If a juvenile is arrested, they must have a detention hearing within 24 hours. They will be taken to the local Juvenile Assessment Center and have an evaluation conducted by a professional from the Department of Juvenile Justice (DJJ).

After this evaluation, DJJ will complete the Detention Risk Assessment Instrument, commonly called the DRAI (pronounced dre), which provides a formulaic assessment of the risk to the community based on the child, their history, and the crimes alleged. This assessment gives a number of points at the end, with multiple ranges of points determining the child’s level of supervision for release; the lowest being straight release with no DJJ supervision, to the highest being a child being held for 21 days in secure detention.

Present at the detention hearing will be the judge, an Assistant State Attorney (ASA), an Assistant Public Defender (APD), a representative from The Department of Juvenile Justice, and the parents or guardians. If you hire a private attorney in time, the private attorney will be present. At this hearing the judge will read out the charges pending against the Child. The DJJ representative will go over the assessment and DRAI findings. The ASA will read out the factual basis for the charges, if there is a victim, the victim’s position on the child’s release, and the State’s position on the child’s release. The APD or private attorney will make legal arguments as to probable cause and can argue for a points deduction for the DRAI to try to get the supervision level of release lowered. The judge will then make a determination as to probable cause and the level of supervision and release of the child.

The Court will provide an arraignment court date for the Child’s case, which will usually be within 21 days of the arrest.