WE AGGRESSIVELY REPRESENT YOUTH ACCUSED OF A CRIME IN JUVENILE COURT.
The teenage years can be rough. Full of peer pressure and the need to fit in. Youth make mistakes. If your child has been arrested in Florida, they can face potentially serious consequences. The juvenile system is not always more lenient and a conviction can affect them during their adult life. Here at MRC Law, we take a child centered approach on all our juvenile cases to ensure that each child’s future is protected.
JUVENILE JUSTICE SYSTEM
Our attorneys represent children under 18 years of age who are charged with committing a delinquent act – an act that would be considered a criminal offense if done by an adult. Contact with law enforcement could result in a civil citation or arrest. The juvenile justice system is based on completely different procedures than the adult system. The juvenile system strives to keep the community safe while providing the child with the appropriate discipline and treatment they may need in order for them to reintegrate into society.
JUVENILE CASE PROCESS
When a child is arrested in Florida, they are transported to the Juvenile Assessment Center (JAC) by the arresting officer. An officer of the Department of Juvenile Justice (DJJ) will then complete a detention risk assessment of the youth to determine whether the child can be legally detained prior to the first court hearing. Points are given based on prior offenses, the current charge, current legal status, and age. Based on the total points assessed, the youth will either be released to the parents, released on supervised release, or they will remain in secure detention. If a child is to remain in secure detention, they will be transported from the JAC to the Juvenile Detention Center.
All children will appear before a judge within 24 hours of their arrest for a detention hearing. Juveniles are not entitled to bond. The purpose of this hearing is for the Judge to:
- Explain the nature of charges against the child
- Determine whether the police had probable cause to take the child into custody
- Set a date for the adjudicatory hearing (trial)
- Determine whether the continued detention of the child is necessary
- The child can remain in secure detention for 21 days.
The prosecutor determines whether they will file formal charges. In juvenile court, the charging document is called a petition. This document formally accuses the youth of a criminal violation. The prosecutor may elect to file formal charges and proceed with the case despite the victim or witness not wanting to testify or move forward with the case.
If a child is found guilty of the charges against them (adjudicated delinquent), there are several consequences that may be imposed. Some of those include probation, residential or non-residential treatment, judicial warning, among others. A juvenile court will have jurisdiction over the child until they are 19 years of age, unless they are committed to the department.
TRANSFER TO ADULT COURT
Even if a child commits a crime, there is a possibility that the State may want to transfer their case to adult court. If this is the case, the State will normally announce their “intent to review the case for direct file” at the detention hearing. The case will then be reset for 21 days to allow for the State to make a decision. During this time it is important to have an attorney who is negotiating with the State to keep the case in juvenile court.
If your child has been arrested, the best chance at freedom is through an experienced juvenile attorney who will provide a child centered approach. Our attorneys will provide you with quality representation. Call us now!