Juvenile criminal records can have a life-long impact on your child’s life. Not only will they influence the quality of education they get access to, but a juvenile record can restrict their employment opportunities right from their adolescence stage to their old age.
As such, it is vital for parents whose children face criminal juvenile charges, to prioritize taking advantage of Florida’s rehabilitative approach to Juvenile cases and avoid having a juvenile record. A Ponte Vedra Beach juvenile crimes lawyer can help you do just that.
We at Malcolm Anthony, PA, prioritize avoiding a juvenile record. Contact us today for the best criminal defense attorneys.
Understanding Juvenile Criminal Defense
Historically, the state of Florida has operated separate systems of justice for adults and minors. The preeminent consideration for having a justice system dedicated to juveniles and operating philosophically and operationally different from the adult justice systems is the state’s interest in and goal of rehabilitating juveniles rather than punishing the minors.
Consequently, the Florida Department of Juvenile Justice (DJJ) – the agency charged with administering Florida’s juvenile justice system – is designed and optimized to take into consideration the unique considerations of young individuals facing criminal charges.
This is well illustrated by some of the administrator’s core values:
- Providing a safe and nurturing environment for minors
- Preventing delinquency and educating juveniles
- Promoting public safety through effective intervention
- Preserving and restoring the mental and physical health of the juveniles
To achieve the desired goal of rehabilitation of juveniles, the DJJ handles cases juvenile delinquent and criminal cases differently from the adult justice system.
In Florida, juvenile justice process typically involved:
Case Initiation
One of the most common ways juvenile cases are initiated is when the youth is arrested. When a juvenile is arrested, they are taken to a Juvenile Assessment Center (JAC) to undergo intake screening – the Detection Risk Assessment Instrument (DRAI).
During this screening, the Juvenile Probation Officer (JPO) will gather information regarding the minor in question, their family, the crimes or delinquent actions the minor is accused of performing, and any other relevant information necessary to determine whether detention is necessary.
The JPO may recommend secure, non-secure, or home detention as the best option based on the information gathered.
However, juvenile cases begin with an arrest. In such cases, the juvenile may receive notice to appear. Akin to a ticket, a notice to appear typically contains a specific date, time, and location to appear as the initial step to begin addressing the allegations. In some cases, police officers issue notices to appear instead of arresting and processing the detainment.
Finally, a juvenile case may begin through summons. These are official directives for the child to appear before a judge at a provided date, time, and location.
Detention Hearing and Delinquency Petition vs. Diversion
A detention hearing is held within 24 hours for juveniles being detained and evaluated by the JPO. During the hearing, the judge determines whether there is a reason to detain the accused individuals and for how long, typically not more than 21 days.
After the Detention Hearing, the prosecutor (State Attorney) will determine whether to file formal charges. They also have an opportunity to petition for the youth to be tried in an adult court.
For first-time juvenile offenders accused of committing non-violent crimes, the judge may order, or the prosecutor may opt to have the youth participate in a diversion program such as:
- community services,
- monitoring educational goals,
- curfews,
- drug screening and substance abuse treatment,
- vocational services, and
- counseling.
If the youth completes the program as required, the case is dropped. However, if they do not complete the program, the case can be reactivated, resulting in a prosecution.
Arraignment Hearing
If the State Attorney chooses to take the case to trial, they will file a petition for delinquency. The juvenile must be arraigned in court, and the arraignment hearing must be held in 48 hours.
During the hearing, the juvenile responds to the allegations – and takes a plea of guilty, not guilty, or no contest. An adjudicatory hearing is scheduled if they deny the allegations or are nonresponsive.
However, if they admit to the allegations, the court may either move straight to a disposition hearing or schedule a disposition hearing and order a predisposition report.
Before the trial, there is an opportunity for the child attorney to negotiate a plea deal with the prosecutor, avoiding trial. You need a knowledgeable Ponte Vedra Beach juvenile crimes lawyer to help you negotiate the best deal possible and avoid the uncertainty that comes with a trial. However, if your lawyer and the state attorney cannot reach an agreement, the case goes to trial.
Adjudicatory Hearing (“Trial”)
These are bench trials (trials held without a jury). The prosecutor is responsible for proving their case to the judge beyond reasonable doubt. The child has the right to present evidence, cross-examine the witnesses, testify on their behalf, and the protection against self-incrimination.
If the judges find the juvenile did not commit the offense, they order dismissing the case. On the other hand, if the prosecutor proves beyond reasonable doubt that the juvenile committed the offense, the court may adjudicate the minor delinquent. In some cases, they may withhold adjudication. A disposition hearing is held to determine the sections to be imposed.
Disposition Hearing
During the disposition hearing, the judge will determine the type of punishment to impose. During this hearing, the judge will consider the Department of Juvenile Justice’s recommendations, reports, and the particulars of the case. The judge may impose a judicial warning, probation, or commitment to DJJ.
While the justice system in Florida is designed to give juveniles a chance to redeem themselves inherently, you still need an experienced and aggressive Ponte Vedra Beach juvenile crimes lawyer to assert and protect your child’s rights.
Given that no two juvenile cases are the same, crafting a bespoke defense strategy that accounts for the allegations and the parties involved is essential to achieving the best outcomes possible. As such, you should retain an experienced attorney to help you achieve your desired positive result.
Moreover, having an attorney handling the case as early as possible is essential. An experienced Ponte Vedra Beach juvenile crimes lawyer is in a better position to liaise with the prosecutor and make arguments for the state to abandon the case, send the case to diversion, or, when facing serious allegations, keep the case from heading to adult court.
What Are the Different Types of Juvenile Criminal Charges?
Some of the most common juvenile criminal charges include:
- Drug Offenses
- Marijuana Offenses
- Possession of a Fake ID
- Possession of Alcohol by a Minor
- Sexual Offenses
- Theft Crimes
- Truancy
- Underage DUI
- Vandalism
- Assault and Other Violent Crimes
While Florida runs a separate justice system for minors, they can still end up in the adult criminal justice system by Direct File, Indictment, or Waiver. When a case is transferred to an adult Circuit Court, the minor is tried and sanctioned as an adult.
Felony crimes committed by 16 and 17-year-olds can be transferred to adult courts. For serious crimes such as possession of weapons on school grounds, aggravated battery, robbery and grand theft auto, even 14 and 15-year-olds can be tried as adults. Finally, offenses committed using firearms under the 10-20-Life statutes can be transferred to adult court.
What Are the Potential Consequences of Juvenile Criminal Conviction?
The consequences of a delinquency judgment are varied. Juveniles face probation, counseling, community service, fines, restitution, community service, and, in some cases, adult criminal records.
While the impact of a juvenile delinquency judgment may vary in severity in the short term, such a record will almost certainly affect your future opportunities. It can impact your education and career prospects.
Colleges inquire about the criminal records of students they’re about to admit, and a juvenile record is a red flag for many institutions. As such, a juvenile record will limit your education opportunities.
The case applies to career opportunities. Employees typically carry out background checks, and a juvenile record may raise concerns about the individual’s trustworthiness, thereby affecting your career opportunities.
With the above in mind, addressing juvenile records by avoiding trial is essential. If the juvenile goes to trial and receives a delinquency outcome, undertaking the process of sealing or expunging juvenile records is the best way to recover from its negative side effects.
What Are the Common Defenses in Juvenile Criminal Cases?
Any minor will experience immense stress when arrested. There are sufficient defense strategies Ponte Vedra Beach juvenile crimes lawyers can use to overcome the allegations. Some of the common defense strategies include claiming false accusations, illegal searches and seizure strategies, offenses committed under duress, and lack of evidence.
However, these strategies are used when a case goes to trial. You can use defense strategies that help you avoid trial.
Florida operates a largely rehabilitative justice system for juveniles. While the system has been tweaked in the past under the “Tough Love” legislation in 2000, it still operates on a philosophy of rendering rehabilitation and support to juveniles rather than meting out harsh punishment.
That’s where diversion, rehabilitation, and counseling programs come in. At various stages of a juvenile case, the accused can negotiate a plea deal to undertake a diversion program, or they may be ordered to do so by the judge. The diversion, rehabilitation, and counseling programs a juvenile undertakes depend on the specifics of the allegations. These have proven to be the best defense strategies in juvenile criminal cases.
With the above in mind, you should note that it’s essential to understand our juvenile laws and procedures to make the most of Florida’s rehabilitative model of justice for juveniles. Alternatively, you should retain an attorney with experience helping juveniles navigate the Juvenile Justice system.
Is it Possible to Have Juvenile Criminal Charges Reduced or Dismissed?
Yes. The child can negotiate reduced charges or dismissal with the prosecutor. In most cases, you have the child must successfully undertake and complete a diversion program to avoid the charges or have the charges reduced.
Pursuing a rehabilitation program allows the child to avoid the negative impact of having a juvenile record. While juvenile records are automatically sealed when the person reaches 24 years old, it is possible to have the record expunged earlier by adhering to and successfully completing a diversion program as part of a plea deal.
This bodes well for the minor’s educational outlook, their peace of mind and their future success.
What Should You Do If Your Child is Facing Juvenile Criminal Charges?
As a parent whose child is facing juvenile criminal charges, you’re bound to be under a lot of tension and stress. No one wants to see their offspring possibly being detained and suffering the consequences of a criminal record.
With this in mind, you should prioritize retaining experienced legal counsel immediately. They will help you navigate these trying times by helping you understand the charges and, importantly, protecting your child’s rights.
It is good to retain an experienced attorney, but you must also play a pivotal part in ensuring your attorney has a full understanding of your case. As a parent and/or juvenile, you should be forthright and honest when communicating with your lawyer to ensure they have proper understanding your case, thereby developing the best and most effective defense strategy.
Why Choose Malcolm Anthony, P.A. for Your Juvenile Defense?
Choosing us means partnering with a dedicated legal team with extensive experience, personalized defense strategies, and a proven commitment to achieving the best outcomes for our clients.
Compassionate Expertise in Juvenile Defense
We are not a run-of-the-mill law firm. Our organization is populated with experienced legal professionals with decades of hands-on experience. Importantly, we are a team of compassionate defense professionals.
You can rest assured we will provide compassionate defense for your child, helping them navigate the challenges and uncertainties that come with facing a juvenile criminal charge.
Experienced Juvenile Defense Attorneys
Malcolm Anthony has a track record of helping many juveniles navigate the complexities of juvenile cases. Drawing from our passion for upholding clients’ rights and protecting their reputations and privacy, we’ve helped many youth avoid the consequences of having a juvenile record.
With juveniles facing disruption of their education, isolation, and exposure to criminal activity and sexual assault in detention centers, we pull all stops to help our clients avoid detention.
Client-Centered Approach
No juvenile cases are the same. Each case has its own peculiarities. As such, At Malcolm Anthony, we focus on providing all of our clients with client-centric services. We pay attention to the details of their case and craft a personalized defense strategy that ensures we get the best outcome possible.
We support our clients and their families throughout the legal process by addressing the unique needs of juvenile clients. You can trust our firm to communicate clearly and openly, ensuring you stay up-to-date on how best to navigate the case.
Protect Your Child and Contact an Experienced Ponte Vedra Beach Juvenile Crimes Lawyer
A juvenile case is not just a stumbling block for the accused juvenile. It can impact their lives by negatively affecting the education and employment opportunities they get access to. However, with an experienced Ponte Vedra Beach juvenile crimes lawyer helping you navigate the complexities of juvenile criminal charges, the chances of achieving a favorable outcome increase considerably.
Call Malcolm Anthony, PA today at (904) 285-4529 for a free consultation. We are ready to defend your rights.
