Facing charges for juvenile delinquency in Florida is a serious matter that can affect a young person’s future. Juvenile delinquency cases under Florida Statutes can involve complex legal processes and lead to long-term consequences, including detention, probation, and a permanent criminal record.
If your child is facing delinquency charges, you need a dedicated and experienced attorney to protect their rights and guide you through the legal system.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand the nuances of juvenile law and are committed to securing the best possible outcome for your family. Call (813) 981-7005 today for a free consultation.
What is Juvenile Delinquency in Florida?
Juvenile delinquency refers to criminal behavior committed by individuals under the age of 18. Florida Statutes § 985.03(46) defines a delinquent act as a law violation punishable by a court, where the child may face consequences ranging from probation to commitment in a juvenile facility.
Juvenile delinquency charges can include a variety of offenses, such as theft, drug offenses, assault, and more. The key difference between juvenile and adult criminal proceedings is that juvenile cases are typically handled in a separate court system designed to focus on rehabilitation rather than punishment.
Key Stages of Juvenile Delinquency Proceedings
The juvenile justice system in Florida follows specific procedures as outlined in various Florida Statutes. Here are the main stages involved:
Petition for Delinquency: § 985.318
The juvenile delinquency process begins with the filing of a petition for delinquency. This legal document officially accuses the minor of committing a delinquent act. Once the petition is filed, the court will review the case and set a hearing date.
The petition includes details about the alleged offense and is the first step toward the minor’s involvement in the justice system. The court will evaluate whether the allegations are sufficient to proceed with the case.
Adjudicatory Hearings: § 985.35
An adjudicatory hearing is similar to a trial in the adult criminal court system, but it focuses on determining whether the juvenile committed the alleged delinquent act. In Florida, adjudicatory hearings are held in front of a judge, with no jury.
The prosecutor presents evidence and witnesses during the hearing while the defense attorney challenges the allegations. If the judge finds that the minor committed the offense, the case will proceed to the next phase, which is the disposition.
Disposition of Delinquency Cases: § 985.43
Once a juvenile is found delinquent, the court will hold a disposition hearing to determine the appropriate consequences. Florida Statute § 985.43 outlines the range of penalties that may be imposed on a juvenile, including:
- Probation
- Restitution
- Community service
- Placement in a residential facility
- Counseling or treatment programs
The goal of the disposition phase is to provide rehabilitation while holding the minor accountable for their actions.
Commitment Programs for Delinquent Juveniles: § 985.441
A juvenile may be committed to a residential commitment program in more serious cases. These programs are designed to provide structure, therapy, and education for juveniles who are found delinquent. Under Florida Statute § 985.441, juveniles may be placed in secure or non-secure residential settings depending on the severity of the offense.
While in a commitment program, juveniles receive services aimed at reducing recidivism and helping them reintegrate into society. These programs may include education, vocational training, and counseling.
Community-Based Sanctions: § 985.601
The court may impose community-based sanctions under Florida Statute § 985.601 for less severe offenses. These sanctions can include probation, house arrest, community service, or participation in diversion programs. The goal is to allow the juvenile to remain in their home and community while still being held accountable for their actions.
Community-based sanctions aim to provide rehabilitation while avoiding the negative impacts of incarceration.
Restitution or Community Service: § 985.437
The court may order restitution to the victim or community service under Florida Statute § 985.437 as part of the juvenile’s rehabilitation. Restitution requires the juvenile to compensate the victim for any damages caused by their actions. Community service can also be an effective way to encourage accountability and give back to the community.
How Can I Defend Against Juvenile Delinquency Charges?
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand that juveniles deserve a chance to reform. Our experienced attorneys will explore every possible defense to help your child avoid the harshest consequences, including:
Lack of Evidence
If the evidence against the juvenile is weak or circumstantial, we will challenge its credibility and fight to have the charges dropped or reduced.
False Allegations
In some cases, juveniles are falsely accused of crimes. We will investigate the case thoroughly to uncover any inconsistencies or issues with the prosecution’s case.
Mistaken Identity
Mistaken identity can play a significant role in juvenile cases. We will examine the facts and ensure that the juvenile is not wrongfully implicated.
Self-Defense
If the juvenile acted in self-defense or defense of others, we will present this defense to the court.
Frequently Asked Questions About Juvenile Delinquency in Florida
What should I do if my child is accused of delinquency?
Contact a juvenile defense attorney immediately if your child is accused of a delinquent act. Do not let your child speak to law enforcement without legal representation.
Can my child avoid a criminal record?
Sometimes, the court may allow the juvenile to avoid a permanent criminal record through diversion programs, probation, or other rehabilitative measures.
Will my child be tried as an adult?
In certain serious cases, juveniles may be transferred to adult court. This depends on the nature of the offense and the juvenile’s prior history.
What is the statute of limitations for juvenile delinquency cases?
Florida has different statutes of limitations for various crimes, but juvenile delinquency cases must be filed within a reasonable time from the alleged offense.
Why Work With Our Florida Juvenile Defense Attorneys?
When your child is facing juvenile delinquency proceedings in Florida, their future hangs in the balance. A juvenile offense can lead to harsh penalties, including detention, probation, or even a permanent criminal record that affects education and employment opportunities. Working with an experienced defense attorney like Brett Metcalf is crucial to navigating the complexities of the juvenile justice system and protecting your child’s future.
As a former prosecutor at the State Attorney’s Office, Brett Metcalf understands how the state handles juvenile cases and the strategies they use. This background enables him to effectively advocate for your child, challenging evidence and pursuing alternatives that prioritize rehabilitation rather than punishment.
Since 2012, Brett has successfully represented young clients in a wide range of juvenile cases, from minor offenses to serious allegations. He works diligently to have charges reduced or dismissed and negotiates for diversion programs or treatment options whenever possible. His goal is always to resolve cases in a way that protects your child’s future and avoids lasting consequences.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Get Trusted Legal Defense for Juvenile Delinquency Charges in Florida
Facing juvenile delinquency charges can be overwhelming, but you don’t have to go through it alone. The skilled attorneys at Metcalf Falls, Criminal Defense Attorneys, P.A., are here to guide you and your child through every step of the legal process. We focus on achieving the best possible outcome for your family, whether through diversion, rehabilitation, or a fair trial.
Call (813) 981-7005 or fill out our online contact form to schedule a free consultation today. Let us help protect your child’s future and fight for a positive resolution.
