Unpacking The Juvenile Delinquency Process In Florida

It’s scary to learn that your child has been arrested or accused of violating the law. You want what’s best for them, and the thought of detention or other consequences can lead to many sleepless nights. Working with the right attorney – and understanding the road ahead – is critical for moving through these challenges and protecting your child’s rights and future.

At Bilello & Soowal, PLLC, we can be your child’s voice and advocate in the juvenile justice system. We dedicate our practice solely to protecting the rights of juveniles and students. We can protect them not only in delinquency proceedings but also in any school-related disciplinary actions.

With offices in Fort Lauderdale and Deerfield Beach, our lawyers understand the intricacies of the Florida juvenile delinquency process and can guide you through it, standing up for your child’s best interests every step of the way.

What Is A Delinquent Act?

The terminology regarding juvenile justice can be confusing. If your child is in trouble with the law, they’re facing allegations of having committed a “delinquent act.” A delinquent act is an offense committed by a minor (under age 18) that would be considered a crime if they were an adult. An arrest or citation for a delinquent act will trigger juvenile delinquency proceedings.

Key Steps In The Juvenile Justice Process

The juvenile justice system is different than the adult court system, with its own set of rules and processes. However, your child still has rights, including the right to an attorney.

The juvenile justice process involves several critical stages:

• Arrest or citation: Your child might be taken into custody or given a citation. After an arrest, they will go to a Juvenile Assessment Center.
• Juvenile Assessment Center: Here, a Juvenile Probation Officer will complete a Detention Risk Assessment Instrument to gather information about your child, the family environment and the alleged violation. This assessment helps the state attorney decide whether to detain your child before the next hearing.
• Detention hearing: If detained, your child is entitled to a hearing within 24 hours. The judge will determine whether continued detention is appropriate and, if so, for how long.
• Arraignment: During the arraignment, your child can admit to, deny or decline to respond to the allegations. If your child is detained, this hearing must occur within 48 hours after the state files its petition.
• Adjudicatory hearing: This hearing is similar to a trial, but it’s before a judge, not a jury. The state must prove that your child committed the offense beyond a reasonable doubt. Your child has the right to present evidence, testify and cross-examine witnesses with the help of a lawyer. As in adult proceedings, they can’t be forced to testify or say anything that would incriminate themselves.
• Findings: The judge will decide whether the state has proved their case beyond a reasonable doubt. If so, the process will proceed to the disposition phase.
• Disposition hearing: The judge will the appropriate sanctions. Beforehand, the Department of Juvenile Justice will prepare a thorough predisposition report, which the judge must take into account.
• Appeals: Your child has the right to appeal the outcome and the disposition.

Our lawyers can advocate for your child at each stage of these proceedings. We can explain the entire process so you know exactly what to expect.

Potential Consequences Your Child May Be Facing

The consequences of a juvenile delinquency case vary depending on factors such as the severity and nature of the offense. Potential outcomes can include:

• Detention: Your child may be placed in a juvenile facility, which is something we can fight hard to avoid.
• Home detention: Your child might be allowed to remain at home under strict conditions instead of in a facility.
• Probation: Your child may be placed under supervision and required to meet certain terms such as attending school, performing community service and attending counseling.
• Community service: As part of rehabilitation, your child might be required to engage in community service activities.
• Restitution: Your child may be required to pay for any harm or loss caused by their actions.

We can give you a thorough picture of the potential penalties in your child’s case and any avenues for avoiding or minimizing them.

Your Child’s Future Matters. We’ll Take It Seriously.

We understand that navigating the juvenile justice system is something no parent wants to face. We deeply care about our clients and take every child’s future seriously. Here, you will find a compassionate approach to juvenile defense that takes into account all aspects of your child’s well-being. Our lawyers will work diligently to defend your child’s rights and future.