The Detention Hearing will determine if the minor remains in custody during the Juvenile Court process.
The hearing is typically held within three business days after an arrest, with the EXCEPTION of holidays and weekends.
Considerations at the Detention Hearing
- School grades/ behavioral record
- Family situation
- Past criminal history
- Seriousness of the crime
- A minor is alleged to have committed a serious violent crime or is a serious repeat offender pursuant to Section 707 of the Welfare and Institutions Code.
- The District Attorney may request a Fitness Hearing to determine if a minor should stay in Juvenile Court or be remanded to Adult Court.
- This hearing will occur prior to the minor’s admission to any allegations or a trial.
- Three phases:
- Initial Arraignment
- Pre-Trial Conference
- Juvenile hearings are closed to the public.
- The Court will advise minor of his/her rights and the charges pending.
- An attorney will be appointed.
- The Court will set a Pre-Trial Conference.
- The District Attorney provides evidence against the minor.
- The Defense Attorney provides evidence of innocence or mitigating circumstances regarding the minor.
- The minor’s past record is disclosed.
- If a minor admits to an offense, the case is set for a Disposition Hearing.
- If the minor does not admit, the case is set for a Trial.
- The Judge alone will determine if the minor has committed the crime(s).
- Proof of guilt must be beyond a reasonable doubt.
- If the minor is adjudicated (found guilty of the crime), a Dispositional Hearing is set.
Prior to the Dispositional Hearing
- Case will be assigned to a Probation Officer.
- Probation Officer will review police reports.
- Probation Officer will obtain information from:
- Victim of crime (if any)
- School officials
- Parents/Guardians, siblings, relatives
- District Attorney
- Social Workers (if applicable)
Probation Interview for Dispositional Report
- An Interview will be conducted with the minor and their parents/guardians.
- Parents should bring the following:
- Completed Probation Packet
- Copy of the minor’s Birth Certificate, Social Security Card, and Medical Insurance Card.
- School enrollment verification and last transcript Immunization Records
- A copy of family bank statements, paycheck stubs and all family vehicle registrations
- Any other information believed to have a bearing on the family’s life or information that would like to be brought to the Court’s attention.
Probation Officers Responsibility
- A Dispositional Report with probation’s recommendation will be completed and filed with the Juvenile Court Clerk’s office for the Dispositional Hearing.
Process at the Dispositional Hearing
- Judge will read and review the report which was submitted by the Probation Officer.
- Judge will also consider any supporting letters from friends, neighbors, church members, relatives, school personnel regarding the minors character.
- Court will impose the rehabilitation plan with terms and conditions of probation.