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A child's arrest is a confusing and unsettling experience for any parent. Like adults, minors can face an arrest and charges for violating California laws. Offenses committed by minors are charged and addressed in juvenile court.
The juvenile justice system operates differently from the adult system. It has distinct rules, procedures, and objectives centered around rehabilitation rather than punishment. A significant difference between the adult and juvenile court systems is that bail for minors is not available in juvenile court. Instead, a judge determines the appropriateness of their release from juvenile hall pending trial.
Bail may only appear in a juvenile case when a minor is transferred to adult court. Under these circumstances, you will need a reliable surety company to help you navigate the juvenile bail bonds.
Is Bail Available in Juvenile Court?
In the adult criminal justice system, offenders post bail to secure their release pending trial. However, in juvenile court systems, offenders cannot secure a bail release. Instead of a bail release, the court holds a detention hearing to determine whether the juvenile is eligible for release before trial. The court schedules a juvenile detention hearing within 48 hours of the minor's custody.
If the minor faces charges for a violent felony, the detention hearing is scheduled within 72 hours of an arrest.
A detention hearing serves the following key purposes:
- Informing the minor. The judge will inform the minor of the charges against them.
- Legal rights. The minor is advised of their rights. They include the right to counsel, the right against self-incrimination, and the right to cross-examine witnesses.
- Plea options. The minor may admit, deny, or not contest the allegations.
- Custody decision. The judge will determine whether the minor should remain in custody without needing bail.
At the detention hearing, the judge considers the following factors before releasing or detaining the minor:
- Flight risk. The judge assesses whether the minor is likely to flee after release. A history of running away, skipping school, or missing prior court dates can weigh against release.
- Danger to the community. Like adult offenders, juveniles can pose a threat to the safety of others. The judge may determine that detention is necessary to protect public safety if the juvenile has a history of violence.
- Risk of self-harm. Before releasing a juvenile before trial, the court considers whether the minor poses a danger to themselves. A record of suicidal behavior or emotional instability may influence the judge to order continued detention.
- Parental or guardian supervision. Whether a responsible adult is willing to supervise the minor after a release can impact the judge's decision. The court will consider the home environment and the parents' involvement.
- Prior juvenile record. Your child's criminal history plays a role in the court's decision. The judge will consider factors like previous arrests, probation violations, and patterns of delinquency. A record of severe or repeated offenses may suggest a higher risk of reoffending. In this case, the judge can order detention pending trial in juvenile court.
- Probation officer’s recommendation. Judges rely on input from probation officers when deciding on a minor's detention. Probation officers assess the juvenile’s background, needs, and risk level. Their recommendation helps guide the appropriateness of a detention or release.
Juvenile Bail Bonds in California
Although bail for minors is not available in juvenile court, there are exceptions when a minor can secure a bail release. If a juvenile commits a serious or violent felony, the court can order their transfer to adult court. A juvenile offender must meet the following eligibility criteria for a transfer to the adult court system:
- The juvenile must be sixteen years or older.
- The child committed a violent felony like murder, kidnapping, or rape.
If a child is charged as an adult, they are detained in jail. In this case, you can post their bail and secure a release before trial in criminal court.
Roles of a Juvenile Bail Bonds Service
A juvenile bail bonds service supports minors and their families during release. You can hire a surety company to help you navigate the juvenile justice bail process if your child is charged as an adult. Their roles include:
Facilitating a Release
The surety company helps you secure your child's release by promising the court that the juvenile will return to court for scheduled proceedings. The company assures the court that the minor will return for trial as scheduled. The release allows the minor to await court proceedings without detention.
Financial Assistance
Bail is financially demanding. Therefore, when your child faces criminal charges in adult court, you want to save your finances for legal counsel and other court obligations. Bail bond services make the bail process more affordable for families.
You will only pay a percentage of the total bail amount with a juvenile bail bond. The standard bail bond fee in California is 10%. However, you could negotiate more favorable repayment plans with your bail bonds company. For example, the company can allow you to give a 1% down payment for the premium and cover the balance in installments.
Legal Navigation Support
The surety company will provide the guidance you need for the juvenile justice bail process. They will help you understand court procedures, timelines, and obligations tied to the bail agreement.
Ensuring court appearance
Bail encourages a defendant to return to court for scheduled proceedings. The bail bonds company must ensure that the juvenile appears in court as required after offering its surety bond services. They may follow up with the family to provide reminders and support compliance.
Coordination with Legal Representatives
Bail bondsmen work closely with attorneys, probation officers, and court officials. They help to streamline communication and manage the terms of release.
Before hiring a surety company to guide you through the juvenile justice bail process, you must ensure they have the experience posting bail for minors. Additionally, you must choose a local company with bondsmen available 24/7 to help you and your shield understand the bail process.
Choosing a Reliable Juvenile Bail Bonds Service Near Me
Learning of your child's arrest is a daunting experience. Unlike in adult court, you cannot secure a bail release for a minor facing charges in juvenile court. Instead, you will attend a detention hearing where the judge releases or detains the minor in juvenile hall awaiting trial.
If your child faces charges for a severe or violent offense, the juvenile court can transfer them to adult court. In this case, they face charges and potential imprisonment like adult offenders. If a child is charged as an adult, they are entitled to bail. You can post the bail in cash, using a property bond, or with the guidance of a surety bonds company.
At 24 Hours Bail Bonds, we will offer our clients fast and reliable juvenile bail bond services. For assistance posting your child's bail in California, contact us at 800-930-8999.