When a child is arrested in Florida, it can be overwhelming for both the minor and their family. The juvenile justice system is separate from the adult criminal process and is designed to focus more on rehabilitation than punishment. Still, the stakes are real—juvenile records can follow a young person into adulthood if not handled properly. Understanding the process, the possible outcomes, and the rights your child has can help you respond in a way that protects their future. Consulting an experienced criminal defense attorney in Florida is one of the most important steps you can take to ensure your child’s rights are protected throughout the juvenile justice process.
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Juvenile Arrests in Florida: What Families Should Expect
If a child under 18 is arrested in Florida, the process differs significantly from that of an adult. But that doesn’t mean it’s any less serious. Florida law enforcement can detain juveniles for a variety of offenses—ranging from minor infractions to more serious felony charges.
Here’s a general breakdown of what happens after a juvenile arrest:
1. Initial Custody and Detention
When a juvenile is taken into custody, they are typically transported to a Juvenile Assessment Center (JAC) or a local juvenile detention facility. At this stage, the child is assessed to determine if they should be held in detention or released to a parent or guardian.
Key considerations include:
· The seriousness of the alleged offense
· Prior criminal history
· Risk to public safety
· Whether the juvenile failed to appear in past proceedings
Detention is not automatic—many juveniles are released with conditions such as curfews or mandatory school attendance.
2. Notification of Parents or Guardians
Florida law requires that parents or legal guardians be notified immediately after a juvenile is taken into custody. This gives families an early opportunity to intervene, understand the charges, and take steps to ensure their child’s rights are protected. In such situations, it is crucial to consult with an experienced criminal defense attorney in Florida who understands the juvenile justice system and can guide you through the next steps effectively.
3. Detention Hearing
If the juvenile is held, they must appear before a judge within 24 hours for a detention hearing. This hearing determines whether the child will be held until trial or released with supervision.
At this stage:
· The judge reviews the arrest report
· The prosecution may argue for continued detention
· The defense can argue for release
It’s important to be prepared for this hearing—what’s decided here often shapes how the rest of the case unfolds.
4. Intake and Diversion Options
Once a juvenile is processed, the Florida Department of Juvenile Justice (DJJ) evaluates whether the case can be diverted from the formal court process. Diversion programs offer an alternative to traditional prosecution.
Common diversion options include:
· Teen court
· Civil citation programs
· Community service
· Counseling or substance abuse treatment
Diversion can help a juvenile avoid a formal criminal record—especially for first-time or non-violent offenses.
5. Filing of Formal Charges
If diversion isn’t available or appropriate, the case moves forward and the State Attorney’s Office decides whether to file a petition (similar to charges in adult court).
It’s important to note:
In some cases—especially violent crimes—prosecutors may “direct file” the case in adult court, meaning the juvenile will be charged and tried as an adult. Florida is one of the few states where this can happen without a judge’s approval.
6. Adjudicatory Hearing (Trial)
If the case proceeds, a judge (not a jury) hears the case in a trial-like setting known as an adjudicatory hearing. The judge determines whether the charges are proven beyond a reasonable doubt.
Unlike adult trials, juvenile cases:
· Are closed to the public
· Focus more on rehabilitation
· Avoid harsh sentencing (but still carry serious consequences)
7. Disposition (Sentencing)
If the juvenile is found delinquent (guilty), the case proceeds to a disposition hearing, which is similar to sentencing. The judge decides on consequences that may include:
· Probation
· Community service
· Restitution to victims
· Commitment to a juvenile facility
· Counseling or rehabilitation programs
Each case is unique, and the focus is often on what will help the child avoid future offenses.
8. Impact on the Juvenile Record
A juvenile record is not always sealed automatically. Without proper legal steps, that record could show up on background checks for jobs, college applications, or housing. Florida law allows for sealing or expunging juvenile records, but only under certain conditions.
That’s why it’s important to consider not just the legal outcome, but also the long-term impact on your child’s future.
Practical Tips for Parents
If your child is arrested, here are steps to take immediately:
1. Stay calm – your response sets the tone for how your child copes.
2. Do not encourage your child to talk to law enforcement without legal counsel.
3. Collect all paperwork provided by the police or court.
4. Show up for every court appearance—missing a hearing can worsen the situation.
5. Consult someone who understands juvenile law in Florida—minor decisions can have major consequences.
Even if the offense seems minor, treating the process with seriousness gives your child the best chance at rehabilitation and a clean slate.
FAQs
1. Can a juvenile be charged as an adult in Florida?
Yes. Florida law allows certain serious offenses—like armed robbery or sexual battery—to be “direct filed” in adult court, especially if the child is 16 or older. In some cases, even 14- and 15-year-olds may be transferred.
2. Does a juvenile record go away automatically at 18?
Not always. Some juvenile records may remain visible unless you take formal steps to seal or expunge them. It’s important to consult a lawyer about record-clearing options.
3. What rights does a juvenile have when arrested?
Juveniles have many of the same rights as adults: the right to remain silent, the right to an attorney, and the right to a fair hearing. However, the process for asserting those rights differs, especially regarding parental involvement.
Final Thoughts
A juvenile arrest doesn’t have to define your child’s future. Florida’s system gives space for rehabilitation and second chances—but only if the process is handled carefully from the start.
Knowing what to expect and understanding your options early can make a major difference. With the right information and timely action, many families are able to move past this experience and help their child get back on the right path.
📍 Address: 130 S Indian River Dr, Suite 202, Office 218, Fort Pierce, FL 34950
📞 Phone: 772-828-1143
📧 Email: info@jordizaragoza.com