Your child's first juvenile court appearance after an arrest is the juvenile detention inquiry or hearing. The proceeding helps determine if the juvenile should be allowed to return with you at home or detained in a detention hall awaiting adjudication of the delinquency petition. The primary difference between juvenile delinquency and adult criminal charges is that with juvenile delinquency, delinquents are not entitled to bail.
So, you must take juvenile detention hearings with the seriousness they require, as it is your only opportunity to compel the judge not to detain the minor in the detention hall awaiting adjudication. Even though the delinquent is not entitled to bail, they have a right to legal representation in every stage, including the detention inquiry. At Desert Defense Lawyers, we will build a persuasive case to enable the judge to release the delinquent in Palm Desert.
Detention Hearing at a Glance
When your child engages in a delinquent act apart from a curfew violation, the violation will likely result in an arrest. The arresting law enforcement officer then contacts a probation officer (PO), who decides whether to release the delinquent or hold them in the juvenile facility. Even if the PO decides to let the minor go home, they must return to the court for the detention inquiry.
The hearing is similar to court arraignment in the adult criminal court system. Besides, after arrests, minors do not go to jail like adult offenders. They are held in a detention facility where they undergo rehabilitation. Nevertheless, when no facility is available, the child is released but stays under the oversight of a PO until the first proceeding.
Juvenile detention proceedings allow the judge to decide whether the petition should be adjudicated when the delinquent is in custody or from home. Your minor’s defense lawyer must convince the judge they are better off with their parents than in a juvenile center.
If the lawyer presents a solid argument, the prosecutor will not oppose the release awaiting petition hearing and disposition. Nevertheless, the juvenile judge can decide that the delinquent must answer their petition from a juvenile hall rather than a home for severe offenses. Prosecutors only seek detention in juvenile delinquency cases when necessary.
Timeline for the Hearing
In criminal cases, the DA should lodge a petition or formal allegation against the delinquent within two days after arrest. However, the timeline is contingent on the unique circumstances of the delinquent’s case. For non-violent misdemeanors, the delinquent appears for the detention hearing within 48 hours of placement in the juvenile facility, unless it is on a holiday or weekend. In contrast, delinquents who engage in felony violations or violent misdemeanors are arraigned for the proceeding within seventy-two hours.
The officer handling the petition should notify you of the location of the juvenile court where the proceeding will happen. The notification must occur within 24 hours of the official petition. You can petition for a rehearing if you are informed later than this. Based on witness availability, rehearing must happen within 72 to 120 hours of the preliminary stages.
If the judge and prosecutor deem it necessary to detain the delinquent, they will hold them in a detention or juvenile hall until the next court hearing, the petition adjudication. When the delinquent is detained, the proceeding must happen in fifteen days. However, if the verdict of the detention preceding is to release the delinquent, adjudication happens after 30 days.
Detention Hearing Procedure
Before the inquiry on the delinquent’s detention, the juvenile court notifies you of the proceeding as the parent to the minor. The notice contains details of the court location, date, and time of the inquiry. The judge informs the child of their petition and rights in the proceeding. They then share a copy of the petition with you and the child’s lawyer.
Your child has no right to bail in this proceeding, making their case complicated. Therefore, ensure they have the representation of a competent attorney to protect the delinquent from having to attend the adjudication hearing from detention. A lawyer must build a compelling case that will result in release pending adjudication.
The process of the juvenile detention inquiry entails:
Detention Proceeding
A juvenile detention hearing is the first proceeding where the delinquent appears before a presiding judge. The hearing happens whether the minor is detained in a detention hall or at home under supervision. Even if you are home with the child, the law still considers them to be under custody, hence the need for a detention inquiry to decide if they should attend the remaining court proceedings from home or a detention center. The court will send the juvenile to a detention hall if:
- Chances are high the juvenile will abscond scheduled court proceedings
- The delinquent will not receive adequate supervision because of the situation at home
- The delinquent does not have a legal guardian or parent to bring them back to court
- Releasing the delinquent endangers their safety and that of the public
- The child has a criminal record for a disposition on the same violation, and releasing them increases the chances of the delinquent act recurring.
Delinquents are Not Entitled to Bail
Juvenile delinquency petitions have no bail provision. Unlike adult criminal offenders, who are entitled to a pretrial release on bail pending trial. The delinquent has no bail option, making the detention inquiry a serious proceeding as it determines whether you will stay with the child or they will be placed in custody pending petition hearing and disposition.
When you want the delinquent in your custody, you must hire a persuasive defense lawyer to convince the judge it is in the minor’s best interest to stay in the parent’s custody awaiting petition determination. With a compelling argument, the court will release the delinquent despite opposition from the PO or prosecutor.
The decision on whether to detain or release the delinquent is contingent on the case’s unique circumstances, like the delinquent’s chances of absconding from the court and their vulnerability.
Delinquent’s Arraignment
In the detention proceeding, the child also undergoes arraignment, where the presiding judge reads the petition preferred against the child for their violation. The judge then reads out the minor’s rights during the hearing, including the right:
- To legal representation
- Against selfie-incriminating statements
- To confront and interview witnesses
- To subpoena or summon witnesses
- To present proof
Once the judge ensures the delinquent understands their rights under the petition against them, the child can enter a plea. You should know that the child cannot plead not guilty or guilty in these cases. Their plea options are:
- Agreeing to the accusations
- Disagreeing with the accusations
- Claim no contest to the said accusations
- Deny the allegations using an insanity defense
When minor violations are involved, the PO usually lets the child go home but still lodges a petition. However, in these cases, there are no detention inquiries. The case moves straight to arraignment.
For instance, your child has been arrested for marijuana possession, a violation of the Health and Safety Code. Because of the nature of the offense, a PO is assigned the case and lets the child come home.
Later, your child is notified of their accusation, and it is your responsibility as the parent to ensure the delinquent shows up in court for arraignment after 48 hours. As instructed by the court, you present your minor before a judge, where the petition for marijuana possession is read out.
After reading the charges, your child disagrees with the allegations, allowing the case to proceed to the next phase. Your child’s case did not go through the detention hearing stage, as the prosecutor and PO did not deem it necessary. However, when the child skips an arranged court meeting, the judge will issue orders for their rearrest and placement in custody, where they will remain until the petition is determined.
Reasons Your Child Could Stay in The Juvenile Hall
Whether the delinquent will remain in custody or return home with you pending fitness, adjudication, and disposition hearings depends on several factors, including:
-
Welfare and Institution Code (WIC) 635 Guidelines
During a detention inquiry, WIC 635 prescribes the criteria for the detention of delinquents or juvenile offenders. Per the statute, the judge instructs the detention of the child if they prove that the DA, after evaluating the circumstances of the case, established that your child engaged in the following delinquent acts:
- Violated court orders
- Escaped a juvenile hall
- The delinquent is a flight risk
- The juvenile’s home is unsafe
- The juvenile offender has a mental condition
- The crime committed by the child warrants prison incarceration
On establishing whether the delinquent is a flight risk, the judge considers the child’s history of attending court proceedings after a discharge from detention pending juvenile delinquency court proceedings. When the child has a history of jumping court, their attorney should convince the judge that the juvenile has been rehabilitated since the previous incident and they are unlikely to repeat the same behavior.
The juvenile court judge can opt to continue holding the minor in the juvenile hall if the case’s facts show that the delinquent’s welfare will be best served in detention and not at home. The judge’s decision is informed by the fact that the child’s environment could trigger the delinquent conduct. In these situations, your lawyer, representing the delinquent, must present evidence contrary to show that the juvenile’s home is safe. If the delinquent is a repeat offender, the court considers their history of attending court.
When the petition against the delinquent is for a major violation like a felony offense, the judge considers them a threat to society, and, therefore, they will choose to detain the juvenile offender. Additionally, if the crime in question is sexual or violent, the child will be staying in the juvenile hall until the court sustains or dismisses the petition.
If the juvenile skipped court proceedings in the past, this history of contravention of court conditions will result in an unfavorable verdict in the hearing.
When deciding whether to release or continue detaining the child, the judge also considers the input from the DA, PO, your child, your juvenile’s lawyer, and you, the biological parent or legal guardian. The juvenile court can release the delinquent with the condition they have an ankle bracelet or GPS electronic monitoring device. If the delinquent removes the monitor, the judge will remand them in a detention center pending petition determination.
-
Rehearing
The detention inquiry will not always be in your favor. Based on the circumstances and input from the PO and prosecutor. If the delinquent loses the proceeding, you have the right to request a rehearing. The lawyer can appeal for a rehearing if the evidence leading to the detention is contested or questionable. Your lawyer can also request a rehearing if you were never notified on time to appear for the initial detention inquiry.
In the rehearing, the DA submits the law enforcement report as evidence of the alleged delinquency and why the court should continue holding the minor. After the prosecutor presents their case, your juvenile’s lawyer will cross-examine the arresting officer responsible for the report and any other witnesses testifying against the delinquent. The lawyer does this to show the court the DA’s evidence does not satisfy the evidentiary standard for detention. The court will release the child from custody if the lawyer's arguments are compelling.
The rehearing must occur within 72 hours of the lawyer’s request, but only if witnesses are available. If the witnesses cannot appear in court within three days, the hearing date can be extended with two more days, meaning the rehearing will happen five days from the request date.
Community Detention Program (CDP)
In unique circumstances, the presiding judge can dismiss the juvenile’s petition in the detention proceeding and let them reunite with their loved ones if the evidence presented does not prove reasonable suspicion or belief the juvenile committed a delinquent act.
Besides, in the proceeding, the presiding judge can grant the minor permission to go home, but with the guarantee the child will attend future court proceedings. The judge confiscates the minor’s driver’s license (DL) to guarantee future appearances before a judge.
The objective is to ensure the defendant attends court meetings. Therefore, apart from confiscating the child’s DL before release pending scheduled hearings to guarantee court attendance, the delinquency court judge can place the child under CDP, a house arrest program that entails the delinquent wearing an electronic monitoring device to track their movement. The child qualifies for CDP if you have a landline and time to pick up and drop off the device at the juvenile hall. The conditions for home arrest are:
- The delinquent must attend school and return home directly after classes
- The delinquent must enroll in counseling if the judge deems it necessary
- The child must participate in regular medical examinations
- The delinquent must participate in remedial classes
Usually, your lawyer must request these special programs if you believe they will help a child. Ensure that your lawyer knows about the delinquent's whereabouts when they are away to avoid breaching CDP conditions, resulting in a rearrest and detention.
Prima Facie and Its Effects on the Detention Inquiry
Prima facie means at first sight and is a principle used in evidence evaluation during the initial stages of the case to determine whether the evidence provided is sufficient to take the case to the jurisdiction proceeding.
Therefore, after the child is arrested and appears in court during the detention hearing, the prosecutor should show that proof is sufficient to secure a fair outcome in the adjudication proceeding if you do not contest the allegations. They should show that their evidence satisfies every element of the accusations. If the DA does not meet the prima facie in the initial stages, it will be evident they lack enough proof to win the petition, and the court will dismiss the case.
Therefore, after the detention proceeding, your lawyer can request a preliminary or petition screening for the court to evaluate the evidence and decide whether the petition should be pursued. The judge will drop the petition against your juvenile if the proof is insufficient.
Your Responsibilities as a Parent in the Detention Inquiry
As a parent or legal guardian to the delinquent, your duties in the detention inquiry are critical. The first duty you must perform is to attend the child’s detention proceeding. Once notified of the hearing, you should speak to a lawyer immediately to prepare for the proceeding and understand the gravity of the petition against the juvenile.
Your lawyer will explain everything about juvenile delinquency, and using the knowledge you acquire, you can help your child understand the petition and possible consequences. With knowledge of the punishment they risk if they are detained or the petition is sustained, the delinquent is unlikely to agree to the accusations and will be willing to fight to the end.
Lastly, your testimony regarding the minor's moral character can prevent a detention.
Find an Experienced Juvenile Delinquency Lawyer Near Me
Every parent or guardian loves their child and wants them to avoid legal trouble. It is expected that you will feel disappointed when you learn of the child’s arrest, and you could be tempted not to take action to help the juvenile so that they can be taught a lesson. However, this is a huge mistake because you could hurt their future. At the Desert Defense Lawyers, we will guide you through the juvenile delinquency process and advise you on how you and the child can testify during the juvenile detention proceeding to avoid remand in the juvenile hall. Call us at 888-293-0396 for a free consultation and guidance in Palm Desert.
