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Key Insights on Juvenile Detention Hearings: Requirements and Timelines

This guide by Walter Munoz from the L.A. County Public Defender’s Office provides critical insights into juvenile detention hearings. It details when a detention hearing is required, the timelines for initial hearings for detained minors, and the specific evidentiary requirements that must be met for detention to occur. It also covers the processes for requesting a rehearing and outlines the importance of presumption in favor of release. Understanding these fundamentals is vital for effectively navigating legal protocols surrounding juvenile justice.

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Key Insights on Juvenile Detention Hearings: Requirements and Timelines

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  1. By: Walter Munoz, DPD, L.A. Co. Public Defender’s Office, Juvenile Division DETENTION HEARING NUTS & BOLTS

  2. WHEN IS DET. HRG REQUIRED? • 1) Detained arraignment. • 2) When M requests rehearing. (William M./ Dennis H.). • 3) Later court appearance alleging change of circumstances. • 4) CDP/Electronic Supervision.

  3. TIMELINES FOR INITIAL DET. HRG • Felony, violent misdemeanor, or M on probation: • Petition filed w/in 48 hours • M brought to ct. by end of first judicial day after pet. filed. • Non-violent misdemeanors where M not on probation: • Petition filed and • M brought to ct. w/in 48 hours of detention. • Must release M if timeline violation. • Tip – Look at time of arrest and time stamp on petition.

  4. PRESUMPTION – M “MUST” BE RELEASED • Cal. R. of Ct. 5.758 states that “the Court MUST RELEASE the child unless the court” makes specific findings. • Tip - Remind Court of presumption.

  5. 3 REQUIREMENTS FOR DETAINING M • 1. A PRIMA FACIE SHOWING is made that M is person described by WIC 602. • 2. A GROUND FOR DETENTION exists. • 3. “Continuance in home is CONTRARY TO M’S WELFARE.”

  6. REQUIREMENT 1: PRIMA FACIE SHOWING • 1) Stipulation. • 2) DA submits matter to court on basis of police reports. • Burden of proof = probable cause

  7. REQUIREMENT 2: GROUND FOR DET. EXISTS • W&IC 635 Grounds: • M violated a court order; • M escaped from commitment; • M likely to flee; • Matter of immediate and urgent necessity for the protection of M; or • Reasonably necessary for protection of person or property of another. • Only one ground needed.

  8. REQ 2: GROUNDS FOR DETENTION CONT... • Tip – always review Cal. R. Ct. 5.760. • Grounds of Detention Defined. • Example: Cal. R. Ct. 5.760 (i)(urgent necessity for protection of M) • There are no means to ensure protection of M until next court date. • M in danger from use of drugs. • Other compelling circumstances exist.

  9. REQUIREMENT 3: CONTINUANCE IN HOME IS CONTRARY TO M’S WELFARE • Argue that home is better. • Safeguards in place. • Plan in place. • Argue detention detrimental. • Specific to M. • In general – dangers of detention.

  10. Q: WHAT DOES A DETAINED ARRAIGNMENT LOOK LIKE? • A: Anything you want it to look like. • Cal. R. Ct. 5.756(b): the court “MUST CONSIDER any RELEVANT EVIDENCE that the child, the parent, the guardian, or counsel presents.”

  11. GETTING A “DO-OVER” • Now, Court has made order to detain M at arraignment. • What next? • Can request REHEARING. • Grounds for Detention. • Prima Facie Showing – Police Report.

  12. DET. REHEARING: 2 TYPES • 1) Rehearing on Grounds for Detention. • (aka WILLIAM M. HEARING). • 2) Rehearing on Prima Facie Showing. • (aka DENNIS H. HEARING).

  13. WILLIAM M. HEARING • Why? More time to articulate details about M. • Can also: • Call wits. • Produce docs.

  14. DENNIS H. HEARING • Rehearing must occur w/in 3 days. • Ct may grant DA continuance up to 2 addnl. days if wits unavailable. • Right to cross-examine preparer of reports but not percipient witnesses. • Litigate coerced confession. • M under 14: DA must prove up Gladys R. (M knew wrongfulness of conduct).

  15. DENNIS H. PROS • Pros: • Useful pre-adjudication discovery tool. • Preview officer testimony. • Foundation for later impeachment. • Set up a later suppression motion. • Helps highlight areas of investigation needed. • Shows judge that case is weak or should be reduced to misdemeanor.

  16. DENNIS H. CONS • Cons: • May reveal un-alleged offenses. • May reveal that offense is undercharged. • May reveal defense.

  17. CALLING VICS AT DENNIS H. • Only right to cross-examine preparer of report. • But, court “must consider any relevant evidence” at detention hearing. • Cal. R. Ct. 5.756(b) • Subpoena wits under this theory. • Tip – Run William M. with Dennis H. • Look at detention grounds definitions. • “Circumstances of the offense.”

  18. REMEDY IS RELEASE NOT DISMISSAL • If the proper showing is not made, remedy is release. • Benefits of release: • Disposition; • Preparation of defense; and • Avoid detrimental effects of detention.

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