Legal representation is crucial for minors who are facing criminal charges. Unlike adult cases, juveniles do not have the option of bail. Instead, detention hearings are conducted to decide whether the child should be released or kept in custody. It is imperative to have legal counsel present at every stage of the process, including this hearing, to safeguard the rights of the minor and prioritize their best interests.
When a minor loses a detention hearing, he or she is required to stay at the juvenile detention hall until the case is settled. If you find yourself in need of legal counsel during a juvenile detention hearing, Darwish Law is here to assist you. Our team of experienced Santa Ana attorneys can provide the necessary support and guidance to help you navigate through this complex legal process. We are here to assist you in achieving the best possible outcome for your case.
Understanding Juvenile Detention Hearings
A juvenile detention hearing is a crucial step in the legal process for minors who have been arrested and placed in custody. Unlike adults, juveniles don’t have the right to get bail, which makes it even more important to have solid legal representation. By seeking professional legal support, you can increase the chances of your minor being discharged during this critical hearing.
When a minor is placed in custody by a probation officer, release from juvenile hall can only be achieved through persuasion during the juvenile detention hearing. During this crucial proceeding, the judge carefully evaluates various factors to decide if the child should remain in custody or be allowed to go home while awaiting the outcome of their case. It‘s imperative to present a convincing argument to secure the minor's release from custody.
During the arraignment at a detention hearing, the magistrate informs the juvenile of the charges against them and their legal rights. It is also at this stage that the minor enters their plea. In addition to explaining the charges, the judge ensures that the minor is aware of their legal right to legal representation and protection against self-incrimination. Furthermore, the minor has the right to present evidence, subpoena witnesses, and cross-examine witnesses.
When a minor faces charges, they have different options when entering a plea. Unlike adults, minors are not obligated to plead not guilty or guilty. Instead, they can choose to deny or admit the charges, express discontent with them, or even plead not guilty because of insanity. The juvenile justice system takes into account the unique considerations that apply to minors.
In cases where a juvenile isn’t in juvenile detention, the initial court appearance is called an arraignment, not a juvenile detention hearing. In this stage, the presiding magistrate will explain the charges and the constitutional rights to the minor before they enter their plea. This process ensures that all parties are fully aware of the allegations and can proceed accordingly.
When a Juvenile Has to Stay in Juvenile Detention Hall
During juvenile detention hearings, the magistrate carefully evaluates various elements to determine if a juvenile should stay in custody. The decision-making process is guided by the requirements outlined in California WIC 635, which ensure that the magistrate's ruling is fair and per predefined legal standards.
According to WIC 635, the presiding magistrate can only detain a minor if the prosecutor has presented enough evidence to indicate that the juvenile is likely responsible for an offense. This provision ensures that the rights of minors are safeguarded and that any decision to hold them in custody is grounded in a strong legal foundation.
It should be noted that the juvenile did the following:
- Violated or didn’t honor a juvenile court order
- The juvenile escaped the commitments issued by the juvenile court
- Detention is considered an urgent measure to ensure the safety of the juvenile
- The juvenile poses a flight risk
- Detaining the juvenile is necessary to protect individuals and properties
How the Court Determines a Juvenile’s Release From Custody
When deciding to release a minor from detention, the presiding judge considers several factors. These factors include the likelihood of the juvenile escaping and their past actions. If a minor has a record of running away from juvenile detention, the court would be cautious about granting release. This process can be compared to how bail works in the adult court system.
Attending Court Proceedings
The presiding judge carefully considers the minor's potential to attend future court proceedings once released from custody. In this case, the minor's lawyer will work diligently to demonstrate that successful rehabilitation is achievable and that there is no risk of the minor attempting to evade justice.
Best Interests of the Minor
The court takes great care in considering the best interests of the minor before deciding whether to free them from detention. Factors such as their involvement in criminal activities and potential association with gangs are carefully taken into account. If it is determined that returning home would be risky for the juvenile, the court may choose to keep them in custody for their protection.
Safety of the Community
The court prioritizes the safety of society and the well-being of individuals when making decisions about the release of juvenile offenders from custody. If a juvenile has perpetrated a violent crime and poses a potential risk to the neighborhood, they could be detained. In cases involving sex crimes or violent offenses, the minor will likely be held in a juvenile detention hall. If there is a history of violent action towards others, the court could exercise caution in releasing them from detention halls to prioritize public safety.
Compliance with Court Orders
When determining the appropriate course of action for a minor, the court considers the likelihood of complying with juvenile court orders. If there have been previous instances of the minor failing to show up for appointments, it can result in them being held in custody. Nevertheless, the juvenile’s attorney can emphasize their commitment to attending all future court commitments, presenting a compelling argument for their discharge.
Input from Other Parties Involved
To make an informed decision regarding the detention of a minor, the court will consider input from various parties involved. These parties include the district lawyer, probation officer, the minor, and their legal counsel or parents. A skilled lawyer would seize every available opportunity to persuade the juvenile court that the juvenile poses no threat to themselves or their neighborhood.
Hiring an attorney for a juvenile detention hearing is crucial. They will skillfully challenge any evidence suggesting that the juvenile should be detained, thereby increasing the chances of their discharge. A favorable outcome in the initial hearing sets the stage for positive outcomes in subsequent hearings within the juvenile system.
During detention hearings, the judge takes into account input from the probation officer, the minor, and their lawyer. If it is determined that releasing the minor from custody isn’t in their best interest, they could be detained at a juvenile hall. The court ensures that favorable conditions are provided during this time, and the child will remain in custody until his or her next court date.
House Arrest and Monitoring
When a judge determines that it is not appropriate to keep a minor in detention, he or she may order the child to go home and await the court hearing. To ensure a safe return, the court may also provide necessary services and supervise their implementation.
Home supervision is a viable alternative to juvenile hall for minors who find themselves in legal trouble. With this arrangement, the juvenile can stay at home while still being under legal supervision, rather than being confined to a juvenile detention facility. The minor's parent or guardian should ensure their attendance at all scheduled court hearings.
Choosing home supervision instead of custody in a juvenile detention hall comes with specific conditions that must be adhered to. These conditions involve abstaining from illegal drug possession and use. Furthermore, the juvenile will be required to get a job and enroll in mandatory counseling programs.
When a minor is in detention for a non-serious or non-violent crime, a detention proceeding is held within forty-eight hours of their placement in a juvenile detention hall. This timeframe doesn't include weekends and holidays. However, if the minor has perpetrated a misdemeanor crime involving a felony or violent crime, the hearing is scheduled within seventy-two hours of their arrest. It is important to note that the prosecution has forty-eight hours after the juvenile's placement in the detention hall to file a petition.
If the lawyer representing a minor pleads for a rehearing, it should be scheduled promptly within 3 court days. However, if crucial witnesses are unavailable, the detention rehearing could be rescheduled within 5 days from the original detention hearing. This ensures that all relevant parties can participate in the process without encountering any unnecessary delays.
The caregivers of the minor should be notified about the juvenile detention proceedings. If they don’t get a notice, they have the right to request another hearing within twenty-four hours to ensure their active participation and presence in the legal process.
If the presiding judge deems it necessary, the child will remain in the detention hall until their subsequent court dates. It is important to note that the minor is entitled to a jurisdictional court hearing, commonly known as a trial, within 15 days. The hearing will take place in juvenile court.
Duty Of The Juvenile's Parents And Caregivers During The Juvenile Detention Hearing
Parents or guardians of a minor should seek legal counsel before testifying in court. Their testimony will have a significant impact on the magistrate's decision regarding whether to release or detain the minor during the detention hearing. The court will consider various factors, including the minor's overall conduct, such as attendance at school. Seeking legal advice beforehand can help ensure that the minor's testimony is presented effectively, increasing the chances of a favorable outcome.
As a concerned parent or legal caregiver, it's natural to feel upset or frustrated with your child's behavior and want them to learn from their mistakes. While it may seem appropriate to consider placing a minor in a juvenile hall, it's important to acknowledge that the detention hall’s living conditions are far from ideal.
When your minor is detained, it is crucial to have an understanding of the potential circumstances they may encounter. They could be placed with older offenders or those who have perpetrated serious offenses. It is important to note that this process can take several weeks or months before the juvenile is released. As parents or guardians, it is critical to approach juvenile detention hearings with caution and thoughtfulness. Seeking guidance from a lawyer can help ensure that your testimony aligns with the best interests of your loved one, thereby safeguarding their chances for a favorable result.
What to Expect In Juvenile Detention Hearings
Juvenile detention hearings are organized by the courts. Minors are provided with a notice that includes the venue, time, and date of the hearing, typically held in a designated juvenile courtroom. During these hearings, the juvenile has the option to be represented by a defense lawyer. While most hearings aren’t accessible to the public, cases involving serious crimes can resemble adult trials and allow for public observation.
When dealing with sensitive cases involving gun offenses, drug crimes, sexual crimes, or violent crimes perpetrated by minors, it is crucial to prioritize the privacy of minors. Experienced attorneys can negotiate the closure of proceedings for the public, ensuring the confidentiality of minors.
During juvenile detention hearings, several individuals are typically present, including the juvenile, their legal counsel, parents or legal guardians, probation officer, and relevant authorities. While the atmosphere may be less formal compared to criminal court hearings, it is crucial to have legal representation. The outcome of the hearing will evaluate whether the minor remains in custody or returns home.
Roles of Probation Officers in Juvenile Detention Hearings
When a juvenile is charged with a crime, the probation officer is assigned to investigate the matter. During this investigation, the assigned probation officer considers the minor's criminal history, conduct, and social issues.
Probation officers play a crucial role during the juvenile detention hearing. They are responsible for preparing a detailed report that outlines the juvenile's behavior and providing suggestions to the court. Based on their assessment of the severity of the crime, they could suggest whether it is appropriate for the minor to be discharged or remain in custody while awaiting the outcome of the case.
Also, based on the minor's clean record and strong academic performance, the officer can recommend their release. Probation officer reports are generally assumed to be accurate by the court. However, if there are any misrepresentations or inaccuracies in the report, it's important to seek the guidance of an experienced attorney. With their expertise, you can challenge the report in court and potentially secure the release of a juvenile from detention, even if the officer recommends it.
A Rehearing Request
If a juvenile is unsuccessful in their detention proceedings, their legal counsel can choose to request a rehearing. This can be done if there are concerns that the judge's decision was influenced by questionable or unreliable evidence. If a judge makes a ruling based on a report from a police officer who didn’t testify, the attorney can request a rehearing and the officer's presence to testify. This procedure, referred to as a Dennis H hearing, allows the juvenile's attorney to question the officer to make sure there is fairness and accuracy in the ruling.
Community Detention Program
Sometimes, judges can hesitate to release a juvenile from detention. In such cases, the minor's lawyer can suggest the option of placing them in community detention programs (CDP). A CDP involves the use of an ankle monitor for monitoring purposes, which serves as a kind of house arrest. The juvenile court system can keep track of the minor's whereabouts through a telephone line connected to their residence. This alternative provides an opportunity for supervision while allowing the juvenile to remain within their community.
For your minor to be eligible for the program, it is important to install a landline telephone. The required tracking equipment can be acquired from the juvenile detention hall and must be returned there upon completion of the program.
Even when a minor is under house arrest, a judge can permit them to attend school and return home. However, a defense attorney can request additional allowances for the minor, such as attending counseling sessions, after-school sessions, medical appointments, or other important programs. It is essential to inform the lawyer if the juvenile needs to go somewhere other than home so that they can make the necessary court arrangements.
It is crucial for all parties involved, including the minor, their parent or guardian, and their attorney, to have a complete understanding of the workings of the Child Detention Program (CDP). Failure to comply with its terms may lead to a probation officer recommending detention at a juvenile hall. Understanding these processes is essential to ensuring a successful outcome for the minor’s case.
Find a Santa Ana Juvenile Defense Attorney Near Me
If you require legal representation for a juvenile detention hearing, it is important to have an experienced defense lawyer who fully understands the intricacies of these proceedings. At Darwish Law, our attorneys specialize in juvenile justice and provide dedicated legal counsel. We serve the city of Santa Ana, CA. Call us today at 714-887-4810 to schedule a consultation with one of our lawyers.