When a minor enters the juvenile justice system, the clock starts ticking toward a critical early decision point: the detention hearing. Unlike the adult system’s bail hearings, juvenile detention proceedings operate under different standards and with rehabilitation—not punishment—as the stated goal. Yet the consequences remain serious.
If you are a parent of a teen accused of juvenile crimes, understanding what happens during these hearings is crucial to effectively advocate for your child’s best interests.
The purpose
A detention hearing happens shortly after authorities take a juvenile into custody. This court proceeding determines whether the juvenile should stay detained or go home pending trial. In New Jersey, this hearing must occur within 24 hours of initial detention.
The elements
During this important court appearance, several things happen:
- The judge explains the charges against your child.
- Your child receives information about their legal rights.
- The court evaluates if continued detention serves public safety needs.
- The judge considers if your child poses a flight risk.
- The court examines if releasing your child might endanger others or themselves.
- A determination about detention or release gets made.
New Jersey follows specific guidelines for juvenile detention. The law requires “probable cause” that your child committed the offense. Additionally, the judge must find that releasing your child would create a serious threat to the community or that your child might not appear at future court dates.
The role of parents
Parents play a vital role in detention hearings. Your presence shows the court your child has supervision and support at home. You may speak about your ability to ensure your child follows court orders and attends all required appearances.
Why legal representation matters
Having an attorney present at the detention hearing significantly impacts the outcome. A juvenile defense lawyer understands detention alternatives and can present compelling arguments for your child’s release. They know how to address the judge’s concerns about supervision and public safety.