If your child has been arrested, your child 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 mostly controlled by a Detention Risk Assessment Instrument (“DRAI”) prepared by the Department of Juvenile Justice.
At the detention hearing, the State Attorney and a representative for the Department of Juvenile Justice are present. The Judge determines whether there is probable cause of a crime and reviews the DRAI to determine whether the child should be held in secure detention, released on home detention, or straight released.
The State Attorney has 21-30 days to commence what is called an Adjudicatory Hearing. The Adjudicatory Hearing is similar to an adult trial. Juvenile cases are tried by a Judge and are non-jury trials.
After a trial, the case could result in a ‘Not Guilty’ and the Child is released, or the trial can result in the child being ‘Adjudicated’. If your child is adjudicated at the Adjudicatory Hearing and is committed to a program, your child can be held in secure detention for an additional 15 days pending a disposition hearing.
The Disposition hearing is similar to a plea/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 the Child to develop a YES plan. The YES plan allows the probation officer to establish meaningful goals and actions through collaborative efforts with the youth and family.
Does your Child have a pending Juvenile proceeding? Does someone you know have a pending juvenile proceeding? Call us at (407) 500-4267 and Attorney Brandon Gans and Daveta Williams will be able to assist you.