Elana is currently charged with Aggravated Assault on a Law Enforcement Officer after injuring a police officer who was trying to break up a fight between her and another girl at a local park on Friday night.
Background of the case: Elana is currently charged with Aggravated Assault on a Law Enforcement Officer after injuring a police officer who was trying to break up a fight between her and another girl at a local park on Friday night. She scored for placement in juvenile detention on the Risk Screening Tool. On the following Tuesday, the public defender met with her in a holding cell of the court house to discuss the facts of the case, and to let her know what evidence the Prosecuting attorney currently has. He also explains that the Judge has the discretion to either release her to her parents or remand her back to the detention center because there is no right to bail in the juvenile court. He reminds her of her other constitutional rights at trial (the right to confront witnesses, the right to testify on her own behalf, the right against self-incrimination, the right to have representation by an attorney, etc).
When the Sheriff’s officers bring Elana into the court room, the following happens:
The Prosecuting attorney shares the information in the juvenile complaint (including a statement of the charge and a description of events given by the arresting officer), and presents a summary of the evidence they have gathered so far to show that Elana committed the offense. He explains there is no plea offer yet because they are still interviewing witnesses and gathering discovery (evidence). He notes that Elana was adjudicated delinquent last year for a similar offense and was still on probation at the time of this alleged offense. Therefore, the Prosecutor argues that she should be remanded to the juvenile detention center after this hearing.
The public defender says that Elana denies the facts that were just presented by the state, and argues that her placement in detention is a detriment to her well-being. He advocates that she would be better off at home where her parents can supervise her, she can continue to meet with her therapist on a weekly basis, and she can return to school where she is currently an A/B student in the 11th grade and captain of the girls’ track team. She has no history of disciplinary issues in school.
The Judge decides to remand Elana back to the detention center but makes a referral to the Home Detention program, so that she can be assessed for release on an ankle bracelet. Her next hearing is scheduled in 2 weeks.
THIS IS MOST LIKELY AN EXAMPLE OF WHICH TYPE OF HEARING?
A. Pre-Trial Conference/Status Conference
B. Adjudication hearing
C. First Appearance/plea hearing
D. Detention hearing
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