DETENTION HEARING NUTS & BOLTS

1. By: Walter Munoz, DPD, L.A. Co. Public Defender’s Office, Juvenile Division DETENTION HEARING NUTS & BOLTS

2. WHEN IS DET. HRG REQUIRED? • 1) Detained arraignment. • 2) When M requests rehearing. (William M./ Dennis H.). • 3) Later court appearance alleging change of circumstances. • 4) CDP/Electronic Supervision.

3. TIMELINES FOR INITIAL DET. HRG • Felony, violent misdemeanor, or M on probation: • Petition filed w/in 48 hours • M brought to ct. by end of first judicial day after pet. filed. • Non-violent misdemeanors where M not on probation: • Petition filed and • M brought to ct. w/in 48 hours of detention. • Must release M if timeline violation. • Tip – Look at time of arrest and time stamp on petition.

4. PRESUMPTION – M “MUST” BE RELEASED • Cal. R. of Ct. 5.758 states that “the Court MUST RELEASE the child unless the court” makes specific findings. • Tip - Remind Court of presumption.

5. 3 REQUIREMENTS FOR DETAINING M • 1. A PRIMA FACIE SHOWING is made that M is person described by WIC 602. • 2. A GROUND FOR DETENTION exists. • 3. “Continuance in home is CONTRARY TO M’S WELFARE.”

6. REQUIREMENT 1: PRIMA FACIE SHOWING • 1) Stipulation. • 2) DA submits matter to court on basis of police reports. • Burden of proof = probable cause

7. REQUIREMENT 2: GROUND FOR DET. EXISTS • W&IC 635 Grounds: • M violated a court order; • M escaped from commitment; • M likely to flee; • Matter of immediate and urgent necessity for the protection of M; or • Reasonably necessary for protection of person or property of another. • Only one ground needed.

8. REQ 2: GROUNDS FOR DETENTION CONT... • Tip – always review Cal. R. Ct. 5.760. • Grounds of Detention Defined. • Example: Cal. R. Ct. 5.760 (i)(urgent necessity for protection of M) • There are no means to ensure protection of M until next court date. • M in danger from use of drugs. • Other compelling circumstances exist.

9. REQUIREMENT 3: CONTINUANCE IN HOME IS CONTRARY TO M’S WELFARE • Argue that home is better. • Safeguards in place. • Plan in place. • Argue detention detrimental. • Specific to M. • In general – dangers of detention.

10. Q: WHAT DOES A DETAINED ARRAIGNMENT LOOK LIKE? • A: Anything you want it to look like. • Cal. R. Ct. 5.756(b): the court “MUST CONSIDER any RELEVANT EVIDENCE that the child, the parent, the guardian, or counsel presents.”

11. GETTING A “DO-OVER” • Now, Court has made order to detain M at arraignment. • What next? • Can request REHEARING. • Grounds for Detention. • Prima Facie Showing – Police Report.

12. DET. REHEARING: 2 TYPES • 1) Rehearing on Grounds for Detention. • (aka WILLIAM M. HEARING). • 2) Rehearing on Prima Facie Showing. • (aka DENNIS H. HEARING).

13. WILLIAM M. HEARING • Why? More time to articulate details about M. • Can also: • Call wits. • Produce docs.

14. DENNIS H. HEARING • Rehearing must occur w/in 3 days. • Ct may grant DA continuance up to 2 addnl. days if wits unavailable. • Right to cross-examine preparer of reports but not percipient witnesses. • Litigate coerced confession. • M under 14: DA must prove up Gladys R. (M knew wrongfulness of conduct).

15. DENNIS H. PROS • Pros: • Useful pre-adjudication discovery tool. • Preview officer testimony. • Foundation for later impeachment. • Set up a later suppression motion. • Helps highlight areas of investigation needed. • Shows judge that case is weak or should be reduced to misdemeanor.

16. DENNIS H. CONS • Cons: • May reveal un-alleged offenses. • May reveal that offense is undercharged. • May reveal defense.

17. CALLING VICS AT DENNIS H. • Only right to cross-examine preparer of report. • But, court “must consider any relevant evidence” at detention hearing. • Cal. R. Ct. 5.756(b) • Subpoena wits under this theory. • Tip – Run William M. with Dennis H. • Look at detention grounds definitions. • “Circumstances of the offense.”

18. REMEDY IS RELEASE NOT DISMISSAL • If the proper showing is not made, remedy is release. • Benefits of release: • Disposition; • Preparation of defense; and • Avoid detrimental effects of detention.