Has your child been accused of a juvenile offense in Florida? If so, you likely have questions about how Florida’s juvenile justice system works and what it could mean for your child. With the information in this comprehensive guide, you can better prepare yourself to support your child and advocate for their needs effectively.

Understanding the Department of Juvenile Justice

The Florida Department of Juvenile Justice (DJJ) oversees the state’s juvenile justice system, focusing on young people under 18 years old who are accused of breaking the law. The DJJ’s stated mission is to improve public safety by providing effective services that support youth and their families. The DJJ’s guiding principles emphasize quality and effectiveness, ensuring that the interventions and programs they implement benefit children and address their specific needs to prevent future offenses. By focusing on rehabilitation rather than punishment, the DJJ seeks to help young people become productive and responsible members of society.

Navigating Juvenile Court Proceedings

In Florida, juvenile courts handle cases where children have allegedly broken the law. These courts focus on protecting the community and helping young people improve their behavior. Below is an in-depth overview of Florida’s juvenile justice process.

Initial Proceedings

The process begins when the police take a child into custody. A Florida law enforcement officer can take a child into custody if:

• They have reason to believe the child has committed a delinquent act or violated the law
• A court has ordered the child to be taken into custody
• The child fails to show up to a court hearing
• The child violates the conditions of their release or probation

After the officer takes the child into custody, they can decide whether to release the child to their parents. If the officer does not release the child, they can take them to a juvenile assessment center (JAC) or a DJJ facility.

At the JAC or DJJ facility, a juvenile probation officer will evaluate the child’s case. This includes completing a detention risk assessment instrument (DRAI) to determine whether it is necessary to detain the child. The results of this assessment guide whether the child will remain in custody or go home.

If the DJJ decides to detain the child, the law says the child is entitled to a detention hearing in a circuit court within 24 hours. At this hearing, the court will determine whether there is enough evidence to believe the child committed the alleged offense and whether it is necessary to keep the child detained. The DJJ can only detain the child for 21 days unless the court grants an extension. For more severe offenses, the detention can extend up to 30 days.

Following these initial proceedings, the State Attorney will review the case. After their review, they will choose whether to file a delinquency petition, which would lead to further judicial action, or to handle the matter outside of court through a diversionary program. The state will dismiss the case if the child completes a diversionary program successfully. This initial stage is critical as it sets the tone for how the juvenile justice system will handle the child’s case going forward.

Arraignments and Pleas

If the state chooses to file a delinquency petition against the child, the next step is the arraignment hearing. At the arraignment hearing, the child will enter a plea: not guilty, guilty, or nolo contendere (no contest). This hearing must occur within 48 hours of filing the petition, not counting weekends or holidays.

The arraignment’s main purpose is to give the child an opportunity to respond to the charges against them. If the child pleads not guilty, the court will schedule an adjudicatory hearing, which is similar to a criminal trial for adults. The adjudicatory hearing must begin as soon as possible, ideally within 90 days of the state taking the child into custody or the petition’s service date. If the state chooses to detain the child, the adjudicatory hearing must occur within 21 days. The same 21-day rule applies to prolific juvenile offenders in detention. However, if the child is on supervised release, the deadline for the hearing to begin is 45 days.

If the child pleads guilty or no contest, the court must ensure the child understands their decision, especially if they’ve chosen to waive their right to a lawyer. This waiver must be in writing and confirmed in the presence of a parent, legal custodian, or court-appointed attorney. The next step, a disposition hearing, is set as soon as the predisposition report is ready. If this report is already available, the court may proceed with sentencing during the arraignment.

Finally, if the child was in custody before the arraignment, the court must decide whether to keep them detained pending the disposition hearing if it occurs at a later date. This decision will depend on factors like whether the child is a prolific offender or awaiting placement in a program. The aim is to balance the community’s safety with the child’s best interest and rights.

Juvenile Court Adjudicatory Hearings (Trials)

The adjudicatory hearing is the stage where the juvenile court decides if the child has committed a delinquent act or violated the law based on the available evidence. This type of hearing is comparable to a trial in adult criminal cases.

During the adjudicatory hearing, the court must inform the child of their right to have a lawyer. The court must also determine whether the child and their parents can afford a lawyer. If they cannot afford a lawyer, the court must offer to appoint one. If the child chooses not to have a lawyer after talking to one, the court must ensure the child has made this decision freely and fully understands the consequences.

The court must also explain to the child that the person bringing the case (the petitioner) must prove their allegations beyond a reasonable doubt. This means the evidence must be so convincing that there is no reasonable doubt left that the child committed the act in question.

During the hearing, the child or their lawyer can present evidence and witness testimony in their defense. The same strict rules of evidence that courts use in adult criminal trials apply in juvenile adjudicatory hearings.

If the court finds the petitioner has not proven the allegations beyond a reasonable doubt, it will dismiss the case, and the child will be free to go. If the court finds the child delinquent, it will decide to withhold formal judgment (adjudication) or adjudicate the child as delinquent. The court must clearly explain the reasons for its decision in terms the child can understand.

If the court adjudicates the child as delinquent, the next step is the disposition hearing. If there is no predisposition report (PDR) yet, the court will order one and set a date for the disposition hearing once the report is ready. If the report already exists, the disposition hearing can occur immediately, or the court can schedule it for a later date. The disposition hearing, where the court decides on the consequences or treatment for the child, must take place as soon as possible, especially if the child is in detention.

Disposition Hearings and Sentencing Options

If the court finds that the child has committed a delinquent act, the next step is a disposition hearing. This hearing is equivalent to sentencing in adult criminal court.

The purpose of the disposition hearing is to determine the most appropriate consequences or treatments for the juvenile. The court reviews the PDR with the DJJ’s recommendations to make its ruling. While the court may follow these recommendations, it can also reject them and choose a different path. However, the court must provide written reasons for any deviations.

At the hearing, the court considers the predisposition report as well as the child’s comprehensive assessment, earlier court proceedings, and other relevant evidence. The judge might decide to withhold adjudication, which means not formally labeling the child as delinquent. Alternatively, the judge can adjudicate the child as delinquent and then decide on a suitable level of supervision or intervention.

The options include placing the child on probation with various conditions, such as community service, restitution, or commitment to a DJJ facility. If the court decides to commit the child, it can place them in one of four levels of restrictiveness based on the child’s needs and the public’s best interest.

The four commitment levels include:

• Minimum-risk nonresidential commitment, where the child stays in the community but attends a day treatment program
• Nonsecure residential commitment, where the child lives in a residential facility with some freedom to access the community.
• High-risk residential commitment, where the child has no access to the community except under specific court-approved circumstances
• Maximum-risk residential commitment, where the child is in a secure facility without community access except during pre-release transition

The duration of any commitment depends on the severity of the offense. It can extend up to the maximum adult sentence for similar offenses, ensuring the child receives the necessary rehabilitation before release. The court must clearly explain the disposition to the child, ensuring they understand the outcome and what is expected of them going forward.

During the disposition hearing, the court will also decide on additional sanctions as necessary. These might include restitution payments, which can be the child’s or their parents’ responsibility, and post-commitment probation or conditional release to promote rehabilitation.

Restitution Hearings

Restitution is money that the court orders the child or their parents to pay to someone else who suffered harm as a result of the child’s actions. Restitution payments primarily aim to cover the value of any damaged or stolen items. The court decides on the amount of any mandatory restitution payments during a restitution hearing.

At the restitution hearing, the court calculates how much the child or their parents must pay by considering the fair market value of the damaged or stolen items. This valuation includes assessing the original cost, how the item was used, its condition and quality at the time of loss, and how much it has depreciated in value. The court might also reduce the amount by any salvage value if the victim has recovered the damaged items. The court can also base the restitution on any actual out-of-pocket costs the victim incurred. Notably, the court cannot order restitution for items not mentioned in the charging documents.

Understanding Legal Representation for Your Child

In Florida’s juvenile justice system, a child has the same right to legal representation as adults in criminal cases. This right applies from the start to the end of any delinquency proceeding.

If a child comes to court without a lawyer, the judge must explain to the child their right to have legal counsel. This includes the right to have a public defender appointed for them if they cannot afford to hire a lawyer. Before the court accepts a child’s decision to give up their right to a lawyer, the judge must be sure that the child understands what giving up that right means. The child must make this decision “knowingly, freely, and voluntarily.” The child must have a chance to talk about this decision with a lawyer before they decide to waive their right.

If a child decides to proceed without a lawyer, their choice must be recorded and written down. Also, at each new stage of the court process, the judge must ask again if the child wants to have a lawyer to ensure that their decision to waive this right is still what the child wants. If a child changes their mind about their lawyer, the judge must tell them they can have a new one appointed to help them through the rest of the legal process.

Your Child’s Rights During the Process

In addition to the right to a lawyer, children have several other important rights within Florida’s juvenile justice system. These rights are similar to those given to adults in criminal cases but with some differences tailored to the juvenile system.

Firstly, every child has the right to due process, which includes the right to a fair and speedy trial conducted by a judge. Children also have the right to have the state prove its case beyond a reasonable doubt before the court can adjudicate them as delinquent. Unlike adults, however, children do not have the right to a trial by jury in delinquency proceedings.

Children have the right to remain silent and not incriminate themselves. The court must inform children that anything they say can be used against them. If a child chooses not to testify, the state cannot use this decision to imply the child is guilty.

Furthermore, children or their lawyers have the right to present their own evidence and witnesses in court. They or their lawyers can also cross-examine the state’s witnesses and have the court order their witnesses to appear.

During the trial, children or their lawyers have the right to make closing arguments. This allows them to address the court directly and summarize why they believe the court should decide the case in their favor.

Keeping Your Child Out of Florida’s Juvenile Justice System

If you want to keep your child out of Florida’s juvenile justice system, taking proactive steps to guide them away from situations that might lead to trouble is important. Start with fostering open communication by encouraging your child to talk about their life and feelings. Set clear, reasonable rules and consistently enforce them to teach responsibility and boundaries.

You can also get involved in your child’s education by attending school meetings and supporting their learning at home. Encourage them to participate in positive social activities like sports or clubs that can engage them constructively. If you notice behavioral changes or signs of trouble, seek help from counselors or community resources early. Taking these steps can significantly reduce the chances of your child entering the juvenile justice system.

Are There Delinquency Prevention Programs in Florida?

Yes, Florida offers several delinquency prevention programs to keep children from entering the juvenile justice system. These programs focus on mentoring, education, and community involvement to provide support and positive alternatives for youth. Schools and community centers across the state offer after-school programs and workshops that teach life skills, conflict resolution, and leadership. Participating in these programs can help children build a strong foundation of values and decision-making skills that steer them away from criminal activities and toward productive pursuits.

How to Prevent Juvenile Delinquency

Parents must be proactive in guiding and supporting their children to prevent juvenile delinquency. Here are some steps you can take to steer your child away from delinquent behaviors and toward a positive future:

• Set clear rules and consequences at home.
• Maintain consistent discipline when rules are broken.
• Monitor your child’s whereabouts and activities.
• Encourage your child to engage in extracurricular activities such as sports or arts.
• Foster strong communication and regularly talk with your child about their day.
• Know who your child’s friends are and what influence they have.
• Get involved in your child’s academic life by attending school meetings and checking homework.
• Volunteer together at community service projects to develop empathy and social responsibility.
• Teach your child how to handle conflicts peacefully and effectively.
• Limit exposure to violent media and games.
• Praise your child for good behavior and accomplishments.
• Set a good example with your own behavior.
• Seek professional help if you notice signs of behavioral problems or emotional distress.
• Provide a stable family environment that fosters love and security.
• Educate your child about the consequences of breaking the law.

The Role of Parents and Guardians in Prevention

Parents and guardians are the primary influencers of their children’s attitudes, behaviors, and values. A parent’s engagement in a child’s life shows the child that they are valued and supported, which builds their self-esteem and resilience against negative influences. By setting a positive example and establishing a trusting relationship, parents can effectively guide their children’s decisions and behaviors and reduce the likelihood of juvenile delinquency.

What Happens If Your Child Is Arrested?

If your child is arrested in Florida, it’s important to take immediate and careful actions to provide them with the support they need. First, stay calm and encourage your child to do the same. Contact a lawyer who handles juvenile defense cases to represent your child and protect their rights. Do not discuss the details of your child’s case over the phone, as calls from juvenile detention centers are often recorded. Attend all scheduled court hearings with your child and dress appropriately to show respect for the court. Always speak with your lawyer before you or your child talk to the police, and ensure that your child understands not to discuss their case with anyone but you or their lawyer.

Life After a Juvenile Conviction

If your child is adjudicated as delinquent in Florida, the court will schedule a disposition hearing to decide the appropriate consequences. Depending on the severity of the offense, these consequences could range from community service to placement in a juvenile detention facility. During this time, your child might be required to attend counseling sessions, educational programs, or rehabilitation activities that aim to improve behavior and prevent future offenses.

After serving any assigned penalties, the court may place your child on probation. If this occurs, your child must meet regularly with a probation officer and adhere to specific conditions like curfews or school attendance. As a parent, you can support your child by ensuring they comply with these conditions, encouraging their participation in positive activities, and seeking additional resources like tutoring or therapy as necessary. Your support is vital in helping your child move past the conviction and lead a productive life.

Juvenile Records and Confidentiality

In Florida, juvenile records are confidential, which means they aren’t accessible to the public like adult criminal records. The purpose of this confidentiality is to protect the child’s future, allowing them a better chance to move past mistakes without long-term consequences on education or employment opportunities. Florida law also specifies that juvenile records are not admissible as evidence in other civil or criminal proceedings, with rare exceptions. However, specific parties like schools, law enforcement, and courts can access these records when legally necessary. Parents and legal guardians can usually view these records upon request, too.

Expunging Juvenile Records

In Florida, expunging a juvenile record means permanently removing it so that it’s like the offense never occurred. This can effectively clear a young person’s history and allow them to start fresh, particularly as they seek jobs or apply to colleges. To expunge a juvenile record, the child must submit an application to the Florida Department of Law Enforcement.

To qualify, the child must have completed all terms of their sentence, including any probation, and not committed any additional offenses. It’s best to work with a lawyer to navigate the expungement process since it is highly complex, involving specific legal criteria and paperwork that must be completed correctly. Expunging a record can significantly improve a child’s future opportunities by removing barriers that stem from past mistakes.

Post-Adjudication Review

A post-adjudication review is a follow-up process that occurs after a child is adjudicated delinquent in Florida. During this review process, the court checks on the progress of the child’s rehabilitation and compliance with the court’s orders. The purpose of the review is to ensure that court-ordered sanctions or treatments have been effective and that the juvenile is on track to reintegrate into society successfully.

At post-adjudication review sessions, the court may adjust the child’s rehabilitation plan, depending on their progress or any challenges they face. Regular reviews are necessary as they provide opportunities to make changes to better support the child in completing their rehabilitation successfully.

Rehabilitation and Reintegration Programs

Juvenile rehabilitation and reintegration programs aim to help young offenders correct their behaviors and return to society as productive citizens. These can include counseling, education, vocational training, and community service programs, all tailored to address children’s specific needs. For example, counseling sessions might focus on anger management or substance abuse, while vocational training helps develop skills in various trades.

These programs emphasize personal development and accountability, preparing children to face life’s challenges in positive ways. Successful reintegration into society often depends on these structured supports, which reduce a child’s likelihood of reoffending and enhance their ability to contribute positively to their community.

Supporting Your Child

Supporting your child through the juvenile justice process means staying actively involved and providing the emotional encouragement they need. Offering a stable and understanding environment, helping your child engage in positive activities, and reinforcing their efforts to improve can boost their confidence and help them make better choices in the future.

How to Find a Lawyer for Your Child

Finding the right lawyer for your child is essential if they are facing juvenile charges. Look for an attorney with extensive experience in juvenile law, as they will understand the unique aspects of the system and how to effectively defend a young person. Make sure the lawyer has a good track record with similar cases and comes highly recommended by other parents or legal professionals. It’s also important to ensure your child feels comfortable with the attorney, as a good rapport can make the legal process less stressful for them. Finally, remember to discuss all legal fees upfront to avoid surprises and ensure the lawyer’s services fit your budget.

Can You Visit Your Child If They Are Convicted?

Yes, you can visit your child if they are convicted and detained in Florida’s juvenile justice system. Each detention facility has specific rules and schedules for visitation that you will need to follow. Typically, you must register in advance and bring a valid ID on the day of your visit.

Facilities often have guidelines on what you can bring and how you should dress, so it’s important to check these details beforehand. Regular visits are ideal, as they can substantially improve your child’s emotional well-being and rehabilitation by maintaining family connections and providing support during a challenging time.

Communication with Your Child During Detention

Communicating with your child during their detention is a great way to support them emotionally and mentally. Most juvenile detention centers allow phone calls, though they might limit the length and frequency of these calls. Ensure you know the rules for making calls, including any specific hours or approved phone lists.

Besides phone calls, you can write letters to your child, which can provide comfort and a sense of connection. Some facilities might also offer email or monitored online messaging services. Regular communication can reassure your child that they have your support and are not facing their challenges alone. Always encourage positive discussions and provide updates on family life to keep their spirits up.

Supporting Your Child’s Rehabilitation and Reintegration

Supporting your child’s rehabilitation and reintegration means providing encouragement and staying actively involved in their life. Attend any available family counseling sessions to understand how you can best help your child. Encourage them to participate in all rehabilitation programs the facility offers, such as educational courses or vocational training.

After release, help your child apply the skills they learned by finding appropriate educational opportunities or employment. Establish a stable home environment where rules are clear but logical and supportive. Engage your child in community activities that promote positive social interactions and self-esteem. By providing consistent support and opportunities for growth, you can greatly assist your child in successfully reintegrating into society.

Contact a Juvenile Defense Attorney in Florida

If your child is facing legal challenges in Florida, remember you don’t have to handle this difficult situation alone. Contact Allstarr Legal, P.A., today for a free initial consultation. Our team is ready to provide the guidance and support you need. Let us help you understand your options and work toward a brighter future for your child.