Many parents feel panic, fear, anger, and frustration when they learn their child has been detained and taken to the juvenile detention center. When they are then told that the detention will not release their child until the Juvenile Court holds a detention hearing, the complex array of emotions only increases in intensity.

As an experienced Juvenile Defense Attorney serving clients in Williamson County, Travis County, and throughout Central Texas, I am often contacted by parents who find themselves in this situation. They are confused and concerned.

I provide this article in hopes that others will read this and feel less anxious and more empowered after better understanding what will happen at the Detention Hearing.

Once a juvenile is detained and held in a detention center, or another facility that meets the requirements set forth by law to hold juveniles, the facility must release the juvenile to a parent or guardian or give the required notice to parents, prosecutors, and the juvenile court.

If a juvenile is not released, the Juvenile Court must hold a hearing within 48 hours to determine whether or not legal grounds exist to continue holding the juvenile.

However, if the juvenile is accused of using, exhibiting, or possessing a firearm while committing an office, the juvenile detention center cannot release the juvenile, but must instead hold him/her until the Juvenile Court holds a Detention Hearing.

At the hearing, the court will not address whether the juvenile is guilty of the conduct or crime of which he/she is accused or that which lead to his/her arrest and detention. Instead, the Juvenile Court will only decide whether or not the State proved one of the legal grounds necessary for the court to detain the juvenile. These grounds are:

1. The juvenile is likely to be removed from the jurisdiction of the court or is likely to flee the jurisdiction.
2. The parent, guardian, or custodian of the juvenile is not providing suitable supervision, care, or protection.
a. Note: In Williamson County, Texas, the Juvenile Judge will make this finding if it appears to them that the parent or guardian is doing their best to provide good supervision and care but the juvenile is refusing to respond to it
3. The juvenile does not have a parent, guardian, or custodian to bring him/her to juvenile court when required
4. The juvenile may threaten the safety of the public or present a danger to himself/herself if released.
5. He juvenile has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by jail AND the juvenile is likely to commit a crime or offense if released.

If the prosecutor representing the State proves even one of those grounds, the Juvenile Judge has the ability to detain the juvenile until the next Detention Hearing. If the juvenile is detained at the initial hearing the law requires a regular occurring detention hearings within a short period of time to allow continued review of whether grounds for detention continue to exist. In Williamson County, Texas, the Juvenile Judge typically holds these hearings every 5 to 10 days.

A skilled juvenile defense attorney can use these regular hearings to explore alternative arrangements and options to address the concerns leading to the initial detention decision thereby increasing the likelihood the Juvenile Judge will order the juvenile's release.