Juvenile Crimes

JUVENILE PROCEEDINGS
In Florida, Juvenile crimes are those that are committed by defendants under the age of 18.

FELONY vs. MISDEMEANOR
Both Felonies and Misdemeanors are before a circuit court Judge in Florida, except:

• Traffic misdemeanors are handled in county (misdemeanor) court; and
• Very serious felony cases are handled by the circuit court, when the State “direct files.”
  

PENALITES
In juvenile cases, there are different diversionary programs which allow the child to keep the charge off his/her record. In most cases, we attempt to get the child into the proper program which would allow him/her to have a clean record upon completion. Our goal, like the Courts, is to make sure the child is in school or working.

The Department of Juvenile Justice also plays a major role in juvenile cases, they frequently make recommendations to aid the Judge and prosecutor. The child usually meets with the Department before his/her first court date.
Juveniles with prior records are often offered “programs” by the prosecutor. These programs range from week-long boot camps to youthful offender prison-like sentences. When incarcerated, Juveniles are held at separate facilities than adults (unless the case was 'direct filed').

BOND ISSUE/DETENTION HEARINGS
One of the distinctions regarding juvenile court is that upon arrest, the child is not necessarily entitled to a bond. This is different from adult court where the defendant is given the opportunity for a bond within 24 hours of arrest. In juvenile cases, within 24 hours of arrest, the child will go before the Judge in a detention hearing, who will then determine whether he will let the child be released and when. The Judge can keep the child for up to 21 days with no bond if the offense is egregious enough.  The Judge can also order the child released to family or kept for any period of time between 1 and 21 days. .

CURFEW
Another issue in Juvenile cases is the Curfew issue.  In almost all Juvenile cases, while the child is awaiting his first court date, he or she is usually under a behavior order issued by the Judge. This behavior order will specify certain conditions that the child must follow. Among other things, there is usually a curfew the child must abide by. The Judge will also mandate that the child goes to school, gets a job, or both.

DEFENSE/TRIALS
Another issue unique to Juvenile cases is that the child is not entitled to a jury trial. If there is a trial held at the conclusion of the case, the Judge will be the trier of fact and make the decision. Frequently, the best defense in a juvenile case is to get your client into the right diverson program which will allow him/her to have a clean record.

We have handled many Juvenile cases, both as prosecutors and as defense attorneys

Contact us about your legal matter today!