A detention hearing is a short hearing before the Associate Judge to rule on two basic things:
- Whether the police report gives sufficient reason to believe that your child has committed an offense (probable cause).
- Whether the child will remain in detention for 7 to 10 days and if so, set a date to reconsider the child’s release/detention within 10 days.
**Note: Detention Hearings are NOT to discuss or decide about the offense itself, the hearing is to determine where the child will be kept while pending court.
Each day, there are three types of Detention Hearings. Each type of hearing is heard together and youth are called in alphabetical order by their last name.
- An Initial Hearing is the first hearing held since the youth was brought to Detention and they are heard first.
- Walk-up Hearings are for youth usually from the outside and these hearings are held second.
- Ten Day Hearings are for those youth who have been detained at an Initial Hearing, Walk-up Hearing and for whom the Judge will reconsider their detention or release. The child will have a Ten Day Hearing every ten working days or less while in detention.
Present at the hearing:
- Public Defender or Private Attorney: Will represent the child for the Detention Hearing
- District Attorney: Represents the Prosecutor’s Office and will make a recommendation
- Parents/ Guardians: Will be asked questions by the Public Defender/ Defense Attorney, District Attorney, and Judge in regard to the child’s behavior, school, etc. and may ask for the parent’s recommendation.