The juvenile justice system is an alternative to the criminal justice system, which administers adult prison terms. Specifically tailored for individuals below the age of 18, the juvenile justice system prioritizes rehabilitation and treatment over punitive measures. Following the arrest of a juvenile, a detention hearing is quickly convened. This legal proceeding is a pivotal element in the juvenile justice process, aiming to decide whether the child should remain in detention or be released to the care of a parent or guardian during subsequent proceedings.

In juvenile justice proceedings, the presence of a criminal defense attorney is paramount. When juveniles become involved in the justice system, legal representation becomes instrumental. The Bakersfield team at California Criminal Lawyer Group works to safeguard your child’s rights.

Understanding Juvenile Detention Hearings

The detention hearing is critical to the juvenile justice system, particularly in Bakersfield. During this essential legal proceeding, a judge evaluates whether a juvenile should stay in detention or be released into the custody of a parent or guardian while awaiting further legal proceedings. Factors considered include the nature of the alleged offense, the juvenile's prior record, the risk of flight, and the child's best interests. The primary goal is to strike a delicate balance between ensuring public safety and facilitating juvenile rehabilitation.

A minor under "home supervision" is deemed in custody in California. This recognition underscores the significance of a detention hearing, even when the child is not physically detained in a juvenile facility but is under home supervision. It reflects the state's dedication to conducting fair and thorough assessments to determine the most appropriate conditions for the minor's release, all while upholding the core objectives of the juvenile justice system.

Here is a look at critical issues in juvenile detention hearings:

  • Detention Without Bail

The juvenile justice system operates differently from the adult criminal justice system, particularly regarding applying for bail. The courts do not impose a bail requirement in the juvenile justice system.

When a probation officer suggests keeping a minor in custody, the final decision rests with the judge. The crucial moment for this determination unfolds during the detention hearing. The judge assesses the probation officer's recommendations alongside other pertinent information. The judge meticulously considers factors such as:

  1. The alleged offense's nature.
  2. The child's background and
  3. Potential risks.

All these issues help a judge determine whether the child should be released or detained.

  • Determining if the Minor Remains in Custody

At the detention hearing, the judge makes a critical decision regarding the minor's immediate custody status while awaiting the case's outcome. The judge considers various factors, which we have discussed below.

If the judge chooses to release, he/she will impose specific conditions to ensure the minor's compliance and address underlying issues. Conversely, if the judge deems continued detention appropriate, the minor remains in juvenile hall pending further legal proceedings.

  • The Arraignment of a Minor Whether He/She is in Custody

In the juvenile justice system, whether a minor is in custody, they go through an arraignment. It is a formal legal proceeding that signifies a crucial stage in the legal process. The child is informed about the charges against them and is asked to enter a plea.

During the arraignment, judges ensure the minor understands the charges and fully understands their constitutional rights. This process remains consistent regardless of the minor's current custody status. The arraignment typically occurs in a juvenile court or detention facility if the child is in custody. Attending court on the designated arraignment date is usually mandatory for those released.

At the juvenile court arraignment, the minor responds to the specific charges outlined in the petition. In contrast to adults, juveniles do not enter a "guilty" or "not guilty" plea. Instead, they have a range of options, such as:

  • Denying the charges — Pleading not guilty.
  • Admitting the allegations — Pleading guilty.
  • Choosing not to contest the allegations — Pleading no contest or
  • In certain situations, denying the allegations by reason of insanity — This is per California’s insanity defense.

When the Judge Determines that a Minor Should Remain in Custody

As mentioned before, there are several key considerations a judge must factor into their decision. California’s Welfare and Institutions Code 635 outlines these issues.

  • Eligibility Requirements of Section 635

Judges must establish a prima facie case the prosecutor presents indicating the minor's involvement in a crime to determine if the child should remain in custody. Additionally, one of the following conditions must be met:

  1. Violation of a juvenile court order — The minor has breached a court order.
  2. Escape from juvenile court commitment — The child has fled their court-mandated commitment.
  3. Flight risk — There is a reasonable suspicion that the minor will likely flee.
  4. Immediate and urgent necessity — Detaining the minor is deemed immediately and urgently necessary for their protection.
  5. Protection of person or property — Detention is reasonably required to safeguard another person's well-being or property.

Various stakeholders, including the probation officer, district attorney, the minor, their legal counsel, and parents, provide input during this process. Defense attorneys leverage this opportunity to present compelling arguments and evidence. Their objective is to convince the preceding judge that the minor does not pose a threat to themselves or the community and does not fall into categories necessitating custody.

  • Dennis H. Hearings

If the initial detention hearing is unfavorable for the minor, an attorney can request a re-hearing. This option is pursued when there are doubts about the judge's decision due to questionable or insufficient evidence.

For instance, if the judge's determination relied on a recommendation citing police reports and the police officer responsible for the report did not testify during the initial hearing, the defense attorney will seek a re-hearing. In these cases, the judge could direct the police officer to attend the re-hearing and provide in-person testimony for a more comprehensive and accurate account.

The re-hearing, also referred to as Dennis H. hearings, contested detention hearings, or prima facie hearings, provides an avenue for the defense attorney to cross-examine police officers. This process is crucial for verifying the accuracy and completeness of the information presented. This allows the defense to challenge any discrepancies or inaccuracies in the evidence.

Note: Re-hearings play a vital role in maintaining the fairness and integrity of the juvenile justice system. They do so by thoroughly examining evidence and making decisions based on reliable information.

When Can I Expect The Detention Hearing To Occur?

For a minor held in custody over a non-serious, non-violent misdemeanor, the mandatory detention hearing should occur within 48 hours of the minor's apprehension. This timeline excludes weekends or holidays.

In cases involving a felony or a misdemeanor with violence, the detention hearing is mandated within 72 hours of the minor's being taken into custody. The district attorney is required to file the petition within 48 hours of the minor's detention in these cases.

Should the minor request a Dennis H. hearing, it must occur within three court days or, if a witness is unavailable, within five court days. The Dennis H. hearing serves as an additional proceeding. It allows the defense to challenge the basis for the minor's detention. This ensures a timely review of the case's circumstances.

Courts must inform parents about the time and venue of their child's detention hearing. This notification is crucial for ensuring parental awareness and involvement in their child's custody decisions.

If, for any reason, parents do not receive actual notice of the detention hearing, they reserve the right to request another hearing within 24 hours. This provision enables parents to be present and actively participate in the proceedings.

What to Expect if Your Child Remains in Custody

If your child is held in custody, he/she will stay at the juvenile hall until the next court date. According to the law, your child is entitled to a jurisdiction hearing, similar to a "trial" in juvenile court, which must occur within 15 days.

During this proceeding, the court evaluates the truth of the allegations against your child and determines an appropriate course of action, possibly involving rehabilitation measures.

Community Detention Program (CDP)

In a detention proceeding, the judge has three choices:

  • Discharge the petition against the delinquent if there is no reasonable suspicion, allowing them to go home.
  • Grant a request for the minor to stay at home until the next court proceeding, possibly requiring the surrender of their driver’s license.
  • Opt for the Community Detention Program (CDP) — This ensures the delinquent attends court hearings. This program involves wearing an ankle monitor connected via a landline, with the responsible party collecting and returning the device to the detention hall.

Juveniles under house arrest in California are required to fulfill specific conditions, including:

  • Regular medical check-ups — Compliance with scheduled medical check-ups is a requisite.
  • Counseling sessions — Attendance at counseling sessions is mandatory if deemed necessary.
  • School attendance — The minor must attend school and promptly return home.
  • Participation in remedial programs — The minor could be obligated to attend remedial programs as part of the house arrest conditions.

You must inform the child’s attorney if these essential programs are needed. The attorney can then request the judge's permission for the minor to attend. Moreover, notifying their attorney is vital when the minor is away from home for an approved activity. Doing so ensures compliance with the Community Detention Program (CDP) conditions and prevents violations.

If your child violates the probation or house arrest conditions, the probation officer could recommend various consequences, including detention. The specific actions taken depend on the nature and severity of the violation. Potential outcomes include:

  • A warning or modification for minor violations.
  • Counseling.
  • Community service, or
  • Intensified monitoring.

More grave or repeated violations lead to the court deciding whether the juvenile should be detained in a juvenile facility for the remainder of the case. The judge makes the final decision, considering recommendations, legal representation, and other relevant factors.

Prima Facie and How it Affects Detention Hearings

Prima facie is a Latin term that means "at first sight" or "on its face." It pertains to evidence or a case that, at initial inspection, seems sufficient to prove a specific fact or support a legal claim. Prima facie evidence is adequate to establish a fact or create a presumption unless disproven or rebutted.

In the juvenile justice system's detention hearing, prima facie is crucial. The court assesses evidence and circumstances to determine whether a juvenile should be detained or released pending further proceedings.

Prima facie evidence is introduced to show enough initial support for the allegations against the juvenile. The evidence includes details about the alleged offense and the minor's background. The prosecution must prove the case beyond a reasonable doubt, though the threshold is lower than in adult cases.

Suppose the prosecution presents prima facie evidence suggesting the juvenile committed the alleged offense, and concerns exist about public safety or flight risk. In that case, there could be a presumption in favor of detention. The defense can challenge the prosecution's prima facie evidence by presenting counter-evidence, questioning its reliability, or offering mitigating factors.

Considering the presented prima facie evidence and defense rebuttal, the judge decides whether the juvenile should be detained or released.

The Role Probation Officers Play in Detention Hearings

The judge, prosecutor, and probation officer each play vital roles in the juvenile justice system. Probation officers are crucial since they are involved in all stages of the process. Let us look at each stage and what the officers’ input is:

  • The Arrest of the Juvenile

Following a minor's arrest, the probation department takes charge of the case and assigns a probation officer. The probation officer actively participates as the case progresses through the juvenile justice system.

After the arrest, the probation officer interviews the minor. This interview is designed to gather extensive details about the minor's background, family dynamics, and the specifics of the alleged offense. The primary goal is to assess the minor's needs, identify potential risks, and determine the most suitable course of action within the juvenile justice system.

The insights obtained from this interview are crucial. They empower the probation officer to provide well-informed recommendations to the court, addressing elements, specifically detention, release, or other necessary interventions.

  • The Court Process

Probation officers are integral to the juvenile justice system. They conduct in-depth investigations into a minor's criminal background. This encompasses gathering details on:

  • Prior delinquent behavior.
  • Criminal activities and
  • Interactions with the juvenile justice system.

All these details aid in risk assessment and intervention decisions.

Their findings are detailed in comprehensive reports judges use to make well-informed decisions about the minor's case. These reports offer valuable insights into the minor's background, facilitating tailored responses that prioritize the minor's welfare and community interests.

Furthermore, probation officers advise and make recommendations to prosecutors. They suggest alternatives, like diversion programs or counseling. These recommendations serve as considerations for prosecutors in determining the most suitable legal action.

In advising prosecutors on filing petitions against juveniles, probation officers assess factors such as:

  • The nature of delinquent behavior.
  • Behavior in various settings.
  • The attitudes of the child and parents.
  • The age and capabilities of the juvenile and
  • The necessity for formal disposition.

If probation is recommended, probation officers take on the responsibility of supervising the minor throughout the probationary period. This supervision ensures compliance with probation conditions, fostering the rehabilitation of the juvenile.

Note: While the court heavily relies on the probation officer's findings and recommendations, the officer's assessments are not infallible. Despite their crucial role, probation officers, like any professional, can make errors in judgment. Unforeseen circumstances, incomplete information, or subjective factors can contribute to potential inaccuracies in the probation officer's evaluations. This situation makes the involvement of a criminal defense attorney all the more critical. The California Criminal Lawyer Group will safeguard your child’s rights and provide a counterbalance to the probation officer's recommendations.

Roles Parents or Guardians Play in Detention Hearings

In the detention proceeding involving your child, your role as a parent or guardian carries significant responsibilities. Here is what you need to do:

  • Show Up At The Detention Hearing

Attending the detention hearing is crucial to advocating for your child's best interests.

  • Work With Your Child’s Bakersfield Criminal Defense Attorney

Collaborate closely with your child's legal counsel, sharing key information about their background and circumstances. Other than protecting your child’s rights, your child’s attorney will help you navigate the legal system. Further, he/she will negotiate with the prosecution to reduce the charges, explore alternative dispositions, or negotiate arrangements aligning with your child's best interests.

  • Maintain A Positive Approach

Keep a positive and cooperative attitude throughout the proceedings, demonstrating your commitment to your child's well-being. Your demeanor profoundly influences how key players, such as judges and attorneys, perceive you and your family. Approaching the situation with optimism creates a collaborative environment, potentially leading to more favorable considerations from the court.

  • Provide Relevant Details

Share pertinent information about your child's behavior at home, school, and community to help the court grasp the complete picture. Behavioral patterns often become more apparent when considering multiple environments. By offering insights into your child's conduct at home, at school, and within the community, you contribute to the identification of recurring behaviors or patterns. This holistic perspective aids the court in assessing the overall conduct of your child. It sheds light on any consistent themes or challenges that may be present.

Moreover, the contextualization of behavior is crucial for the court's interpretation. Different settings can evoke varied responses. Understanding these nuances is critical to accurately assessing your child's actions. This context allows the court to consider external factors influencing behavior, providing a more nuanced and fair evaluation.

  • Understand the Allegations

Understand the nature of the allegations against your child and actively engage in discussions during the hearing. Schedule a prompt meeting with your child's defense attorney. He/she is the primary source of information on charges, legal processes, and potential defense strategies. Prepare a list of questions to seek clarification on any legal terminology or challenging aspects of the case.

Ask questions freely, directed at the defense attorney or probation officer, when appropriate. Seek clarification on legal terms, consequences, and the overall strategy. An engaged and informed parent significantly contributes to the juvenile case, providing valuable insights and concerns.

Openly discuss the allegations with your child. Ensure they understand the charges, potential consequences, and the importance of cooperation throughout the legal process. This shared understanding fosters a collaborative and supportive approach.

  • Voice Concerns and Preferences

Clearly express any worries about detention and your preferences for alternative measures that ensure your child's welfare. Communicate your worries about detention, highlighting potential impacts on your child's well-being, education, and prospects.

Additionally, articulate concerns about the potential adverse effects of confinement on your child’s mental and emotional health. Share relevant information about your child's support systems, underscoring the importance of maintaining connections with family, school, and the community during this challenging period.

Present your preferences for alternative measures ensuring your child's welfare. This involves proposing options. Emphasize your readiness to participate in any support or supervision measures actively, reinforcing your commitment to your child's positive development.

Note: Maintain a respectful and cooperative tone throughout the conversation. You should recognize and acknowledge the court's role in decision-making while underscoring your dedication to actively contributing to a constructive resolution.

  • Cooperate With Probation Officers

Collaborate closely with probation officers. Ensure the exchange of crucial information to assess alternative measures effectively. Foster an open dialogue, sharing relevant details that contribute to evaluating viable alternatives. Recognize and appreciate the probation officer's pivotal role. Further, you should actively engage in a cooperative conversation to provide insights that influence the consideration of alternative measures for the betterment of your child.

Highlight the unique aspects of your child's situation, including family dynamics, support systems, and community connections. Convey pertinent information that aids probation officers in comprehending the broader context, enabling them to tailor potential alternatives to meet your child's specific needs.

Find a Criminal Defense Attorney Near Me

Legal representation is vital in juvenile justice proceedings. When a minor is involved in the justice system, having a lawyer is essential to protect their rights and ensure fair proceedings. A legal advocate plays a crucial role in navigating the complexities of the juvenile justice system and advocating for the minor's best interests.

Call the Bakersfield team at the California Criminal Lawyer Group. We are ready to help. Give us a call today at 661-750-8230 for further assistance.