The entry of a juvenile into the juvenile justice system can negatively affect the future of the child. It all begins with the Juvenile Detention Hearing. The initial decision point for the court is whether your child will be released into your custody or detained. A prompt, credible legal defense is critical at this early stage. The hearing is a crucial first step in challenging allegations and safeguarding the child’s long-term prospects, including their academic records, as detailed in the information below.
If a child faces detention, immediate intervention is essential. Get help from a criminal defense attorney who knows the ins and outs of juvenile law at this first hearing. Contact CCLG: Los Angeles Criminal Attorney immediately to help your child at this critical juncture.
Arrest and Intake Process in the California Juvenile System
The welfare and institutions code (W.I.C) governs the process children undergo when taken into custody. The juvenile process starts as soon as the juvenile is taken into custody.
A police officer may take a person who is under 18 into temporary custody. The officer should have reasonable cause to believe that the child has committed a crime. Under certain situations, a minor may be taken into custody without a warrant under WIC section 625. Juveniles, like adults, may be arrested without a warrant in many situations under the juvenile-specific rules of WIC §625.
When making first contact regarding an alleged offense, the minor should be informed of his/her constitutional rights, commonly referred to as Miranda rights. These include the right to remain silent and to contact a lawyer to represent them. This advice is the first critical point of the case.
Whether a minor’s waiver of rights in a custodial interrogation is voluntary, knowing, and intelligent is a sensitive legal issue. Courts will carefully scrutinize the attendant circumstances. Before evidence is admissible, the courts require a minor to waive his/her rights voluntarily, knowingly, and intelligently. Parents and attorneys need to understand that any statements made during a custodial interrogation can be challenged if the minor’s waiver of rights was not properly waived. A minor usually should not be held in an adult facility and should be transported to a juvenile facility or juvenile hall without delay, as per WIC §207 and juvenile holding rules.
After being granted custody of a minor, the officer must take the minor to juvenile hall or another designated location by probation without undue delay.
A probation officer (PO) conducts the intake. According to WIC §626, the PO has a multifaceted role and acts as the gatekeeper of the juvenile system. The PO examines the incident, previous contacts, level of the offense, and family and community resources. The parents are usually contacted, and the minor may be interviewed.
After the intake assessment, the probation officer typically has three options: the offense, family, and community resources. The parents are usually contacted, and the minor may be interviewed.
After the intake assessment, the probation officer usually has three options:
- Return the minor to the parents or guardian, usually with some warning or released on a non-official basis
- Send the case to another program, for example, counseling, community service, or an educational program, without commencing formal court proceedings—focused on rehabilitation.
- Refer the matter for filing of a petition and recommend detention pending a juvenile detention hearing when appropriate. This recommendation for detention should only be made to protect the minor or the community, or if the minor is going to abscond. A recommendation for detention does not mean that a child will definitely be detained. Parents should seek legal advice as soon as possible, so that the detention can be challenged at the detention hearing.
Legal Standards for Juvenile Detention in California
The first formal court appearance for a minor in a Juvenile Detention Hearing usually takes place within 48 to 72 court or judicial hours of custody. The timing may exclude weekends or holidays, as per local rules and WIC guidance, and local court rules. The primary purpose of the hearing is to enable the judge to determine whether the minor can be released into the care of their parents or guardians or remain in juvenile hall until further hearings. In juvenile court, release does not follow any bail schedule used for adult crimes. The decision of the release is a judicial determination under WIC §636.
Legal Standards for Continued Detention (WIC 635)
Detention is considered the exception, not the rule. Unless the prosecutor makes a Prima facie showing that the minor committed the alleged offense and that at least one of the criteria outlined in WIC 635 applies, the court must order the minor released.
- Protection of the minor — The court may detain a minor or others when necessary to protect them.
- Protection of the community — The detention of the minor is reasonably required to protect the person or property of another
- Flight risk or court appearance — The minor has violated a prior juvenile court order, has escaped from a court commitment, or is otherwise likely to flee the jurisdiction of the court or be unlikely to appear for subsequent court hearings.
The probation officer’s detention report, as well as any evidence presented by the defense attorney, is considered by the judge in making an individual determination. A minor’s county of residence or dependency status cannot be the sole basis of detention.
Minor’s Constitutional and Statutory Rights
The minor at the detention hearing must be advised of the charges against him/her and his/her fundamental rights. These rights are outlined in In re Gault (387 U.S. 1 (1967), including the right to counsel and the right to confrontation. They include
- Right to counsel — A minor has the right to an attorney, and if one cannot be afforded by the family, one will be appointed
- Right to notice — The minor and parents have the right to notice of the charges filed (the petition) and of the time and place of the hearing
- Right to remain silent — The minor has the right to remain silent and not incriminate him/herself
- Right to confrontation — The minor can face and question the witnesses in the trial
- Right to present evidence — The minor also has the right to present evidence to challenge the prima facie case and the need for detention.
If the court finds that the detention criteria is met, the child may be ordered to stay in juvenile hall or placed on home supervision (sometimes with electronic monitoring) until the next hearing.
Main Participants in Juvenile Detention Hearing in California
A juvenile detention hearing is the first court appearance by formal motion, during which the judge decides whether to release the minor (the child) or to keep them detained pending further proceedings. A mix of collaboration and conflict produces this outcome. Several important participants contribute to this activity.
- The juvenile court judge — The judge does not use the bail schedule but instead makes a personalized determination (under WIC 635) based on what is in the minor’s best interest and public safety. They must assess the prima facie case presented by the prosecutor and consider arguments and evidence from all parties before ordering release or continued detention.
- The district attorney — At this stage, the prosecutor seeks to demonstrate to the court two things:
- That there is a sufficient case made out that the minor committed the alleged offence.
- One of the grounds for detention is made out, for example, flight risk, danger to the community, or protection of the minor
- Private or public defender — The defense lawyer will challenge the sufficiency of the prosecutor’s evidence and argue aggressively against detention if the minor has stability, strong community ties, regular school attendance, and receives strong parental support. They present this mitigating evidence to convince the judge that the minor can be safely released to the parents or guardians.
- The probation officer (PO) — The PO is responsible for initial intake, preparing the required detention report (which summarises the facts about the arrest, the minor’s history, and a risk assessment), and making a formal recommendation to the judge on release or detention status.
- Parents/guardians — The expert’s report may be presented to the court regarding family risk factors. Generally, release is granted when the custodian can ensure the minor’s court appearance and supervise them.
Navigating the Detention Hearing
Typically, a hearing will be held within 48 judicial hours from the time of custody. The procedure proceeds swiftly through several defined stages before the juvenile court Judge makes the final determination regarding detention.
- Judicial Review and Advisement of Rights
The judge reads the detention report from the probation officer (which summarizes the incident, the minor’s history, and recommendations). Next, the court informs the minor and parents about the allegations in the petition and that the minor has a right to counsel, the right to remain silent, and the right to a speedy adjudicatory (jurisdictional) hearing.
- Establishing the Prima Facie Case (Probable Cause)
A prima facie case must first be established by the prosecuting attorney (deputy district attorney). The evidence that must be presented, on its face, to show that the minor probably committed the alleged offense is the standard of probable cause. In the California juvenile court, instead of calling witnesses, the evidence usually consists of written police reports and detention reports. The defense can request a “Dennis H” rehearing to cross-examine the reporting officer.
- Argument for Detention
If the prosecutor establishes the prima facie case, he/she must also demonstrate that one of the detention criteria in WIC §635 applies. For example, flight risk, danger to others, violation of a prior court order, or an immediate need for protection.
- Defense Argument for Release
Your child’s defense attorney then presents counter-arguments. They will challenge the sufficiency of the prima facie case. They could also reject the DA’s detention criteria. The attorneys could argue that conditions of release, like home supervision, electronic monitoring, or program participation, are sufficient to protect the community and ensure the minor’s appearance in the future. The defense often submits affidavits from parents or guardians to demonstrate a strong and stable home environment.
- The Judge’s Application of WIC § 635
To keep someone in jail, the judge must find two things:
- Police officers must have a solid reason to believe that a crime has occurred
- Detention is required by one of the statutory WIC 635 criteria
If neither condition is met, the minor must be released. If the minor is detained, then the Judge sets the date for the next hearing. That hearing is generally the jurisdictional hearing (trial) and is scheduled within 15 judicial days.
Potential Outcomes and Release Conditions in California
Once the prosecutor and defense have made their presentations, and the requisite probable cause and necessity findings have been made, the juvenile court judge issues one of three orders regarding the minor’s custody status. Bail is generally inapplicable to California’s juvenile court proceedings, unlike in adult courts.
- Release to Parents or Guardians (WIC § 636)
If possible, the child will be released immediately to their parent(s). The release often comes with specific conditions of release (WIC 636) for the minor, ensuring the minor will appear in court and refrain from further delinquency. Common conditions include:
- A court-imposed curfew (return home by a specified time)
- School attendance and academic requirements
- Taking part in a solo or family counseling or substance abuse program
- No contact orders prevent contact with victims, witnesses, and co-defendants
- Release Home Supervision (WIC § 636.5)
If the judge finds a reason for detention but feels a less restrictive level is enough, they can order release to home supervision. This keeps the minor at home under the direct and frequent supervision of a probation officer or another probation officer. Common conditions include:
- Electronic monitoring (GPS) — Minor is assigned to wear an ankle bracelet that uses GPS to monitor the child’s location and curfew parameters.
- Mandatory reporting — This means that your child must meet regularly with the probation officer in person
- Continued Detention in Juvenile Hall
The judge could order continued detention only where there is a clear and immediate necessity under WIC § 635, that is, a flight risk, danger to others, or a violation of prior court orders that any conditions of release cannot mitigate. If a minor is taken into custody, the court focuses on the jurisdictional hearing (trial), which must take place promptly, usually within 15 judicial days. For cases where community protection or compliance with the court requires secure custody, this is the most restrictive outcome.
The conditions of release are entirely focused on rehabilitation and accountability, as the welfare of the minor should guide the juvenile system.
Protecting Your Child’s Rights in California Juvenile Court
The goal of the juvenile justice system is rehabilitation. This system, however, must comply with the constitutional standards of due process. California’s Welfare and Institutions Code (WIC) affords minors and their parents certain rights, particularly during the detention hearing stage.
The Minor’s Fundamental Rights
Any minor in a juvenile court proceeding is entitled to the assistance of counsel pursuant to WIC § 634. If the minor or their parent is indigent, or the court determines that the minor cannot be adequately protected otherwise, then the court must appoint an attorney. This could be either a public defender or a conflict panel attorney. This is as per California law. This right is automatic upon the minor’s first appearance and is non-negotiable.
The juvenile has the right to remain silent. Statements will be admissible only if made as the result of a voluntary, knowing, and intelligent waiver. At the detention and jurisdictional hearings, the minor has the right to confront and cross-examine witnesses.
Parental Rights and Involvement
The juvenile court process primarily revolves around parents and legal guardians, with their rights centered on notification and presence. The parents of a minor taken into custody could receive immediate notice pursuant to WIC § 630 and 631. The detention notification should state the reason for detention, the charges, the time, and place of the detention hearing.
Importantly, every parent is allowed to be present in every hearing involving his/her child, like the detention hearing, jurisdictional hearing, and disposition hearing. Children are always accompanied by their legal counsel in proceedings involving contact with the minor. This presence allows them to participate in the proceedings fully, assist in obtaining the minor’s release, and cooperate with the appointed or retained counsel to protect the child’s best interests. The guarantee of these rights ensures due process and protection of the family throughout the challenge.
Parent Strategies for the California Juvenile Court
When your child is facing the juvenile justice system, the experience can surely feel overwhelming. However, parents are the minor’s most important non-attorney advocates. When parents understand that the court prioritizes their rehabilitation and has a clear plan in place, they can significantly impact the case outcome, especially at the detention hearing stage. Here are a few strategies parents should consider:
- Organizing Strategic Action
Advocacy on behalf of a minor should begin the instant he/she enters the juvenile justice system, and parents should act immediately. At the detention hearing, an early decision impacts whether the minor will remain detained. At this juncture, the parents must act quickly to mobilise strong evidence to advocate for release. The primary task of parents is to collect documentation and statements that establish the minor as a person who poses no threat, but rather as someone who should be under community supervision and rehabilitation, rather than confinement.
- Compiling the Minor’s Evidence Portfolio
After collecting the information, parents will want to compile documents that rebut the damaging allegations in the arrest report. That is why parents collect specific documents, like current school reports, attendance records, and awards, to demonstrate that the minor continues to engage in everyday activities. Moreover, character references from a mentor, coach, or spiritual leader can be a valuable source for telling the court about the minor’s potential and how much they will benefit from being on a better path.
Ultimately, evidence of former or current mental health counselling or substance abuse therapy demonstrates the family’s involvement with underlying issues. Therefore, the case for organized supervision in the community can be made.
- Reinforcing Compliance and Presenting the Supervision Plan
After ensuring a solid evidentiary foundation, parents shift focus to courtroom decorum and future compliance, which significantly enhances the already considerable weight of the evidence. Ensure the minor understands that the system is serious and that they will always act respectfully in any courtroom, strictly obey counsel, including the right to counsel. Notably, the parents should provide a detailed, workable, and solid social supervision plan that sets exact curfew times and methods of transportation, as well as comprehensive, 24/7 monitoring capabilities. This plan has the support of previously submitted character and treatment documentation. Most importantly, it assures the court that upon release, the minor will be effectively looked after immediately and responsibly, which is all that is required to ensure a safe return to the community.
Procedures After Detention Hearing in California Juvenile Court
After a detention hearing finishes, the minor’s case will go down one of several paths. This marks the start of the California juvenile justice system’s adjudicative phase. If the juvenile is detained or if the matter is serious, a petition is filed by the prosecutor (the adult equivalent of an indictment). The filing of the petition sets the date for the Jurisdiction Hearing (WIC § 700). The hearing functions as a juvenile trial, where the judge hears the evidence without a jury and determines whether the allegations contained in the petition are factual (the finding of guilt or “sustained”).
If the court upholds the allegations in the petition, the case will proceed to a disposition hearing. In this stage of the juvenile procedures, the type of outcome, also known as sentencing, is determined. As the juvenile system focuses on rehabilitation rather than punishment, the disposition hearing focuses on the minor’s history, treatment needs, and family environment. The order can vary from community service to formal probation and treatment in a juvenile facility.
As an alternative, the probation department could recommend informal probation or diversion (WIC § 654) for less serious first offenses. This route completely avoids any formal jurisdiction and disposition hearings. Under diversion, the minor and family sign up for a program plan. This plan is for counselling, classes, or community activities. It is usually for six months. If the minor completes the program, the charges shall be dismissed, and the formal petition shall never be filed nor sustained.
Find a Juvenile Delinquency Attorney Near Me
The juvenile detention hearing is the ultimate decision-maker. The judge will decide whether your child goes free or sits behind bars. This will impact the child’s education, mental state, and future. This is not just an administrative step but an important decision about the benefits of early help and the profound, lifelong impact of deep system involvement. Your child deserves to have an uncompromising defense at this point.
CCLG: Los Angeles Criminal Attorney understands the stress families face. We will review the evidence, dispute needless detention, and advocate for community-based alternatives where appropriate. Contact us at 323-922-3418 for immediate representation in juvenile defense cases.
