Juvenile Defense Lawyer
West Palm Beach

Juvenile Offenses in Florida

Like every other state in the country, Florida maintains two distinct legal systems – one for adult offenders, and one for juveniles. When a young person, under the age of eighteen, is charged with a crime, the case is most often handled by the Juvenile Justice System. The focus of the Juvenile Justice System is on rehabilitating and redirecting errant youth, rather than on punishing them.

So, even though the crimes committed by juveniles may be similar to those committed by adults – from minor misbehavior to violent felonies – criminality committed by juveniles is considered “delinquency” and the perpetrators are most often dealt with in juvenile court. However, in some cases, when a court judges that a juvenile offense is particularly severe, or if a child has a previous criminal history, or is close to the age of maturity, a minor may be tried and convicted as an adult in adult court.

The laws pertaining to Juvenile Justice in Florida can be found in Chapter 985 of the Florida Statutes. However, other sections of Florida law also describe penalties for certain criminal acts committed by a minor, making the adjudication of juvenile crime a highly technical aspect of law. For example, penalties for acts of criminal mischief committed by a minor are stipulated in Chapter 806, while penalties for lewd or lascivious behavior are covered in Chapter 800 and Chapter 775. Chapter 322 outlines penalties for unlawful possession of a driver’s license or fake ID, regardless of age, and violations of a law pertaining to the operation of a motor vehicle are tried in the same court that handles these offenses committed by adults.

That is why it is highly advisable that the parents of a child charged with any offense contact a knowledgeable attorney, experienced in representing children in juvenile court. If a judge determines that a parent is financially able, he or she has an obligation to provide an attorney for a delinquent minor facing adjudication. Additionally, in some cases, Florida law allows the juvenile court to order a parent to pay restitution to victims of certain crimes committed by his or her child. Thus, juvenile offenses can have serious consequences for both a child and a parent, which is why competent legal guidance is important.

The Stages of the Juvenile Justice System           

Juvenile cases progress through the Juvenile Justice System differently than adult cases are processed through the state’s criminal courts. Once a juvenile is taken into custody by law enforcement, he or she is delivered to the Department of Juvenile Justice’s Juvenile Assessment Center (JAC). There, a counselor will determine if the child will be detained, or released into the custody of a parent or guardian.

A juvenile who is held in detention overnight must have a hearing within 24 hours of his or her arrest. A judge will then determine if the child will be released or held in detention for a period of not more than 21 days. Concurrently, the State Attorney’s office will determine what charges, if any, will be filed against the juvenile.

Approximately three weeks after an arrest, a charged juvenile will appear for an arraignment, hear the charges filed, and plead either “Guilty,” “Not Guilty,” or “No Contest.” If a trial is scheduled it will generally take place within several weeks. Between the arraignment and the trial, the State Attorney and the juvenile’s defense attorney will engage in the process of discovery, interviewing witnesses and/or victims of the alleged crime.

If the juvenile is a first-time offender, he or she may be ordered to participate in a pretrial “diversion” or “treatment” program which may include community service, restitution to victims, counseling, etc. Charges may be dropped against a juvenile who successfully completes a diversion program, but reactivated if he or she fails to fulfill the program’s stipulations.

All juvenile trials are presided over by a judge. There are no juries in juvenile court. Trial rules are similar to those in adult court, with the state having the burden of proving its case “beyond a reasonable doubt.” If a judge finds a juvenile defendant guilty, he or she may order the Department of Juvenile Justice to submit a “predisposition report” outlining the background, criminal history and family circumstance of the juvenile. The report will normally include a sentencing recommendation for judicial review.

Upon finding a juvenile defendant guilty, a judge may impose two types of sentences: probation or commitment. Probation generally will require that the offender fulfill certain requirements, such as community service, apologizing to victims, etc. Commitment to a juvenile detention facility can range from 30 days to 36 months depending upon the nature of the crime and the juvenile’s past criminal record, if any.

Examples of Juvenile Crimes / Juvenile Offenses

The following crimes are some of the offenses committed by juveniles in Florida:

• Theft – shoplifting, stealing from backpacks and lockers
• Vandalism – graffiti, keying a car
• Alcohol Offenses – underage purchase, underage consumption, providing alcohol to underage persons, open container
• Disorderly Conduct – fighting, flashing, indecent exposure
• Simple Assault or Battery – bullying, shoving or pushing
• Marijuana Possession
• Tobacco Offenses – illegal purchase, providing tobacco to underage persons
• Curfew Violations
• School Disciplinary Offenses – fighting, cheating, disrupting class
• Traffic Violations – reckless driving, fleeing and eluding
• Truancy
• Criminal Trespass
• Criminal Mischief – egging or toilet papering a house, damaging a mail box
• Drug Offenses (possession of drug paraphernalia, drug possession, drug trafficking, drug use)
• Harassment
• Violent Crimes
• Driving Under the Influence (DUI)
• Fraud
• Burglary – breaking and entering with intent to steal
• Robbery
• False Reporting – pulling a fire alarm, bomb threats, false 911 call
• Loitering
• Possession of Stolen Property
• Possession of a Weapon
• Reckless Endangerment
• Resisting Arrest With/Without Violence – running away from law enforcement, refusing to disband when ordered by an officer, lying to police
• Unauthorized Use of a Motor Vehicle
• Use of Fake or False Identification
• Gang-related Activities
• Sexual Misconduct (date rape, sex offense)
• Probation Violations
• Homicide
• Weapons Offenses

Potential Punishments for Juvenile Offenders

The main goal of the juvenile justice system is rehabilitation rather than punishment. Florida Statute Section 985.227 gives the State Attorney’s Office the discretion to file charges against a child in adult court rather than juvenile court depending on the type of crime and the child’s age. However, juveniles can be transferred into adult court and receive adult sentencing if the juvenile court waives or relinquishes its jurisdiction. Juvenile courts have their own special rules and procedures. If a child or teenager is found guilty of a juvenile offense, he or she may be sent to the Department of Juvenile Justice Residential Program or another public institution, placed in a foster home, or returned to the parents and placed on probation or house arrest.

Some specific crimes and their possible penalties:

• Possession of Alcohol – Suspension of driver’s license, probation, community service, mandated alcohol and drug awareness program, fines of up to $500.
• Sexting – Defined as the act of sending sexually explicit messages or photographs, primarily between mobile phones, sexting is a felony charged as child pornography.
• Lewd and Lascivious Behavior – An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age commits a felony of the second degree.
• Unlawful ID Possession – The penalties for a violation of this statute can be severe and can include imprisonment in state prison for five years or less and/or fines up to $5,000. Other juvenile penalties can include a permanent criminal record, suspension of a lawful driver’s license, probation, community service, detrimental effects on future employment, and a reduction in educational opportunities.
• Criminal Mischief – Can include fines of over $1000, paying restitution, hundreds of hours of community service, loss of driver’s license and a permanent criminal record. Certain juvenile criminal mischief cases may also be charged as felonies.
• Resisting Arrest With Violence – A third degree felony punishable by up to five years in prison.

Three Reasons to Choose The Suskauer Law Firm P.A. for Juvenile Defense

1. Our attorneys have more than 40 years of combined experience. We are former public defenders and are very familiar with the local Palm Beach County juvenile justice system.
2. The Suskauer Law Firm P.A. has litigated thousands of criminal defense cases and is highly skilled at representing juveniles. We are well-acquainted with the individual prosecutors and judges who handle these cases, and will work hard to secure an outright dismissal or reduction in charges whenever possible.
3. Our attorneys and staff empathize with children and families, realizing that family problems and other circumstances can place children in difficult situations. We will do our very best to minimize the stress and negative effects of the case process for both the child and the family members. We also assist clients and family members in finding the right juvenile resources to help prevent future problems.

Frequently asked questions about juvenile charges in Florida

Does my child stay in custody after a juvenile arrest in West Palm Beach? 

A child does not always stay in custody after a juvenile arrest in West Palm Beach. The child is first taken to the Palm Beach County Juvenile Assessment Center, where the Department of Juvenile Justice scores a Detention Risk Assessment Instrument. Low scores usually mean release to a parent that day. Higher scores, or a serious charge, mean secure detention and a detention hearing before a judge within 24 hours, where a lawyer can argue for release or home detention. Secure detention before trial is normally limited to 21 days (Fla. Stat. 985.255). Parents should be at that hearing, with a lawyer.

Will my child's juvenile record go away in Florida? 

Yes, most juvenile records go away in Florida automatically. The state expunges a juvenile's criminal history record at age 21, or at 26 if the child was classified as a serious or habitual juvenile offender or committed to a maximum risk residential program (Fla. Stat. 943.0515). The exception that matters: if the person is later charged as an adult with a forcible felony, the juvenile record merges into the adult record and stays. A child who completes a diversion program for a misdemeanor or a nonviolent felony can apply to have that record expunged right away (Fla. Stat. 943.0582).

Can a minor be charged as an adult in Florida? 

Yes, a minor can be charged as an adult in Florida. Prosecutors have broad power to "direct file" a juvenile case in adult court without a judge's approval: for 14 and 15 year olds charged with certain serious felonies, and for 16 and 17 year olds charged with any felony (Fla. Stat. 985.557). A child charged as an adult is held at the adult jail, faces adult prison time, and gets a permanent adult record. Direct file is a prosecutor's decision made in the first weeks after arrest, which is when a lawyer can present the child's history, school record and family support to argue against it.

What is the longest sentence a juvenile can get in Florida? 

In juvenile court in Florida, the longest a child can be held is until age 21, and most commitments end at 19. The real exposure comes if the State Attorney's Office in West Palm Beach transfers the case to adult court, where a teenager faces the same sentences as an adult, including life for murder. Life without parole for a juvenile is limited to homicide, requires the judge to weigh the child's age and background first, and comes with a review hearing after 25 years (Fla. Stat. 921.1401, 921.1402). For any other crime, a juvenile cannot be sentenced to life without parole, and long sentences get a review after 20 years. Keeping the case in juvenile court is the first fight.

What is a civil citation in West Palm Beach? 

A civil citation in West Palm Beach is an alternative to arrest for a juvenile's misdemeanor. Florida requires every judicial circuit to run a prearrest delinquency citation program for misdemeanors, and a child who completes the community service, counseling or restitution it requires ends up with no arrest and no delinquency record (Fla. Stat. 985.12). In Palm Beach County, the Sheriff's Office runs its Juvenile First Offender Program for first time misdemeanors such as shoplifting, trespass, simple battery, and small amounts of marijuana. The decision belongs to the officer and the program's rules. If your child was arrested for something that could have been a citation, raise it with the State Attorney's Juvenile Division, which makes the diversion decisions.

Do we need a lawyer if it is only juvenile court? 

Yes, you need a lawyer even if it is only juvenile court. Juvenile court is not a lighter version of adult court; it has different rules, a different vocabulary, and a judge who decides guilt without a jury. Outcomes range from diversion with no record to commitment in a residential program for months or years, and the choice between them is made early. The juvenile division in West Palm Beach has real diversion options, but they have to be requested and negotiated. A lawyer also watches for the direct file decision. What happens in a juvenile case shapes college applications, military enlistment, and the record that follows a child into adulthood.

Will a juvenile record affect college or the military? 

A juvenile record can affect college and the military, even though juvenile records are confidential. Most college applications no longer ask about arrests, but scholarships, professional programs, and the military do. Military enlistment paperwork requires you to disclose juvenile arrests and adjudications even when the record is sealed or expunged, and hiding one is fraudulent enlistment. Juvenile adjudications for felonies can require a waiver to enlist. The best protection is an outcome that ends without an adjudication of delinquency: diversion, dismissal, or a withhold, which is what we work toward from the first hearing.

What is the difference between a juvenile adjudication and an adult conviction in Florida? 

A juvenile adjudication of delinquency is not a conviction. It generally cannot be used to deny civil rights, appears only on a confidential juvenile record, and is expunged automatically at 21 or 26 in most cases. An adult conviction is public and permanent. But a juvenile adjudication is not invisible: prior adjudications raise sentencing scores if the person is later charged as an adult, and certain juvenile sex offense adjudications carry registration. The goal in juvenile court is a withhold of adjudication or a dismissal, which leaves the lightest possible trace.

Contact an Experienced West Palm Beach Juvenile Defense Lawyer

While a juvenile found guilty of a felony may not be imprisoned, the charges will remain on his or her criminal record. In addition, Florida law permits the police to release the name and address of a child 16 years of age or older who has been arrested for a felony. Of course, in some felony cases, a juvenile will be charged and tried as an adult, so prison time is a possibility.

If your child has been arrested, you should contact an attorney as soon as possible to discuss the disposition of his or her case. If you have questions regarding juvenile offenses or criminal defense litigation, please do not hesitate to contact us for a free consultation or case evaluation. We are happy to meet or speak with you anytime and are ready to assist you and your child in preparing your family for dealing with the Juvenile Justice System and any potential outcome of a court-ordered adjudication.

Our legal team is experienced, aggressive, compassionate, and will fight for your child!