue being in juvenile detention. They decide this depending on specific factors set forth under Welfare and Institutions Code (WIC) section 635. The judge has to rule that the prosecuting attorney made a first-impression (prima facie) determination that the child has committed a criminal offense to keep the child detained. They also have to consider these factors:
- Whether the child has escaped from the commitment of the juvenile court— when deciding whether to release your child from juvenile hall, their capability to comply with court commitments is crucial. If the child has previously failed to appear in court for a hearing, the judge might be reluctant to let the child go.
- Whether the child has previously violated a juvenile court order— if the child has violated a court-issued order before, the judge may not release them from juvenile hall.
- Whether the minor must be detained to protect a person or their property— at times, a child may be charged with committing a severe crime against someone else. This may include sexual crimes or violent offenses. The judge considers the supposed victim's or other parties’ safety before letting the child go. If the child has previously been violent against others, the judge might not release them.
- Whether it is a case of urgent and immediate requirement for the child’s protection that they are held in custody— the juvenile court judge will only release a child offender from juvenile hall if they believe it is in the child’s best interests. They do this by considering what triggered the minor’s criminal conduct and the child’s general social life. If the surroundings to which the juvenile is being released are dangerous for them, the judge would consider having them remain in juvenile hall.
- Whether the child is considered a flight risk— before the juvenile court judge decides whether your child has to stay in detention or be released, they will consider whether the child can flee the jurisdiction. They will do this by referring to past incidents. If the child has any history of fleeing from the jurisdiction, the judge may not release them. In this case, the detention hearing equals a bail hearing where an adult suspect’s probability of showing up in court after they are released is considered.
To assist them in making their decision, the juvenile court judge will need opinions from the D.A, the child themself, their counsel, parents, and the probation officer. Your child’s lawyer can use this chance to convince the juvenile court judge that your child does not pose any danger to themself or the community and does not fall under the other groups that need custody.
Also, note that the juvie will be subject to arraignment during the juvenile detention hearing whether they are in custody or not, which means the child will:
- Be read the charges against them.
- Be told about their constitutional rights.
- Be asked how they plead,
The juvenile court judge will read the child the charges that have been filed against them. They will also inform them that they have the legal right to a lawyer, the right against incriminating themself, and the right to cross-examine and confront eyewitnesses, submit evidence, and subpoena eyewitnesses.
Lastly, the judge will ask the child to plead to the charge mentioned in the prosecution’s petition. Juvenile delinquents do not plead not guilty, guilty, or no contest like grown-up defendants. Instead, they do one of these:
- Deny the allegations (not-guilty plea).
- Admit the allegations (enter a guilty plea).
- Not contest or challenge the allegations (no contest plea).
- Deny the allegations on the ground of insanity (argue the insanity legal defense).
If your child is out of custody and no detention problem has arisen, the initial hearing is only known as an arraignment. The juvenile court judge will read to the child the charges against them and their rights. After that, they will ask the child to plead to those allegations.
Consider these two examples:
Example one: Christy is arrested for shoplifting and possession of a small amount of marijuana. She is not held in custody but released to her parents. Christy is then notified via mail that the prosecutor has filed a petition against her and that she and her mother must appear at Orange County Juvenile Hall. Christy appears as ordered and faces arraignment. The juvenile court judge informs her of her charges (marijuana possession and shoplifting). The judge further tells her that she is entitled to a lawyer and other constitutional rights. Christy denies the petition accusations, and the court judge sets her case for a pretrial conference on a later date.
Christy is fortunate that the judge lets her go home. However, if she does return to court on the set date, the judge could issue an arrest warrant against her and order the police to book her into juvenile hall.
Example two: the police arrest David for armed robbery. Due to the severity of the crime, the police take him to Orange County Juvenile Hall for booking. Afterward, the prosecutor files charges against David. David then undergoes a detention hearing. The court judge reads David the charges against him and informs him of his legal rights. David denies the allegation lodged against him. The judge accepts David's plea but rules that he poses a threat to the public and must remain in juvenile detention until his case is resolved.
The detention hearing is not open to the public. But if your child is charged with a serious crime, this hearing could be treated as an adult trial. Offenses that may trigger an adult trial include sexual offenses and drug crimes involving firearms. An experienced criminal defense lawyer can assist your child in seeking proceedings that are not open to the public as it will help protect your child’s privacy.
The only people allowed to attend detention hearings include the child defendant, their parents/guardians, the minor’s legal counsel, probation officer, and other relevant court authorities. This hearing is fairly informal compared to an adult hearing.
The Right to Rehearings
If the child loses at the initial hearing, their lawyer can request a rehearing. The defense attorney would request a rehearing if the juvenile court judge ruled that the child would remain detained depending on questionable proof.
For instance, if the court judge decided depending on recommendations that referred to a police report, but the law enforcement officer who recorded the report failed to testify, the judge can order the officer to show up at the rehearing and testify physically.
At the rehearing (also known as a prima facie hearing, contested detention hearing, or Dennis H. hearing), the child's defense lawyer confronts and cross-examines the law enforcement officer to ensure everything is correct.
Let us look at this example: the police place Tommy under arrest for gang rape. He is detained at the Eastlake Juvenile Hall. The presiding probation officer suggests that Tommy be held in custody during the detention hearing based partly on the police report mentioning that Tommy had four past police contacts in one month.
The juvenile court judge agrees with the probation officer's decision and remands Tommy back to Eastlake Juvenile Hall. Tommy's lawyer requests a rehearing, so the law enforcement officer who recorded the report can appear before the court to testify on the supposed four previous police contacts. It may make a significant difference if the four past police contacts had not occurred or were innocent contacts.
CDP (Community Detention Program)
If the juvenile court judge is still reluctant to let your child go, your minor’s defense lawyer can ask that the child be placed on the CDP. CDP is essentially house arrest. The child will be put on an ankle bracelet that the probation office will track by a phone line in your home (you need a landline to be eligible for this program). The probation officer will require you to take and return the CDP tracking device from the juvenile hall.
The juvenile court judge is likely to direct that your young one only attends school and goes directly back home. If the minor sees a tutor after school, has enrolled in a counseling program, has routine doctor appointments, or any other valid reason for being somewhere apart from home and school, ensure their lawyer knows this. The lawyer can seek permission from the court for the minor to be away from home for special purposes.
If the minor violated CDP terms, the probation officer would likely suggest that the judge detain them in juvenile hall. Your baby's juvenile defense lawyer must know how CDP works.
The Detention Hearing Timing
If your child is detained for a minor, non-violent misdemeanor crime, the hearing must occur within forty-eight hours of being held in custody. This period is exclusive of holidays and weekends. And if the child is detained for committing a misdemeanor that involves violence or a felony, the hearing must occur within seventy-two hours of their being held in custody (in both cases, the D.A must bring the petition within forty-eight hours of the child being detained.
If the child requests a rehearing, it must occur within three days (exclusive of holidays and weekends) or if an eyewitness is unavailable within five days of the first detention hearing.
Your Role as a Parent In the Detention Hearing
As a parent, you should be told when your child's hearing will take place, including the venue and time. If you are not informed about the hearing through an actual notice, you can request for another hearing to be conducted within twenty-four hours so you can show up. The court may inquire from you about your child's school attendance and general conduct. Your testimony is also a critical part of the detention hearing. Whatever you put out might be a crucial factor when the judge decides whether to detain or release your young one. Before you prepare your testimony or answer any questions at the hearing, you want to seek legal guidance.
If your young one must remain in custody, they will stay at Juvenile hall until their next date to appear in court. Per the law, your minor has the right to request a jurisdiction hearing (an equivalent to a trial in adult courts) within fifteen days.
A Probation Officer's Role in Detention Hearings
If your child is accused of a crime, the juvenile court appoints a probation officer to take charge of the case. The officer is tasked with further investigating the case. They will look into your child's social issues, behaviors, and criminal history.
The officer will always be present at a detention hearing. They are mandated to compile a report before the detention hearing starts. According to your child’s overall conduct and behavior, the probation officer will recommend whether the child should remain in custody or be released. The officer usually presents their report to the juvenile court before the detention hearing. The report contains details of the crime your child is alleged to commit. If the offense the child is accused of is severe, the officer may suggest custody pending the resolution of the matter.
Additionally, the officer's report details more about the child's criminal history. In most cases, probation officers suggest that a child be released if they have no conviction record. They may consider the child's performance in school when making this recommendation. The child's situation at home might also contribute to the officer's decision when compiling a report for the juvenile court.
In most cases, the juvenile court presumes the report from a probation officer is accurate. But if you believe the officer in charge of your child's case misrepresented various facts, you can take it with the child's lawyer to challenge the report. If the lawyer proves the officer misrepresented given facts, the juvenile court judge may release your child from detention even if the officer gives a contradicting recommendation.
Find a Juvenile Delinquency Santa Ana Criminal Defense Attorney Near Me
Detention hearings are an intricate part of the juvenile court process. Your child needs to be represented by an experienced juvenile defense attorney who understands what is at stake and how to make the minor be released from juvenile hall. At California Criminal Lawyer Group, we boast skilled and competent juvenile defense lawyers who have successfully defended child offenders. If your child faces a juvenile delinquency case in Santa Ana, please call us at 714-844-4151 for a free, confidential consultation and case evaluation.