Los Angeles Criminal Defense

What Is A California Juvenile Court Detention Hearing?

Whenever a minor under the age of 18 is taken into temporary custody (or detained) in California procedures must be followed.

A minor in temporary custody for violating the California Penal Code or a local city ordinance must be released within 48 hours unless:

(1) The district attorney files a petition in the juvenile court; or

(2) The minor willfully lies that his or her age is over 18 and the juvenile proceedings are delayed.

Useful Info about Detention Hearings in California:

After the district attorney files the petition in juvenile court, a detention hearing must be held before the end of the next court day or the minor must be released unless he or she:

(1) Is in custody on a warrant issued by the juvenile court;

(2) Is being transferred in custody from a juvenile court in another county;

(3) Is a ward of the court placed pending a change of placement; or

(4) Requests to continue the detention hearing.

If the minor is detained (but not on a warrant) for a nonviolent misdemeanor offense, the system may not detain the minor beyond the 48-hour period unless:

(1) A petition to establish the minor a ward of the court has been filed and a juvenile court judge or a juvenile court commissioner or referee orders the detention;

(2) The minor has been brought before the judge, commissioner or referee for a detention hearing within 48 hours;

(3) Detention or delay beyond 24 hours in the detention hearing must be approved by a supervising probation officer.

If the probation officer fails to (a) serve the minor with a copy of the petition or (b) notify the parent or guardian of the time and place of the hearing, a minor in custody must apply for a detention rehearing or a writ of habeas corpus.

The detention hearing is the first court appearance for a minor who has been detained for delinquency.

The purpose of the hearing is to:

(1) Advise the minor of his or her rights;

(2) Ensure the minor is represented by counsel;

(3) Permit the minor to admit or deny the allegations of the petition filed in the juvenile court; and

(4) Decide if detaining the minor until the jurisdiction hearing is necessary.

California law regarding juvenile detention favors release. Specific grounds must be found before the judge, commissioner or referee may order detention.

Los Angeles Criminal Defense Attorneys

Juveniles accused of violating California law are not entitled to bail under the United States or California Constitutions. However, California law provides for a detention hearing before a judge, commissioner or referee within one or two court days after the district attorney files the petition against a minor in custody for juvenile delinquency.

The judge, commissioner or referee should not order detention unless the DA has presented clear proof of urgent necessity for the protection of the minor, the community, or the integrity of the juvenile justice system at the detention hearing.

The juvenile court judge, commissioner or referee violates the minor's rights by adopting a mechanical policy of automatically detaining minors charged with certain crimes.

Contact Los Angeles Criminal Defense Attorney Jack Gold who served as a LA County Juvenile Court Commissioner for 26 years about your juvenile delinquency case in California.