Juvenile detention is a serious matter in Florida, governed by strict legal guidelines under Florida Statute § 985.245. If your child is facing juvenile detention, it’s essential to understand their rights and the legal processes involved.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we are dedicated to protecting your child’s future and guiding you through this challenging time. Call (813) 981-7005 for a free consultation.
What Is Juvenile Detention in Florida?
Under Florida Statute § 985.245, juvenile detention refers to the temporary custody of minors who are awaiting a court decision regarding their case or fulfilling detention requirements after adjudication. Juvenile detention facilities are designed to provide secure supervision and rehabilitation services.
Types of Juvenile Detention
Juvenile detention in Florida can take different forms depending on the severity of the offense and the court’s assessment:
Non-secure Detention
The minor remains in their home under strict supervision, such as electronic monitoring. This option allows the child to continue attending school and participating in family activities under court-imposed restrictions.
Home Detention
The minor must stay at home under curfews and monitoring but without being physically confined. Parents or guardians often ensure the child follows the court’s rules and restrictions.
Secure Detention
The minor is placed in a locked facility with structured supervision. These facilities offer educational programs, counseling, and structured activities aimed at rehabilitation.
The length and detention conditions are determined by several factors, including the nature of the alleged offense and the risk assessment conducted by the Department of Juvenile Justice (DJJ).
How Is Juvenile Detention Decided?
The decision to detain a minor is made during a detention hearing. Under Florida law, this hearing must occur within 24 hours of the juvenile’s arrest. At the hearing, a judge will evaluate:
- The seriousness of the charges,
- The minor’s prior criminal history, if any,
- The likelihood that the minor will appear for future court dates, and
- The potential threat to public safety.
The judge may also consider the results of a risk assessment conducted by the DJJ, which evaluates the child’s behavior, social history, and likelihood of reoffending. Based on this information, the court determines whether detention is necessary and what form it should take.
What Are the Legal Rights of Juveniles in Detention?
Juveniles in Florida have specific legal rights to ensure they are treated fairly within the justice system:
- Right to Legal Representation: Juveniles have the right to be represented by an attorney who can advocate for their best interests.
- Right to a Detention Hearing: A judge must review the detention decision within 24 hours of arrest.
- Right to Due Process: Juveniles have the right to challenge evidence, cross-examine witnesses, and present a defense.
- Right to Rehabilitation Services: The DJJ is required to provide educational and rehabilitative programs, including mental health counseling and vocational training.
- Protection from Abuse: Juveniles have the right to be protected from physical and emotional harm while in detention.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we ensure these rights are protected at every step.
Consequences of Juvenile Detention
Detention can have lasting impacts on a minor’s life, including:
- Disruption of Education: Time spent in detention often results in missed schoolwork and academic setbacks.
- Emotional and Psychological Effects: The stress and isolation of detention can lead to anxiety, depression, and other mental health issues.
- A Permanent Juvenile Record: Although juvenile records can sometimes be sealed, they may still impact future opportunities.
- Increased Risk of Future Involvement with the Justice System: Studies suggest that detention can increase the likelihood of recidivism.
That’s why it’s critical to have a strong legal advocate who can help minimize these consequences and seek alternatives to detention.
Defense Strategies for Juvenile Detention Cases
At Metcalf Falls, Criminal Defense Attorneys, P.A., we develop comprehensive defense strategies tailored to each juvenile case. These strategies may include:
Challenging the Arrest
If the arrest was unlawful or lacked probable cause, we will seek to have the charges dismissed.
Presenting Mitigating Factors
We highlight positive aspects of the minor’s life, such as strong family support, educational achievements, involvement in community activities, and good character references, to argue against detention.
Negotiating Alternative Programs
We explore diversion programs, community service, and counseling as alternatives to secure detention. These programs often focus on rehabilitation rather than punishment.
Advocating for Reduced Detention Time
If detention is unavoidable, we will fight for the shortest possible duration. This includes requesting early release based on good behavior and participation in rehabilitative programs.
Frequently Asked Questions About Juvenile Detention in Florida
What Should I Do if My Child Is Arrested?
Contact a criminal defense attorney immediately. Do not let your child speak to law enforcement without legal representation.
How Long Can a Minor Be Held in Secure Detention?
In Florida, a minor can generally be held for up to 21 days in secure detention before adjudication unless the court grants an extension for certain serious offenses.
Can a Juvenile Record Be Expunged?
Yes, juvenile records can be expunged or sealed in many cases, allowing your child to move forward without a permanent record.
Are There Alternatives to Juvenile Detention?
Yes, depending on the circumstances of the case, alternatives such as probation, counseling, and diversion programs are often available.
What Happens at a Juvenile Detention Hearing?
A juvenile detention hearing is typically held within 24 hours of a minor’s arrest. During this hearing, a judge reviews the case to determine whether detention is necessary, considering factors such as the severity of the charges and the juvenile’s prior record.
Can Parents Be Involved in the Juvenile Court Process?
Yes, parents are encouraged to be involved throughout the juvenile court process. Their participation can include attending hearings, collaborating with legal counsel, and supporting rehabilitation efforts, all of which can positively influence the court’s decisions.
Why Work With Our Florida Juvenile Defense Attorneys?
If your child has been placed in juvenile detention in Florida, you need an experienced defense attorney to help navigate the complex system and work toward a positive resolution. Juvenile detention can be a daunting experience, and the consequences of remaining in the system could impact your child’s future long after the case is resolved. Brett Metcalf is dedicated to ensuring your child receives fair treatment and is given the best chance to return to their life without a lasting criminal record.
With a background as a former prosecutor at the State Attorney’s Office, Brett Metcalf has an in-depth understanding of the juvenile justice system and how detention decisions are made. This allows him to advocate effectively for your child, challenging the conditions of detention, seeking release, or advocating for alternative measures like rehabilitation programs that are more beneficial to your child’s growth and future.
Since 2012, Brett has represented Florida families in juvenile cases, working tirelessly to minimize the time spent in detention and prevent any lasting legal consequences. He builds a comprehensive defense strategy to fight for alternatives to detention, such as home detention, probation, or treatment programs. His focus is always on helping your child move forward in a positive direction.
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 Representation for Juvenile Detention Cases Now
If your child is facing juvenile detention in Florida, don’t wait to seek legal help. The experienced attorneys at Metcalf Falls, Criminal Defense Attorneys, P.A., are here to guide your family through this difficult time with compassionate and aggressive legal representation.
Call (813) 981-7005 or complete our online contact form to schedule your free consultation today. Let us fight to protect your child’s future.
