If your child has been arrested, they will appear before a judge within 24 hours to determine whether the child shall be taken into custody (“secure detention”) or released. This hearing is known as a detention hearing.

The detention hearing is largely controlled by a Detention Risk Assessment Instrument (DRAI) prepared by the Department of Juvenile Justice. At the hearing, the State Attorney and a representative from the Department of Juvenile Justice are present. The judge determines whether there is probable cause of a crime and reviews the DRAI to decide whether the child should be held in secure detention, released on home detention, or straight released.

• Straight release means the child will be released without any court-imposed conditions.

• Supervised release is similar to home detention, where the child is confined to their home with certain exceptions.

• Secure detention means custody at a local Juvenile Detention Center.

The State Attorney has 21 to 30 days to commence what is called an Adjudicatory Hearing, which is similar to an adult trial. Juvenile cases are tried by a judge only, as they are non-jury trials. After trial, the case may result in:

• Not Guilty → the child is released.

• Adjudicated → the child is found delinquent.

If your child is adjudicated and committed to a program, they may be held in secure detention for up to 15 additional days pending a Disposition Hearing. The disposition hearing is similar to a plea or sentencing hearing. Alternatively, the court may proceed with sentencing and withhold adjudication.

If the child is placed on juvenile probation, the probation officer will meet with them to develop a YES Plan. This plan sets meaningful goals and actions through collaboration between the youth, family, and probation officer.

⚖️ Does your child have a pending juvenile proceeding? Do you know someone who does? Contact our office today—Attorney Brandon Gans is ready to assist you.