145 Kids and the Law If the judge finds by clear and convincing evidence (a firm belief that it is highly probable) that there are no conditions of release that will reasonably assure the safety of any specific person or the general public, the judge will order the child held without bail until the trial. The trial shall be scheduled as soon as possible, but in any case, a child cannot be held without bail for longer than 120 days. If the ADA does not prove by clear and convincing evidence that there are no conditions of release that will reasonably assure the safety (of any specific per- son or the general public), the judge may release the child with conditions. These conditions may include a curfew, counseling, reporting daily to proba- tion, drug screens, etc. The judge may also set cash bail for the same reasons as described above. What can the judge consider in making the decision at the dangerousness hearing? In addition to the factors that are considered in any bail decision, the judge looks at the nature and the seriousness of the danger posed by the child’s release, the circumstances of the charge (such as when or where the alleged offense occurred or whether there was a serious injury), and whether the child is involved with drugs or has a mental or behavioral health issue. Nothing at this hearing changes the fact that the child is presumed innocent until proven delinquent. What happens at a pre-trial conference? The pre-trial conference occurs after the arraignment. The defense attorney and the ADA will discuss the case. The ADA must provide the defense attorney with all police reports, names of witnesses, and other evidence or informa- tion that led to the filing of the charges. The defense attorney may also have to provide the ADA with certain information, such as names and addresses of experts or other people who the defense may want as witnesses at trial. Delinquent Children 11