Juvenile Defense Lawyer in Jacksonville, FL

A Florida prosecutor has the discretion to file adult criminal charges against a person who was 14 or 15 at the time the crime was committed if the crime in question is one of several listed crimes, including arson, sexual battery, rape, kidnapping, aggravated assault or battery, armed robbery and other serious crimes. 

A minor who was 16 or 17 at the time of the crime may be charged as an adult for any felony, and may be charged as an adult for a misdemeanor if he or she has at least two prior juvenile adjudications and at least one involved a felony.

Under certain circumstances, the prosecution can also petition the court to “waive” the juvenile into adult court. This process is known as an involuntary waiver. Depending on the specifics, an involuntary waiver may be discretionary (meaning that the prosecutor can decide whether or not to request transfer to adult court) or mandatory (meaning that the prosecutor must either make the request or provide written reasons for not doing so). 

A child may also be tried as an adult in Florida if the minor and his or her parents make a demand for transfer to adult court. This is known as a voluntary waiver.

About half of U.S. states set a minimum age for juvenile delinquency proceedings, but Florida is not one of them. Depending on the circumstances, a child of any age can be adjudicated delinquent.

When a juvenile is initially apprehended on suspicion of having committed a crime, he or she may be held briefly before appearing in court. Florida juveniles do not receive a bond; court’s review a Risk Assessment Instrument to determine whether the child scores for straight release, home detention, or secure detention (in a juvenile detention facility).  The more serious the offense, the more a child will score. Under most circumstances, a court may only hold a child in detention for 21 days before the prosecution must try the case or allow release pending resolution. 

If a child is direct-filed or transferred to adult court, they will be detained in the county jail much like any other adult criminal defendant.

Juvenile court proceedings are different from adult criminal court proceedings, and not all of the same protections apply. However, a juvenile accused of a crime does have a right to be represented by an attorney. Generally, it is in your best interest to consult a defense attorney immediately after your child has been accused of a crime, whether that means a juvenile delinquency proceeding or adult criminal charges. Even a juvenile court can impose serious consequences, including placement in a residential facility. During the 2018-19 fiscal year, there were more than 2,800 commitments of juveniles to residential facilities in Florida. 

Juvenile proceedings differ from adult criminal proceedings, so you will want to speak with an attorney who has specific experience in the juvenile justice system.

In Florida, law enforcement can choose to issue a civil citation for certain juvenile crimes, rather than making an arrest. This option is available for first offenses that are considered common youthful misbehavior, and include fighting without serious injury, minor shoplifting, vandalism, trespassing and similar offenses. 

This program requires that the juvenile fulfill certain obligations, including community service, writing letters of apology and undergoing risk assessment to determine the likelihood of subsequent offenses.

Most juveniles who are sentenced to confinement in Florida are committed to residential facilities throughout the state. The specific facility a juvenile is sent to and the conditions in that facility depend on factors such as the crime committed and the level of security required. 

But, juveniles who are tried as adults may be sentenced to adult prisons. In 2017, the State of America’s Children report listed Florida as the state with the most juveniles incarcerated in adult jails and prisons.

A conditional release is a type of monitored release intended to help ensure a successful transition for a juvenile who has been released from a residential facility. Conditional release is similar to probation; however, a violation of conditional release could result in a transfer hearing wherein the Department of Juvenile Justice makes the decision to send the juvenile back to a residential facility without court oversight.

When a juvenile is alleged to have violated probation in Florida and admits to the violation, the court has broad discretion to modify the terms of probation, impose sanctions, or revoke probation. If the juvenile denies having violated probation, he or she is entitled to a hearing and has a right to an attorney during that proceeding. If the court determines that a violation has occurred, the judge has the same options as if the juvenile had admitted to the violation.

A delinquency adjudication in the juvenile justice system is not technically a criminal conviction. However, the adjudication can have some of the same impacts as a criminal conviction. For example, a juvenile adjudication can disqualify the minor from possessing  a firearm or ammunition, either until the age of 24 or permanently. A juvenile adjudication may also be an obstacle to military service, and may be considered a disqualifier by some employers. Also, under some circumstances, juvenile dispositions are treated as prior convictions for purposes of adult sentencing.

If a juvenile is tried as an adult and found guilty, that determination is a criminal conviction and may have further reaching consequences.

Many people believe that a juvenile record is automatically sealed when the person adjudicated delinquent becomes an adult. However, the process is more complicated and less certain than that. First, while some juvenile adjudications are automatically expunged, this doesn’t happen as soon as the person turns 18. In many cases, automatic expungement doesn’t happen until the adjudicated person turns 26. And, some adjudications aren’t eligible for automatic expungement at all. 

In some cases, it is possible to petition the court to have records expunged earlier.

Juvenile arrests in Florida have declined over the past several years, in part due to the pre-arrest diversion program. In the 2018-19 fiscal year, there were just under 55,000 juvenile arrests in the state of Florida.

When you find out that your child has been arrested, you’ll want to act quickly. In Florida, police can question a juvenile without a parent present. So, you’ll want to find out where your child is and then immediately contact an experienced juvenile defense lawyer. When you speak with your child, remember that what they tell you is not privileged. So, it’s best not to ask questions about what happened–your child can provide that information to their attorney in a confidential setting.

Similarly, you should advise them not to talk to friends about the events that led to their arrest, or to post on social media or otherwise share any information.

In many ways, Florida juvenile cases and adult criminal cases are similar. For instance, a juvenile facing allegations of delinquency has most of the same Constitutional rights as an adult defendant. And, both juvenile and adult criminal proceedings can have serious consequences. But there are a few important differences.

Juveniles are less likely to be detained while the proceedings move forward. The juvenile delinquency procedures are a bit less formal, and parents are involved in the process. The state positions the process as less adversarial than adult criminal proceedings, but that isn’t always true, so don’t be lulled into a false sense of security when dealing with law enforcement and prosecutors.

Juveniles are not entitled to a jury trial–if a disposition hearing is required it will be the judge who considers the evidence and makes a decision. The sentencing possibilities are also different. However, it’s important to note that juveniles can be sentenced to detention.

Juvenile offenses cover a broad spectrum, just as adult criminal charges do. Virtually any action that would be a crime if the accused were an adult can also be treated as a juvenile offense. A minor may face juvenile proceedings for underage drinking or spray painting a sidewalk. However, the offenses juveniles most often face delinquency proceedings for are more serious. Some of the most common include assault and battery, burglary, theft, drug offenses, and weapons-related offenses.

The important thing to remember is that any juvenile offense, even a seemingly-minor one, can have serious consequences. And, many Florida crimes are considered so serious that the prosecutor has discretion to charge a 17-year-old as an adult.

First, don’t jump straight to sentencing. Your juvenile defense attorney may be able to find a problem with the case and get it dismissed, or persuade the prosecution to offer participation in a diversion program or other resolution that doesn’t involve an adjudication of delinquency.

If your child admits the violation or is adjudicated delinquent at a hearing, the court’s sentencing options range from probation and community service to sentencing to a juvenile detention facility. Of course, this assumes that the juvenile is tried as a juvenile. A juvenile who is tried as an adult may face the same penalties as an adult, including sentencing to an adult jail or prison.

The best time to hire a juvenile defense attorney is the moment you find out your child has been arrested or is facing allegations of delinquency. It’s easy to make mistakes early in the process that can affect the outcome of your child’s case. Ideally, you will hire an experienced juvenile defense lawyer before you or your child has any substantive discussions with law enforcement or the prosecution, and as far in advance as possible before the first scheduled court appearance.

A juvenile defense attorney can help at every stage of a juvenile proceeding, beginning with ensuring that you and your child understand your child’s rights and are armed with the information you need to avoid harmful missteps.

An experienced juvenile lawyer will also know the possible options for avoiding an adjudication of delinquency, and what factors will help persuade the prosecution to agree to an alternative resolution. If your child’s case goes to an adjudicative hearing–like a trial–your attorney will handle all of the substantive and procedural issues, from subpoenaing witnesses and getting evidence introduced to zeroing in on any weaknesses in the prosecution’s case.

Juvenile proceedings are different from adult criminal proceedings, and the options available to your child may be different. That means not every criminal lawyer is equipped to give your child the best representation in a juvenile proceeding. A juvenile may also face efforts to move the case to adult court. Ideally, your attorney will be experienced in both juvenile defense and adult criminal court proceedings, so they are prepared to effectively represent your child in juvenile court, fight any effort to try the child as an adult, and then continue representation if the case is moved to adult criminal court.

A juvenile case may start with an arrest, a notice to appear (like a ticket), or a summons. If the prosecution and juvenile defense attorney don’t reach a non-charging resolution, a petition is filed in the juvenile court. The next steps are similar to an adult proceeding: an arraignment hearing where the child is informed of the allegations and the entry of a plea of either guilty or not guilty.

Next, both parties engage in discovery, which is an exchange of information. At the same time, your attorney may continue to negotiate to resolve the case without a hearing. If that doesn’t work out, a hearing that is much like a criminal trial will be held. The main difference is that the judge, not a jury, will decide the case.

A minor in a juvenile proceeding has most of the same Constitutional rights as an adult, including the right against self-incrimination, the right to an attorney, and protection against unreasonable search and seizure. One key difference is that a juvenile does not have a right to a trial by jury.

Many juvenile records can be sealed or expunged. But there are some exceptions. And, the process can be more complex than many people assume. Some records are automatically expunged, but not when the minor turns 18. The date varies, and may be as late as their 26th birthday.

Some records can be expunged earlier on application, and others can’t be expunged at all. In some cases, eligibility for expungement can be lost due to a later conviction. The best source of information about whether a particular record can be sealed or expunged is an experienced local juvenile defense lawyer.