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Laws - Juvenile Justice
1st Court Appointment: The Detention Hearing PDF Print E-mail

How does the court process begin?

* You and your child have the constitutional right to an interpreter for court. Please alert your child's Intake Probation Officer. The court will provide this for you free of charge.

Pre- Process Investigation

  • The Intake Probation Officer will inform you if the District Attorney has decided to file charges, (a petition) against your child. You will be notified of court hearings either by phone or in person. Call the Intake Probation Officer if you have any questions or are not receiving notifications.
  • If a petition is files, your child must appear in court for a 'Detention hearing' (your first court appearance) within 72 hours of the arrest (not including weekends and holidays). At this hearing, the judge will determine if your child will be released under specific conditions or remain in detention until their next court date.

First Court Hearing: Detention Hearing

  • You as the parent/ guardian must be present at all court hearings. You will be expected to arrive at 9:00 AM on the day of the hearing. When you arrive at court, check-in with the Court Probation Officer. Please be aware that you may be there for several hours as cases are called on a priority basis. The Court can decide whether or not to release your child. If the court decides to release your child, he/she can be only released to a parent/ legal guardian. *COURT IS HELD AT: 375 WOODSIDE AVENUE, SF, CA*

At the Detention Hearing, the Judge can decide if your child must remain in Juvenile Hall detention facility until next hearing or can be released to you.

  • Generally, your child's attorney will speak for your child. With the Judge's permission, you may also speak at the hearing. In other cases, the Judge may ask you about your child directly.
  • The District Attorney will speak for the State. The Probation Department may be called to testify.
  • Under the 'Victim's Bill of Rights', the victim and their parent/legal guardian have the right to attend and speak at ALL hearings. They will also be notified of every hearing.
  • During the Detention Hearing the judge will consider whether your child will be released or detained based on some of the information listed below.

-The parent/guardian can take care of the minor and "exercise control".

-The parent/guardian can provide the basic necessities (food, home, etc.)

-The home is a stable place and there is no risk of neglect or abuse.

-The minor does not need to remain in custody for his own protection.

-There is no risk to the public if the child is released.

-A positive report (consistent school attendance, good record at work, strengths described by family, able to follow rules at home, no history of running away.)

-The minor has not violated any other Court Orders.

-The minor is trusted to appear at their future court dates.

 

* Parent(s): Think about what your child may need in order to stay out of trouble, and communicate that to the Probation Officer (examples: therapy, drug treatment, community programs/ involvement)

 

  • During the Detention Hearing, you will be notified of the next Court Hearing.
  • The next court hearing may be a PRE-TRIAL CONFERENCE, TRIAL OR DISPOSITION.

 

When does my child deny or admit guilt to the petitions (charges)?

...The Pre-Trail Conference

  1. At this hearing your child's attorney and District Attorney discuss possible resolutions to the matter PRIOR to the actual TRIAL date. This allows the Defense Attorney and District Attorney time to negotiate.
  2. At the Pre-Trial conference your child may or may not admit guilt to the petitions (charges).
  3. The petition, (charges) may be adjusted at this conference (i.e. felony charge reduced to a misdemeanor, a reduction in the number of charges, etc.).
  4. The petition can be sustained or dismissed at this conference.
  5. If your child admits guilt to any petition, (charges) and the petition was is sustained, then the next court hearing is the DISPOSITION HEARING.
  6. If no negotiation is reached during the Pre-Trial Conference, then the next court hearing is a TRIAL.
 
The First 48 hours: The Court Process begins PDF Print E-mail

*You have the right to an interpreter during the meetings with Probation Officers, and at court hearings.  Please ask for the "Language Line" or a bilingual officer. This service is free.

  1. The intake Probation Officer's role at this time is to investigate the case and to make an informed decision on how to proceed. They will try to gather as much information as possible from you (parent/legal guardian), police officers, school staff, community agencies, counselors and other interested parties. When speaking to the Probation Officer, please emphasize your child's strengths as well as where your child and family need support. This information will help the Intake Probation Officer in developing a release plan for your child.

INTAKE INFO:

During Daytime hours: (415) 753-7530 or (415) 753-7640

After hours call the night duty Probation Officer: (415) 753-7500

Last Updated on Thursday, 28 January 2010 21:02
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Regular Visiting Hours and Rules PDF Print E-mail
  1. Visiting passes are given by the Probation Officer and are valid for 60 days.
  2. After the first 24 hours there are specific times for Regular Visitation. To find out which Unit your child is in, please contact their Probation Officer:

*You will not be permitted to visit you are 30 minutes late

  • All Units:                Tues., Weds., & Thurs: 4:30PM- 5:15PM
  • Units 2, 4 & 6:        Saturday:   12:55pm-1:40pm
  • Units 3, 5 & 7:        Saturday:   02:00pm-2:45pm
  • Units 3, 5 & 7:        Sunday:      03:25pm-4:10pm
  • Units 2, 4 & 6:        Sunday:      04:30pm-5:15pm
Last Updated on Thursday, 28 January 2010 21:01
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First 24 hours: Seeing your child and what to expect. PDF Print E-mail
First 24 hours and First 3 Steps
  1. Immediately following arrest and detainment, you as the parent/legal guardian will be notified by a police officer and/ or a probation officer as to where your child is being held.
  2. Within one hour of admission, your child has the right to make at least two telephone calls- one call completed to their parent or guardian, a responsible relative o r their employer; and a second completed call to an attorney.
  3. Youth may request, to the On-Duty Probation Officer, Additional phone calls to an immigrants rights counselor and/or to a child care provider.
  4. You can visit your child within the first 24 hours at any time. Only visitors allowed within the 24 hour period are parents/legal guardian. You do not have to arrange this with anyone. If you have any questions please call (415) 753-7500. You CAN just show up, but you MUST bring proper photo identification (i.e. driver’s license, passport, state identification card, SF ID card.)
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