Few things are more frightening for a parent than receiving a call that their child has been arrested. Whether the situation involves a misunderstanding or a more serious allegation, the emotional weight can be intense—and the legal system can feel impossible to navigate.
In Florida, juvenile cases follow a different path than adult criminal cases, but the consequences can still be life-changing. If your child has been arrested, knowing what to expect and how to respond can help protect their rights and future. Consulting with a knowledgeable criminal defense attorney in Florida can provide the guidance you need to make informed decisions during this difficult time.
Need Local Legal Guidance?
If you’re facing criminal charges or seeking legal advice in the Fort Pierce area, having support from someone who understands the local court system can make all the difference:
Address: 130 S Indian River Dr, Suite 202, Office 218, Fort Pierce, FL 34950
Call: (772) 828-1143
Email: info@jordizaragoza.com
First Things First: Stay Calm and Gather Information
It’s natural to feel overwhelmed, but staying calm is crucial. The first steps you take—what you say, what you do, and how you respond can directly impact the direction of the case.
If your child is in custody, try to obtain:
- The location of where they are being held
- The exact charges
- The name of the arresting agency (e.g., local police, sheriff’s department)
- The case number, if available
This information helps you understand whether your child is in a juvenile detention center or facing more serious adult-level charges.
What Happens After a Juvenile Arrest in Florida?
Florida’s juvenile justice system aims to prioritize rehabilitation over punishment, especially for first-time or non-violent offenses. However, the process moves quickly, and there are critical steps where early decisions matter.
1. Juvenile Assessment and Detention
After an arrest, your child will typically be taken to a Juvenile Assessment Center (JAC). At this point, officials evaluate the risk your child may pose to the community and decide whether to release them to your custody or place them in secure detention.
A detention hearing must be held within 24 hours, where a judge will review the charges and determine whether your child should be:
- Released to a parent or guardian
- Held in a detention center for up to 21 days while awaiting trial
2. The Role of the Department of Juvenile Justice (DJJ)
The DJJ assesses the case and may recommend:
- Diversion programs (alternative to court)
- Formal charges through the State Attorney’s Office
- Probation
- Commitment to a residential facility for serious cases
Their recommendations are based on the offense, your child’s prior history, school performance, and input from family or law enforcement.
3. Filing of Charges and Court Proceedings
If the State Attorney decides to file formal charges, the case enters the court system. Florida juvenile court proceedings include:
- Arraignment: Your child is formally notified of the charges.
- Adjudicatory hearing: A judge (not a jury) hears the case and determines guilt.
- Disposition hearing: If found guilty, the judge decides the appropriate consequences ranging from community service to placement in a juvenile facility.
4. Can Juveniles Be Tried as Adults in Florida?
Yes. Florida law allows juveniles, especially those aged 16 or 17, to be tried as adults through a process called direct file or judicial waiver. This is more likely in cases involving:
- Violent felonies
- Firearms or weapons
- Repeat offenses
If transferred to adult court, your child may face adult-level sentencing, including potential prison time.
What Should Parents Do Immediately?
✅ Don’t Allow Your Child to Speak Without Guidance
Anything your child says to police or others can be used in court. Encourage your child to remain calm and exercise their right to remain silent until they understand their rights and options.
✅ Document Everything
Write down names, dates, locations, and interactions with law enforcement. Keep a record of court dates and all paperwork.
✅ Understand Your Child’s Rights
Juveniles have the right to:
- An attorney
- A detention hearing within 24 hours
- Remain silent and avoid self-incrimination
Understanding and asserting these rights can significantly affect the outcome of the case.
Long-Term Impacts of a Juvenile Arrest
A juvenile arrest can affect more than just the short term. Potential consequences may include:
- School disciplinary actions or suspension
- Difficulty applying for college admissions
- Loss of financial aid eligibility
- Barriers to military service or professional licensing
- A juvenile record that may be visible to certain employers or institutions
However, options like record sealing or expungement may be available especially if your child completes a diversion program or the charges are dismissed.
Alternatives to Formal Prosecution
Not every case leads to conviction. Florida’s system provides several alternatives that may keep a child out of the courtroom entirely.
🎯 Diversion Programs
These are often available for first-time offenders or minor offenses and may include:
- Counseling
- Community service
- Restitution to victims
- Educational workshops
Completion of a diversion program typically results in dismissal of charges.
🕊 Civil Citations
Instead of arrest, some law enforcement agencies issue civil citations for certain low-level offenses. These allow youth to avoid criminal charges entirely.
🔒 Withhold of Adjudication
Even when charges are filed, judges may withhold adjudication allowing for future record sealing if the youth meets certain conditions.
Final Thoughts
No parent expects to navigate the juvenile justice system but if your child has been arrested in Florida, how you respond matters. Taking proactive, informed steps can protect your child’s rights, reduce long-term harm, and create opportunities for rehabilitation rather than punishment.
Remember: an arrest is not the end of the road. Each case has options. Whether it’s pursuing diversion, avoiding direct-file prosecution, or exploring long-term relief through expungement, understanding the process gives you the power to make better decisions for your family.
FAQs
Q1: Will my child have a permanent criminal record after a juvenile arrest?
Not necessarily. Juvenile records may be sealed or expunged if the case is dismissed or resolved favorably. However, certain serious offenses or repeat offenses may stay on the record longer.
Q2: How long can a juvenile be held in detention in Florida?
Juveniles may be held for up to 21 days in secure detention before trial, depending on the charges and the judge’s decision at the detention hearing.
Q3: Should I hire a lawyer even for minor juvenile charges?
While not required, legal representation helps ensure your child’s rights are protected, explores diversion opportunities, and prevents long-term consequences. Even a “minor” charge can have lasting impacts if not handled properly.
Need Local Legal Guidance?
If you’re facing criminal charges or seeking legal advice in the Fort Pierce area, having support from someone who understands the local court system can make all the difference:
Address: 130 S Indian River Dr, Suite 202, Office 218, Fort Pierce, FL 34950
Call: (772) 828-1143
Email: info@jordizaragoza.com