When a minor is accused of committing a crime in Florida, the case is handled through the juvenile justice system rather than the adult criminal court system. Juvenile cases are overseen by the Florida Department of Juvenile Justice (DJJ) and the courts, and the focus is typically on rehabilitation rather than punishment.
However, the process can still be complicated and overwhelming for families. Understanding the juvenile court process in Florida can help parents know what to expect and how to protect their child’s rights.
There’s a lot at stake when a child gets caught up in the court system. Thus, it is critical to retain a juvenile defense attorney as soon as possible when a legal issue arises. At Mowrey Law Firm, our experienced attorneys can guide you through the process and maximize the chances of resolving your child’s case with a favorable outcome.
Common Types of Juvenile Crimes
At Mowrey Law Firm, our attorneys are equipped to defend minors in a wide variety of charges. Some of the most common offenses that lead to juvenile arrests in Florida are:
- Assault
- Battery
- Burglary
- Theft
- Drug Offenses
- Weapon and Firearm Offenses
Can a Juvenile Be Tried as an Adult in Florida?
In some limited instances, Florida law allows prosecutors to transfer juvenile cases to adult court. This is sometimes called “direct file.”
While infrequently done, direct filed cases are usually the result of a repeat juvenile offender who has committed a serious crime. The juvenile attorney you choose to represent your child must have the necessary experience to increase the chances of keeping your child’s case in the juvenile system.
Below is a step-by-step overview of what usually happens after a juvenile arrest in Florida.
Step-by-Step Guide to the Juvenile Court Process in Florida:
Arrest, Release, and Detention
When a juvenile is arrested, he or she will be taken to a juvenile detention center. Within 24 hours, the juvenile must be brought before the court for a detention hearing.
During this hearing, the judge reviews the allegations, the juvenile’s history, and other circumstances to determine whether detention should be continued or whether the child should be released to a parent or guardian. The judge may release the child at the detention hearing or continue detention for up to 21 days.
Intake Assessment
In a juvenile case, the child will be assigned to a Juvenile Probation Officer (JPO) soon after arrest. The JPO will contact the child and family to schedule an interview to gather information about the child, the family, and the alleged offense. This interview is called an Intake Assessment.
The information gathered during the Intake Assessment helps the JPO evaluate the situation and develop a plan for addressing the alleged offense.
Some of the factors the JPO will consider include:
- The nature of the offense
- The child’s family dynamic
- Whether the child has a prior record
- The risk that the youth presents to the community
- Any damages suffered by the victim
The JPO will then present the results of the detention assessment and intake assessment to the State Attorney’s Office with a recommendation on how the case should proceed.
The State Attorney’s Office will assign a prosecutor to review the case and determine what charges, if any, should be filed. While the prosecutor is not required to follow the JPO’s recommendation, they routinely do.
Judicial v. Non-Judicial Disposition
A Judicial Disposition means that the JPO believes the case is more serious and recommends that a formal charge be filed. The JPO then hands the case to the State Attorney for prosecution without input and further assessment. In juvenile court, formal charges are known as a petition. Filing a petition means the case will move forward in the court system.
The petition is the formal charging document in juvenile delinquency proceedings and includes the alleged offenses, the relevant statute numbers, and the date of the alleged conduct.
However, in these cases, the matter may still be resolved through diversion later in the process if the State Attorney agrees.
A Non-Judicial Disposition is the ideal outcome. This means the JPO recommends that the State Attorney NOT file a petition and instead refer the case to a diversion program. If the diversion program is successfully completed, the charges are dismissed.
Arraignment
If a petition is filed, the juvenile is entitled to a formal court proceeding known as an arraignment.
At the arraignment hearing:
- The juvenile is formally advised of the charges
- The juvenile enters a plea of guilty, not guilty, or no contest
Having an experienced juvenile defense attorney is extremely important during this process to help the child and their parents/guardians fully understand the charges and advise as to the best course of action.
Discovery
Once a petition is filed, the case enters the discovery process.
During discovery, the juvenile defense attorney and defense team review the evidence held by the prosecution. This may include:
- Police reports
- Witness statements
- Physical evidence
- Depositions of witnesses
These efforts are meant to evaluate the strength of the prosecution’s case and identify weaknesses or favorable evidence for the defense.
Plea Negotiations
In some cases, the attorneys involved may negotiate a plea agreement in order to resolve the case without going to trial.
A juvenile defendant may change their plea to guilty or no contest, which eliminates the need for a trial and moves the case directly to sentencing.
Trial
If no plea agreement is reached, then the case will proceed to trial. Unlike adult criminal trials, juvenile trials do not involve juries. Instead, a judge decides both the verdict and the sentence.
The prosecution has the burden of proof and is required to prove “beyond and to the exclusion of every reasonable doubt” that the defendant committed the crime.
Witnesses, including victims, may be subpoenaed to testify and can be cross-examined by the defense.
Once the trial is completed, the judge will render a verdict. If the defendant is found guilty, the judge may order the DJJ to prepare a predisposition report recommending sanctions for the child.
A predisposition report is an inquiry into the background, criminal history, and family circumstances of the child. It is completed by the DJJ, then given to the defendant and their attorney, the judge, and the prosecuting attorney. The report will include a sentencing recommendation for the judge to review. Even though the judge may order the DJJ to complete a predisposition report, they are not required in every case.
Dispositional Hearing
Once the trial has concluded and the judge has issued a verdict, a dispositional hearing will be held. The judge determines the appropriate outcome based on the facts of the case and the child’s circumstances. The Juvenile Court generally has jurisdiction over the defendant until their 19th birthday, though in some rare cases until age 21.
Ways a Juvenile Case Can Be Resolved
Diversion
Even after the court process has begun, a juvenile case may still be referred to diversion. If the diversion program is successfully completed, the charges are dismissed, allowing the child to maintain a clean record.
Probation
When a child is put on probation, it is not for a set period of time like it is for adults. Instead, probation continues for a period the court believes is necessary to ensure the child has addressed the offense and developed a plan to avoid future misconduct.
Common probation conditions include:
- School attendance required
- Obeying parents or guardians
- Curfew requirements
- Restrictions on associations
- No contact with victims or co-defendants
- No contact with other juvenile probationers
- Inability to leave the state
- Consent to searches
Commitment
It is rare in juvenile court, but if the offense is serious enough, the judge may order commitment to the DJJ. Commitment can be anything from house arrest to long-term incarceration.
Levels of commitment include:
Minimum-Risk
The child remains at home and participates in a treatment program at least five days per week. (Disqualifying offenses include sexual offenses, matters involving a firearm, or any felony that would be classified as a first degree or life felony if committed by an adult.)
Low-Risk Residential
Children at this level have been assessed as low risks to public safety but require 24-hour supervision. (Again, offenses that are sexual, involve firearms, or would be classified as a life felony or first-degree felony if committed by an adult, do not qualify for this level of commitment.)
Moderate-Risk Residential
Youth assessed as a moderate risk to public safety receive structured 24-hour supervision in programs such as halfway houses, wilderness camps, and youth academies.
High-Risk Residential
Youth assessed as a high risk to public safety are placed in a structured residential setting that provides 24-hour secure custody. Examples of this type of commitment include intensive halfway houses, sex offender programs, and youth development centers.
Maximum-Risk Residential
Youth in this level of commitment have been assessed a serious risk to public safety. They are housed under 24-hour close supervision in maximum-security facilities with a minimum stay of 18 months.
The court typically retains jurisdiction until the child reaches 19 years old, though jurisdiction may extend to age 21 in some cases.
Why Your Juvenile Defense Attorney Matters
An experienced defense attorney can skillfully navigate the Florida juvenile justice system and work toward the best possible outcome for your child.
With the right legal representation, your child may be able to move forward and begin adulthood with a clean record and renewed opportunities.
Contact Mowrey Law Firm Today
If you or your child has been charged with a crime in St. Johns or surrounding counties, call Mowrey Law Firm at 904-747-9505 for a free, confidential consultation with an experienced St. Augustine Criminal Defense Attorney. We’re available 24/7.
At Mowrey Law, we serve people when and where it matters most.