When a young person is accused of a crime, it can feel like the world has turned upside down for them and their entire family. As parents, we do everything in our power to protect our children, but when they face the juvenile justice system, the stakes are incredibly high.
At Biello & Soowal, PLLC, we know how emotionally overwhelming and legally complicated this experience can be. As a juvenile defense law firm in Florida, we are committed to helping families navigate this complex process with clarity, empathy, and aggressive legal representation.
Juvenile charges can affect a child’s future long after the legal case is resolved. A criminal record can follow them into adulthood, impacting their education, job prospects, and more. That’s why our team of Florida juvenile defense attorneys works tirelessly to reduce the impact of these charges—or eliminate them—whenever possible.
What Makes Florida’s Juvenile Justice System Different?
The juvenile justice system in Florida is designed differently from the adult system. While adult courts often focus on punishment, juvenile courts are supposed to prioritize rehabilitation and the child’s best interests. However, that doesn’t mean these cases are handled lightly.
Under Florida law, any person under 18 is considered a juvenile. If charged with a delinquent act, their case will typically go through the Florida Department of Juvenile Justice (DJJ), which handles intake, assessment, and diversion decisions. The DJJ also recommends whether a juvenile should be detained, prosecuted, or diverted into an alternative program.
Despite the intent to rehabilitate, the process can still be harsh. Juveniles may sometimes be transferred to adult court, especially when the charge involves a felony. According to Florida Statute § 985.557, prosecutors may “direct file” a case, allowing a child as young as 14 to face adult penalties depending on the nature of the crime.
Common Juvenile Charges We Handle
Our juvenile defense law firm in Florida has helped families whose children face various criminal accusations. Every case is unique, but these are some of the most common types of charges we defend against:
- Drug Offenses: Possession of marijuana, prescription drugs, or other controlled substances. Juveniles may also face charges for distributing or selling drugs, even at school.
- Theft and Burglary: Shoplifting, breaking and entering, or stealing property from another person or business.
- Vandalism and Property Crimes: Graffiti, destruction of school or public property, or tampering with vehicles.
- Assault and Battery: Fights or altercations, even those without serious injury, can lead to battery charges under Florida law.
- Sexual Misconduct: These cases are often sensitive and complex, sometimes involving allegations between classmates or minors in dating relationships.
- Underage DUI and Alcohol Possession: Operating a vehicle under the influence or possessing alcohol before age 21 can lead to serious juvenile and administrative penalties.
- Cyber Crimes: Bullying, harassment, or inappropriate online behavior can also result in criminal charges.
Whatever the charge, our job as your Florida juvenile defense attorney is to analyze every aspect of the case, identify weaknesses in the prosecution’s arguments, and work toward a resolution that protects your child’s rights and long-term future.
What Happens After a Juvenile Arrest in Florida?
After a juvenile is arrested, the Department of Juvenile Justice begins the process with an assessment. This includes a risk assessment instrument (RAI), which helps determine whether the child should be detained or released to a parent or guardian.
The juvenile must appear before a judge within 24 hours for a detention hearing if detained. At this stage, we advocate for release or the least restrictive environment possible. From there, the State Attorney’s Office decides whether to formally file charges, divert the case, or pursue alternative sanctions.
Once charges are filed, the case can move to adjudicatory hearings, similar to a trial in adult court, though there are no juries in juvenile proceedings. If the court determines that the juvenile committed the offense, they are “adjudicated delinquent” and sentenced accordingly.
Consequences of a Juvenile Adjudication
Even though juvenile records are often considered confidential, an adjudication of delinquency can have lasting consequences. Depending on the severity of the offense, the penalties may include:
- Probation with conditions like community service, drug testing, or counseling
- Commitment to a residential facility run by the DJJ
- Restitution to victims
- Suspension of driver’s license
- Mandatory school attendance or curfews
When a juvenile is tried and convicted in adult court, the penalties can be identical to those imposed on adults, including prison time.
A criminal record, even from a juvenile offense, can create significant hurdles later in life. It can limit college admissions, scholarship eligibility, employment opportunities, and military enlistment. That’s why it’s so important to work with a juvenile defense lawyer in Florida who is focused on the immediate outcome and your child’s future.
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Can a Juvenile Record Be Sealed or Expunged?
In many cases, yes. Florida offers opportunities to seal or expunge certain juvenile records, depending on the offense and how it was resolved. For instance:
- A juvenile who completes a diversion program may be eligible for expungement under Florida Statute § 943.0582.
- If a child is not adjudicated delinquent (i.e., the case is dismissed or found not guilty), the record may also be eligible for expungement.
We help families by clearing juvenile records whenever possible and giving them the clean slate they deserve.
Rehabilitation Over Punishment: Florida’s Diversion Programs
Florida’s juvenile justice system does provide several alternatives to incarceration. These programs aim to prevent reoffending by addressing the underlying causes of delinquent behavior. Some diversion and intervention options include:
- Civil Citation Programs: First-time misdemeanors may be addressed with community service or counseling, avoiding court.
- Teen Court: A peer-based program where the juvenile appears before a jury of other teens and agrees to fulfill specific requirements.
- Juvenile Arbitration: An informal process where the child agrees to sanctions instead of formal prosecution.
- Behavioral Health Services: For juveniles with underlying mental health or substance abuse issues.
As your Florida juvenile defense attorney, we advocate strongly for placement in these alternatives when appropriate. We understand that most children make mistakes, and the justice system should not define their future by one poor decision.
Your Role as a Parent or Guardian
Parents play a critical role in the outcome of juvenile defense cases. Your support and cooperation can make a significant difference when a child is arrested. We always encourage parents to:
- Stay involved in every step of the legal process
- Provide emotional support to your child, who may be scared or confused
- Communicate openly with your attorney and ensure your child understands their rights
- Help your child comply with court conditions, such as curfews or therapy
When you hire us, you’re not just getting legal representation—you’re gaining a partner who will keep you informed, prepared, and involved.
Why Choose Biello & Soowal, PLLC?
Our firm is proud to be a trusted juvenile defense law firm in Florida. What sets us apart is our comprehensive approach to every case. We understand juvenile cases’ unique emotional, legal, and developmental challenges, and we take our responsibility seriously.
Here’s what you can expect when working with us:
- We thoroughly investigate every case, including school reports, police conduct, and witness credibility.
- We challenge unlawful arrests and improper interrogations, especially when minors are questioned without their parents or legal counsel.
- We build custom defense strategies considering the law and what’s best for your child’s future.
- We prioritize alternatives to incarceration, always aiming for solutions that keep kids out of the system and on a path toward success.
- We fight for dismissals, reduced charges, or diversion whenever possible, exploring sealing and expungement options.
Frequently Asked Questions About Juvenile Defense in Florida
Can police question my child without a parent present?
Under Florida law, police can question a minor without a parent present. However, any statements made must be voluntary and follow specific legal standards. If your child was coerced or didn’t understand their rights, we may be able to challenge the admissibility of that statement in court.
What is the minimum age for a juvenile to be charged with a crime in Florida?
Florida has no statutory minimum age for delinquency. In practice, children as young as 7 or 8 have faced charges. While rare, it highlights the importance of having a Florida juvenile defense attorney involved as early as possible to protect the child’s rights.
Can a juvenile be held in jail with adults?
Generally, no. Florida law requires juveniles to be housed separately from adult inmates. However, if a juvenile is tried as an adult and convicted, they may eventually serve time in an adult facility. We work hard to avoid that outcome and keep juvenile cases in the youth system.
Does a juvenile have the right to a jury trial?
No. Juvenile delinquency cases in Florida are heard by a judge only—there is no right to a jury trial. Having an experienced attorney who can present evidence and argue effectively before a judge is even more critical.
Can school-related incidents lead to criminal charges?
Absolutely. Many juvenile cases begin with something that happened at school—fights, threats, or possession of contraband. School resource officers may refer these incidents to law enforcement, triggering formal charges. Early legal intervention is key to keeping these matters from escalating.
Schedule a Consultation Today
Your child deserves a second chance—and a strong legal advocate who won’t back down. If your son or daughter has been accused of a crime, now is the time to act. Contact Biello & Soowal, PLLC to speak with an experienced juvenile defense lawyer in Florida. We’re here to protect your child’s rights, future, and freedom.
Call us now or submit a request through our website to schedule your confidential consultation.
