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.