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:: Juvenile Charges in Florida

When a person under the age of eighteen is charged with a crime in Florida, the case is often handled in the Juvenile Justice System. The Juvenile Justice System is different than the adult Criminal Justice System in that the system is focused on rehabilitating juveniles, rather than punishing them. However, in limited instances, some juvenile cases are "Direct Filed" to adult court. While infrequently done, direct filed cases are usually the result of a repeat juvenile offender who has committed a serious crime.

Orlando criminal attorney Richard Hornsby is experienced at handling juvenile cases and would welcome the opportunity to guide you and your child through the juvenile justice system. Mr. Hornsby has provided a Juvenile Justice Guide below to assist you in understanding the Juvenile system.

If your child has been arrested or is facing juvenile charges, you should contact Orlando Criminal Lawyer Richard Hornsby so that he can help protect your child's interests. Contrary to popular belief, a juvenile offense can have serious consequences for both the child and the parent, so legal guidance is extremely important.

Stages of the Juvenile Justice System

The stages of the Juvenile Justice System are different than the adult system and cases typically travel through the juvenile system much faster. Below is a general description of how a juvenile case will progress from beginning to end.

ARREST, RELEASE, AND DETENTION: Once a juvenile is taken into custody, law enforcement delivers the child to DJJ at the Juvenile Assessment Center (JAC). A DJJ counselor will then prepare a risk assessment report to determine if the child meets the criteria for secure detention, a child may be released to their parent/guardian for non-secure detention, and he or she will receive daily supervision from a DJJ counselor. If the child fails to follow the rules of non-secure detention, the juvenile may be held in the detention center.

DETENTION HEARING: If the juvenile is held in detention, a detention hearing must be held within 24 hours of the arrest. The Judge then determines whether to release the juvenile, and if so, what conditions are necessary to protect the victim and the public. The Judge can order the juvenile to have "no contact" with the victim or witnesses. If the Judge does not release the juvenile, he or she remains in the juvenile detention center for a period of no more than 21 days (or under very limited circumstances for a period of 30 days).

INTAKE: Between the time of the child's arrest and the next court date, the State Attorney will review the facts of the case and determine what charges, if any, will be filed against the juvenile. If there is enough evidence, the attorney files a petition describing the charges against the juvenile.

ARRAIGNMENT: About three weeks after arrest, the juvenile defendant appears in court before a Judge for arraignment. This is a hearing where the defendant is informed of the charges files by the State and asked to enter a plea to those charges (Guilty, Not Guilty, or No Contest). It is important that you have retained an attorney by this time as the case will be likely scheduled for trial less than four weeks after the arraignment.

DISCOVERY:Between the arraignment date and the trial date the attorneys engage in a process known as discovery. During the discovery period any witness, including the victim, may be subpoenaed to give a sworn statement under oath to the defense attorney as to their knowledge of the case. The State Attorney will also be required to provide the defense with any reports, documents, or recordings they may have.

PRE-TRIAL DIVERSION PROGRAMS: There are several programs for the first time juvenile offenders to participate in. Each program is different, but requires the juvenile to obey certain rules and complete certain sanctions. Those sanctions may include community service work hours, restitution to the victim, counseling, letters of apology, etc. If the juvenile completes the program, the charges are dropped. If the juvenile does not fulfill the requirements of the program, the charges are reactivated and prosecution pursued.

PLEA NEGOTIATIONS: A defendant may change a plea of Not Guilty at any time. In many cases, the State Attorney and defense will discuss how to resolve a case without a trial. Once a juvenile changes their plea to Guilty or No Contest, there is no trial and we proceed to sentencing.

TRIAL: If no agreement can be reached, then the case will go to trial. There are no juries in Juvenile Court; a Judge decides all trials. The State is required to prove "beyond and to the exclusion of every reasonable doubt" that the defendant committed the crime. The defendant is not required to prove anything. Witnesses, including the victim, are subpoenaed to testify and be cross-examined by the defense.

THE VERDICT: The Judge decides whether the defendant is guilty or not guilty, and announces the verdict aloud in the courtroom. If the defendant is guilty, the Judge may order DJJ to prepare a predisposition report recommending sanctions for the juvenile.

PRE-DISPOSITION REPORTS: A predisposition report is an inquiry into the background, criminal history and family circumstances of the defendant. It is completed by DJJ and given to the Judge, the defense attorney, the defendant and the Assistant State Attorney. The report includes a sentencing recommendation for the Judge to review. Although the Judge may order DJJ to complete a predisposition report, they are not required or completed in all cases.

DISPOSITIONAL HEARINGS: Once a defendant has been found guilty at trial or has entered a plea of guilty or no contest to a charge, we proceed to a dispositional hearing or sentencing hearing. The Judge sentences the defendant in a manner appropriate to the crime and other circumstances related to the case. The Juvenile Court has jurisdiction over the defendant until his or her 19th birthday (under some rare circumstances to age 21). Therefore the sentence cannot extend beyond the 19th birthday of the juvenile.

The Judge may impose two types of sentences: (1) probation or, (2) commitment to the Department of Juvenile Justice.

1. If the defendant is placed on probation, he or she may be ordered to complete community service work hours, take a tour of the jail, write a letter of apology, obtain specific types of counseling, etc. The probationary period is not for a specific period of time. Rather, once the juvenile has completed all of the sanctions and stays out of further trouble, the probation will be terminated.
2. If the Judge commits the defendant to DJJ, the Court must identify a restrictiveness level. DJJ recommends a commitment level, and the Judge ultimately commits the defendant, choosing the level that is most appropriate. The are currently four different levels of commitment: (1) low risk programs that last from 30-45 days, (2) moderate risk programs that last from 4-6 months, (3) high risk programs that last from 6-9 months, and (4) juvenile prison that lasts from 18-36 months.

:: Contact Orlando Criminal Lawyer Richard Hornsby

Please contact Orlando Criminal Lawyer Richard Hornsby 24 hours a day, 7 days a week, if your child has been charged with a juvenile offense. Mr. Hornsby is available any time, day or night, to advise you of the proper course of action to take. The initial consultation is free and Mr. Hornsby will respond promptly to provide you and your child with the criminal representation you deserve.

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