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How Long Can a Juvenile Be Detained?

Law Office of Katie Walsh
How Long Can a Juvenile Be Detained?

When a juvenile offender is arrested in California and held in custody, they will have an initial hearing, where a judge will learn the circumstances of their case to determine whether they need to remain in detention. If a minor loses this detention hearing, they’ll most likely have to stay in juvenile hall until their case gets resolved.

What Is a Detention Hearing?

A detention hearing is the first court hearing the minor will attend. Even if your child has previously been released on “home supervision,” they are technically still in custody. While adult offenders can post bail to get out of jail, minors do not have that option. If the probation officer wants to keep your child in custody, the only way to get them out is by convincing the judge at the detention hearing, which is why it’s so critical to have experienced legal representation.

To keep a juvenile in custody, the judge must find the prosecutor has made a case that your child has committed a crime, and that they:

  • Have violated an order of the juvenile court.
  • Have escaped from juvenile court or are at risk of doing so.
  • Must remain in detention for their safety and well-being.
  • Must remain in detention for the protection of another person or their property.

To help make the decision, the judge will ask for input from the district attorney, the probation officer, the underaged offender, the juvenile’s attorney and the minor’s parents.

When Will the Detention Hearing Happen?

If your child is in custody for a minor, nonviolent offense, the detention hearing must take place within 48 hours of them being taken into custody – not including weekends or holidays. For juveniles who are in custody for a felony or misdemeanor involving violence, the detention hearing must take place within 72 hours.

The court must inform you of the time and place of your child’s detention hearing. If you don’t receive this notice, you can request another detention hearing within 24 hours, so you can be there in person.

If a judge rules that your child must stay in custody, they’ll remain at juvenile hall until their next scheduled court date. The law entitles your child to an adjudication hearing within 15 days.

Your Orange County, CA, Juvenile Criminal Attorney

It’s critical for a minor facing criminal charges to have experienced legal representation at every step of the way. As a qualified California juvenile defense attorney, Katie Walsh knows the best arguments to make so the court will let your child return home. A former prosecutor, she’s handled thousands of juvenile court cases and can help your family navigate the complexities of the process. Contact us today to schedule a free consultation. We have offices in Newport Beach and Tustin.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester...

AR- parent of minor client

I hired Katie Walsh to have my felony convictions expunged. She was able to expunge my record within 6 weeks of me giving her all the information. Even though technically I had a probation violation, and therefore the...

AR, criminal client

My 16 year old son was charged with possession of Marijuana, HS 11357(b). I was very concerned about what would happen to him and how this would affect his future. I contacted Ms. Walsh and she assured me that everything...

CT, parent of juvenile client

My child was charged with Felony Penal Code 597(a)- Animal Cruelty. After hiring Katie Walsh, she got the charges reduced to a misdemeanor, counseling, and 40 hours of chores at home. We come back in 6 months and the...

DH - Parent of Juvenile client

I hired Katie Walsh to represent my son on sexual abuse allegations- P.C. 288(a) and P.C. 288(b)- they were Strike Charges. After negotiating with the D.A., she got all the strike charges dismissed, and got my son...

DR- mother of juvenile client

Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and...

EG, parent of juvenile client

My 14 year old son was arrested at school for P.C. 311 (child pornography). My son had innocent and stupid nude pictures of himself and friends on his phone. Ms. Walsh was extremely easy to talk to, and made my son feel...

GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the...

HA, mother of 13 year old Victim Rights client

I hired Katie Walsh to seal my juvenile record of PC 288(a) (lewd act on a minor), after my request had been denied by a Judge and by the Probation Department. After speaking with Probation, the DA and the Judge at a...

JW, former juvenile client

I was charged with a Felony Conspiracy charge- PC 182. After hiring Ms. Walsh she got my charged reduced to a misdemeanor right away, and now I just have to do community service and in 6 months my entire case will be...

KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable...

RG

My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal...

RS

My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though...

XL, juvenile client

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