When a minor is arrested in Florida, their case is handled under juvenile law, which operates differently from the adult criminal system. While the goal of juvenile court is often rehabilitation rather than punishment, the process can still be overwhelming and confusing for both the child and their parents.
Hiring a skilled juvenile defense attorney can make all the difference in protecting your child’s future, ensuring their rights are upheld, and minimizing the impact of a juvenile arrest. Many families are unsure of their legal rights, potential penalties, and how to best protect their child’s future. In this guide, we’ll explain how Florida’s juvenile justice system works and what happens after an arrest.
1. How the Florida Juvenile Justice System Works
Unlike adult court, Florida’s juvenile court system is designed to educate and rehabilitate minors instead of focusing solely on punishment. However, that does not mean the consequences of a juvenile arrest should be taken lightly.
Key Differences Between Juvenile and Adult Court:
- No jury trials – A judge decides the case outcome.
- Focus on rehabilitation – Programs aim to prevent repeat offenses.
- Sealed records – In many cases, juvenile records may be sealed or expunged after a certain period.
- Diversion programs – Instead of jail, minors may be sent to counseling, probation, or alternative education programs.
Even though the system is meant to help young offenders, severe crimes or repeat offenses can lead to harsher penalties. That’s why having a skilled juvenile defense attorney is crucial.
2. Common Juvenile Offenses in Florida
Juvenile offenses can range from minor infractions to more serious charges. Some of the most common offenses minors are arrested for include:
- Underage drinking and DUI
- Shoplifting and petty theft
- Vandalism and property damage
- Drug possession or distribution
- Assault, fighting, and bullying-related offenses
- Cybercrimes, including social media-related offenses
While some offenses may result in warnings or diversion programs, others can carry serious penalties, including juvenile detention or being charged as an adult.
3. What Happens After a Juvenile Arrest?
If a minor is arrested in Florida, they will go through a multi-step legal process. The steps in the juvenile justice system include:
Step 1: Taken into Custody
- Law enforcement may either release the minor to their parents or hold them in juvenile detention if the offense is serious.
Step 2: Intake Process with the Department of Juvenile Justice (DJJ)
- A DJJ officer will review the case and recommend one of the following:
- Diversion programs (such as counseling or community service).
- Probation with specific conditions.
- Formal charges leading to juvenile court proceedings.
Step 3: Court Proceedings
- If the case moves forward, a judge (not a jury) will hear the case.
- The judge will decide whether to dismiss the charges, order probation, or impose other penalties.
Step 4: Sentencing & Rehabilitation
- If found guilty, the minor may face:
- Community service or counseling.
- Probation with restrictions on activities and movement.
- Juvenile detention, depending on the severity of the crime.
At any stage, having a juvenile defense attorney can negotiate alternatives to detention and work to minimize the impact of the charges on the minor’s future.
4. Can a Juvenile Be Tried as an Adult?
In certain cases, minors can be charged as adults, meaning they face the same penalties as adults, including prison time. Florida is known for its strict juvenile laws, and minors as young as 14 can be transferred to adult court for serious crimes.
Crimes That Can Result in Adult Charges:
- Violent crimes (assault, robbery, homicide).
- Drug trafficking or possession with intent to sell.
- Grand theft auto or burglary.
- Repeat offenses.
A juvenile defense attorney can fight to keep the case in juvenile court, where rehabilitation options are available instead of strict criminal penalties.
5. The Role of a Juvenile Defense Attorney
A juvenile defense attorney plays a vital role in protecting a minor’s legal rights and securing the best possible outcome.
How an Attorney Can Help:
- Ensure the minor’s rights are upheld during questioning and court proceedings.
- Negotiate for diversion programs instead of formal charges.
- Defend against unjust or exaggerated charges.
- Work toward sealing or expunging the juvenile record to prevent long-term consequences.
Without proper legal representation, a juvenile charge can have lasting effects, making it harder to get jobs, housing, and educational opportunities in the future.
6. How Parents Can Support Their Child Through the Process
If your child has been arrested, it’s important to take immediate action while remaining calm and supportive.
What Parents Should Do:
- Stay informed about your child’s legal rights and the process.
- Hire a juvenile defense attorney as soon as possible.
- Encourage cooperation with the legal process while maintaining their right to remain silent until a lawyer is present.
- Support rehabilitation efforts, such as counseling or community service, to prevent future issues.
A strong legal defense combined with parental support can make a significant difference in the outcome of a juvenile case.
Protect Your Child’s Future!
A juvenile arrest does not have to define a young person’s future. However, without proper legal guidance, even minor offenses can result in serious, long-term consequences.
At The Law Office of Darrin E. Johnson, we specialize in juvenile defense and are dedicated to helping young people get the second chance they deserve. Whether your child is facing misdemeanor charges, felony offenses, or is at risk of being tried as an adult, we will fight to protect their rights and secure the best outcome possible.
Contact us today for a free consultation and let us help protect your child’s future.