Children, just like adults, can sometimes make poor choices. In most cases, when police arrest a minor in Jacksonville Florida, their case is handled through the juvenile justice system, which provides opportunities for rehabilitation.
Florida’s juvenile justice system is designed to focus on rehabilitation rather than punishment. However, when a minor in Jacksonville is charged with a felony, the potential consequences are serious and, in many cases, can follow your child for years to come—even into adulthood. Early legal intervention can mean the difference between a second chance and a permanent record.
Call our experienced juvenile defense lawyer today at (904) 285-4529 for a confidential consultation. While our office is in Ponte Vedra Beach, we serve clients throughout the greater Jacksonville area.
Juvenile vs. Adult Criminal System in Florida
Florida’s juvenile justice system operates under a distinct philosophy compared to the adult criminal system. Its primary goal is not punishment, but rather the rehabilitation of young offenders. This means there’s a focus on addressing the underlying issues that may have contributed to the offense and providing opportunities for education, counseling, and personal growth.
The main differences are:
- Separate Courts: Juvenile cases are handled in juvenile court, not adult criminal court. This means the procedures, rules of evidence, and potential outcomes are different.
- Focus on Rehabilitation: Sentences in juvenile court often emphasize diversion programs, probation, and commitment to juvenile facilities designed for rehabilitation, rather than traditional jail time.
- Confidentiality: Generally, juvenile records are confidential and, for most offenses, are not considered public criminal records. This is a crucial distinction that can protect your child’s future.
- Terminology: In juvenile court, if a judge finds a minor responsible for an offense, they are typically “adjudicated delinquent” rather than found “guilty.”
- Age Limits for Juvenile Court Jurisdiction: In Florida, the juvenile court generally has exclusive original jurisdiction over criminal felonies and misdemeanor cases for defendants under the age of 19. However, there are significant exceptions, which we’ll discuss when we talk about “direct file.”
Common Felony Charges Minors May Face
A minors in Jacksonville can face a wide range of felony charges, just like adults. The severity of these charges also varies significantly, leading to different potential consequences.
Some common felony charges a minor in Jacksonville may encounter include:
- Grand Theft: Taking property valued at over $750.
- Aggravated Assault/Battery: Involves threats or actual physical harm, sometimes with the use of a weapon.
- Burglary: Unlawful entry into a structure or conveyance with intent to commit an offense inside.
- Drug Trafficking or Possession: Possession of large quantities or certain controlled substances can quickly escalate to a felony.
Florida categorizes felonies as first-, second-, or third-degree offenses, with first-degree being the most serious. A charge can also escalate based on certain factors, like whether a weapon was involved or if the minor has prior offenses.
Use of weapons, serious injury, multiple offenses, or prior juvenile adjudications can enhance the severity of the charge and the possible consequences.
Intake and Detention Process for Juvenile Felony Charges
When a minor in Jacksonville is arrested for a felony, things move quickly. Within 24 hours, the child must appear at a detention hearing, where a judge decides whether to release them or hold them in secure detention.
Before that hearing, the Florida Department of Juvenile Justice (DJJ) performs a risk assessment. This assessment helps the court determine:
- The seriousness of the offense
- Prior criminal history
- Whether the child poses a danger to the community
Based on this evaluation, the judge can order one of the following:
- Release to a parent or guardian
- Non-secure home detention with conditions
- Secure detention for up to 21 days (or longer under specific conditions)
Direct File: When a Minor Can Be Tried as an Adult
Florida is one of the few states with broad discretion for prosecutors to charge minors as adults through a process called “direct file.” Under Florida Statute § 985.557, prosecutors can bypass the juvenile system entirely.
When is direct file possible?
Certain situations can make direct file of a minor in Jacksonville a possibility, such as:
- Discretionary Direct File (age 14–17): For certain felonies, such as robbery or aggravated assault.
- Mandatory Direct File (age 16–17): If the youth is charged with a serious violent offense or has a prior felony.
Consequences of adult prosecution include:
- Adult criminal record
- Potential time in adult prison
- Fewer rehabilitation options
- Harsher sentencing guidelines
A juvenile defense attorney can fight to keep the case in juvenile court, where the outcome may be more focused on your child’s growth and future. It’s important to get legal counsel immediately after an arrest of a minor in Jacksonville.
Legal Consequences of a Juvenile Felony Conviction
If a minor is adjudicated delinquent for a felony, the consequences can still be severe. Depending on the charge, the judge may impose:
- Probation – Often with conditions like curfews, counseling, and school attendance
- Restitution – Financial payment to victims
- Commitment to a DJJ Facility – Placement based on risk level:
- Low-risk (non-residential programs)
- Moderate-risk (structured, but not locked)
- High-risk (locked facilities with strict supervision)
- Maximum-risk (for the most serious offenses)
Beyond court-imposed penalties, juveniles may face collateral consequences, such as:
- School suspensions or expulsions
- Loss of driving privileges
- Barriers to college admission, scholarships, and job applications
Can a Juvenile Felony Record Be Sealed or Expunged?
One of the most important aspects of juvenile defense in Florida is the possibility of having a juvenile record sealed or expunged. This process can be vital for your child’s future, allowing them a fresh start without the lasting stigma of a criminal record.
To qualify, the minor in Jacksonville must generally:
- Have completed all court-ordered sanctions
- Not have been transferred to adult court
- Not have committed a disqualifying offense.
Clearing a juvenile record can open doors to college, scholarships, military service, and employment. Our criminal defense lawyers can guide you through the sealing or expungement process from start to finish.
The Role of a Juvenile Defense Attorney
When your child is facing a felony charge in Florida, having an experienced juvenile defense attorney by your side from the very beginning is not just beneficial – it’s often critical.
- Why Early Representation Matters: Juvenile court is complex, and intervention from an experienced attorney can keep the case from escalating unnecessarily.
- Building a Defense: Reviewing evidence, challenging improper procedures, seeking suppression of evidence, and raising mitigating circumstances.
- Negotiating with Prosecutors: Ability to seek reduced charges or diversion programs.
- Preventing Adult Prosecution: Advocating to keep the case in juvenile court and avoid direct file situations.
Every child deserves a second chance. The sooner an experienced lawyer gets involved, the more options we have to protect your child’s record and future.
Talk to a Skilled Juvenile Defense Lawyer About Felony Charges of a Minor in Jacksonville
Being charged with a felony as a minor in Jacksonville is a turning point—but not the end. With the right representation and a quick, informed approach, you can protect your child’s future, keep rehabilitation at the forefront, and minimize life-changing consequences.
If your child is facing felony charges, don’t wait. Reach out to an experienced juvenile defense attorney at Malcolm Anthony, PA immediately to learn about your rights and options. Get in touch with our office today at (904) 285-4529 for a confidential consultation.
