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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
- 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.
- At the Pre-Trial conference your child may or may not admit guilt to the petitions (charges).
- 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.).
- The petition can be sustained or dismissed at this conference.
- If your child admits guilt to any petition, (charges) and the petition was is sustained, then the next court hearing is the DISPOSITION HEARING.
- If no negotiation is reached during the Pre-Trial Conference, then the next court hearing is a TRIAL.
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