What Happens at a Juvenile Detention Hearing in Florida?

A Step-by-Step Guide for Parents and Families

When a child is taken into custody in Florida, the very first court appearance is called a juvenile detention hearing. This hearing usually happens within 24 hours of the arrest, and it determines two critical issues:

• Whether there is probable cause to believe the child committed the delinquent act, and
• Whether the child will be released or held in some form of detention while the case proceeds.

This process is very different from adult first appearances. It is more informal in some ways, more technical in others—and it moves very fast. Parents are often frightened and overwhelmed because they have little time to prepare.

Below is a clear explanation of what actually happens during a juvenile detention hearing in Florida, based on the formal procedures courts follow.

Attorneys for Juvenile Detention Hearings in Florida

If your child was arrested for allegedly committing a crime, contact an experienced criminal defense attorney at Sammis Law Firm. We are experienced in representing juveniles at every stage of the case including during any pre-arrest investigation, at the detention hearing, at pretrial conferences, duriing motion hearings to suppress or exclude evidence, and at trial.

Juvenile detention hearings move fast—often lasting only a few minutes—but they are highly consequential. A child’s detention status impacts school, family stability, mental health, and the direction of the case.

Having an experienced juvenile-defense attorney at this first hearing can:

• challenge weak probable cause findings;
• argue for release or lower-level supervision;
• ensure DRAI scoring is correct;
• protect the child’s rights; and
• prevent unnecessary secure detention.

If your child was taken into custody and has a detention hearing scheduled, contact us immediately. We understand the pressure families face and work quickly to protect the child’s rights and secure release whenever possible.

Read more about juvenile detention hearings in Tampa, Hillsborough County, FL.

Call 813-250-0500.

1. Judge Calls the Juvenile Case at the Detention Hearing

The judge begins by calling the child’s last name and case number and taking appearances from:

• The Assistant State Attorney (ASA)
• The Assistant Public Defender (APD) or private defense lawyer
• The Department of Juvenile Justice (DJJ) representative
• Parents are asked to identify themselves for the record, and victims—if present—are acknowledged and given the opportunity to be heard.

2. Judge Appoints an Attorney for the Juvenile

The judge advises the child of the right to an attorney. If the family has not hired private counsel, the Public Defender is appointed unless the child waives counsel in writing after consulting with a lawyer.

If parents are present, the court confirms they were notified. If they are not present, the judge asks whether reasonable efforts were made to notify them.

3. Judge Reviews the Charges and Juvenile’s Rights

The judge confirms whether defense counsel reviewed the child’s charges and rights before the hearing. If not, the judge personally explains:

• what the child was taken into custody for;
• that the child has the right to remain silent; and
• if no parent is present, the child has the right to communicate with a parent or guardian.

4. Judge Reviews the Criminal Report Affidavit (CRA)

The Criminal Report Affidavit is the officer’s sworn statement describing what allegedly happened. The judge reads the CRA and decides whether probable cause exists for each alleged delinquent act.

This is a non-adversarial stage, meaning the rules of evidence are relaxed and the judge may rely on any relevant information, even hearsay.

If the judge finds probable cause, then the hearing moves to the detention issues, If no probable cause is found, the judge may release the child immediately, or continue the hearing for up to 72 hours to allow the State to supplement the evidence.

5. Judge Decides Whether the Child Must Be Detained

If probable cause is found, the judge must decide whether detention is required and, if so, what type. The judge uses the Detention Risk Assessment Instrument (DRAI)—a point-based scoring tool used statewide.

At the hearing, the judge asks DJJ:

• “What does the juvenile score on the DRAI?”
• “What does that score call for?”

Then the judge asks both the State and the defense if they disagree with the DRAI score. The possible DRAI Score Outcomes are as follows:

• 1–6 points: Release
• 7–8 points: Home Detention
• 9–11 points: Intensive Home Detention
• 12 points: Intensive Home Detention with Electronic Monitor
• 13+ points: Secure Detention

Judges typically follow the DRAI unless there is a strong reason to deviate. If detention (of any kind) is ordered, it is usually for up to 21 days.

6. Other Court Orders the Juvenile Court Judge May Enter

Depending on the case, the court may also order:

• No Contact with Victims – The judge confirms whether any victim wants to speak and may restrict contact based on safety concerns.
• No Return to the Offense Location – The child may be prohibited from going within 1,000 feet of the place where the incident occurred.
• No Contact with Co-Defendants – Co-defendant names are read into the record.
• Conditions Related to Weapons, Drugs, or Violence – 
  • No possession of weapons or ammunition
  • No illegal drug use (with DJJ authorized to conduct random testing)
  • No contact or no-violent contact in domestic-violence situations
• Respite Care – If the child cannot return home due to a no-contact order or for some other reason, the judge may order respite care at a DJJ-approved facility.

7. Scheduling the Arraignment in Juvenile Court

Before the hearing ends, the judge asks the clerk to announce the child’s arraignment date, time, and division/judge. This is the next court date, where the child might formally enter a plea or request a motion or trial date.

8. Final Questions and Closing

The judge asks if there is anything else that needs to be addressed. If issues fall outside the scope of detention, they may be reserved for the division judge or a later review hearing.