What Is a Juvenile Detention Hearing?
A juvenile detention hearing happens after a child is arrested and detained. The court must hold this hearing within 48 hours, not counting weekends or holidays. The purpose of the hearing is for the judge or magistrate to decide whether your child should stay in detention or be released before the next court date.
The judge will look at several things, including:
- Nature of the alleged offense
- Your child’s behavior and criminal history
- Whether your child is a risk to others
- Whether you can provide proper supervision at home
Your Child’s Rights
In Colorado, juveniles have legal rights just like adults. These include the right to:
- Have an attorney. If you cannot afford one, the court will appoint one.
- Be present and hear the charges.
- Remain silent.
Make sure your child understands these rights before the hearing. If possible, speak with an attorney together ahead of time.
What You Can Do Before the Hearing
Preparation is key. Here are a few steps you can take before the hearing:
- Collect Records: Bring report cards, awards, or other school records. These can show your child’s positive behavior.
- Character Letters: Ask teachers, mentors, or religious leaders to write letters describing your child’s character.
- Plan for Supervision: Be ready to explain how you will monitor your child if they are released. Judges will want to know your child will be safe and supervised.
If your child has special needs or is receiving counseling, bring documentation. This can show that they have support outside the system.
Possible Outcomes
The judge can make one of several decisions:
- Release your child to your custody and place your child on pre-trial supervision, meaning that a pre-trial officer will monitor your child throughout the pendency of the case and ensure that they are compliant in the community. The requirements of pre-trial supervision may include being placed on a GPS monitor, giving urine samples to test for drugs and/or alcohol, complying with a curfew, and/or participating in therapeutic or educational services in the community.
- Release your child to your custody and place your child on summons status, meaning that your child will not be on pre-trial supervision and will instead be supervised solely by you.
- Detain your child until the next court date. This usually happens only if the court thinks your child might flee (based on a prior pattern of not appearing at court hearings) or commit another offense, or if your child has several prior juvenile cases, lacks supervision in the community, or are accused of committing a violent or serious offense.
Sometimes, the judge may order your child to return for another hearing with a more thorough assessment.
Regardless of whether the judge releases your child from detention or not, the next hearing, called a Return on Filing, will be held within 72 hours, not counting weekends or holidays. This hearing is another opportunity for an attorney to argue that your child should be released.
Know the Law
Colorado law lays out the rules for juvenile detention hearings. The key statute is Colorado Revised Statutes § 19-2.5-305. This law explains the time limits for hearings, the criteria judges must consider, and your child’s legal rights.
Familiarizing yourself with this law can help you feel more confident going into the hearing.
Why Legal Help Matters
Juvenile hearings move fast. Decisions made early on can affect the rest of the case—and sometimes your child’s record for years. That’s why having an attorney is so important.
An attorney can:
- Represent your child in court
- Speak on their behalf
- Advocate for release and fair conditions
- Guide you through what happens next
Working with an experienced attorney ensures you won’t miss necessary steps or options that could help your child.
We’ll Support You When You Need it Most
The juvenile justice system is tough to navigate alone. At The Juba Law Office, we understand how stressful this experience can be for families. Our team has the experience and dedication to guide you through each step of the detention process. If your child is facing a juvenile hearing, speak with an attorney as soon as possible.
