When a child is accused of a crime, the emotional toll on the family is overwhelming. As parents, you want to protect your child and ensure their future is not derailed by a single mistake. At Biello & Soowal, PLLC, we focus on helping families navigate the Florida juvenile justice system. As a dedicated juvenile defense law firm in Florida, we advocate fiercely for minors and work toward solutions prioritizing rehabilitation over punishment.
If your child is facing a delinquency charge, understanding the juvenile delinquency process in Florida is the first step toward defending their rights. Below, we break down each phase of the process, explain your child’s legal rights, and discuss how our team can help.
What Is Juvenile Delinquency?
In Florida, juvenile delinquency refers to criminal acts committed by individuals under the age of 18. These offenses can range from minor infractions like shoplifting to more serious charges such as aggravated assault or drug-related crimes. According to the Florida Department of Juvenile Justice (DJJ), over 45,000 juvenile arrests were made in the state in the most recent reporting year. Source: FLDJJ
Unlike adult criminal proceedings, the juvenile justice system is designed to be rehabilitative, not punitive. Still, the process is complex, and the consequences of a juvenile adjudication can be long-lasting. That’s why it is critical to work with a knowledgeable juvenile defense lawyer in Florida as early as possible.
The Florida Juvenile Delinquency Process
The juvenile delinquency process begins the moment a child is taken into custody. From there, a series of steps unfold, each requiring careful legal navigation to protect the minor’s rights and interests.
1. Intake and Screening
After arrest, the child is brought to a Juvenile Assessment Center or a DJJ intake facility. A probation officer evaluates the child’s history, the nature of the alleged offense, school performance, family situation, and prior law enforcement encounters.
This intake process includes a Risk Assessment Instrument (RAI), which scores the child on a scale to determine whether they should be released, placed on home detention, or held in secure detention until a hearing.
Our role at this stage is to engage early and advocate for release or a low-risk score whenever possible. If your child has no prior record or is accused of a minor, non-violent offense, there’s often a strong argument for diversion or immediate release.
2. Detention Hearing
If the DJJ recommends detention, a hearing must occur within 24 hours. A judge will determine whether the child remains in custody or is released with conditions. Florida law requires this hearing to be held promptly to protect the child’s constitutional rights.
At the detention hearing, we present evidence and arguments to persuade the court that your child does not pose a flight risk or danger to the community. Many parents are surprised to learn that even first-time offenders can be detained if the charges are serious. That’s why skilled advocacy from a Florida juvenile defense attorney at this stage can make a significant difference.
3. Petition and Arraignment
If prosecutors decide to pursue the case, they file a petition detailing the charges. This is followed by an arraignment, where the child formally pleads guilty, not guilty, or no contest.
We work closely with families to evaluate the strength of the state’s case before any plea is entered. In many cases, we can negotiate favorable resolutions before the matter ever proceeds to trial.
4. Adjudicatory Hearing (Trial)
The adjudicatory hearing is the juvenile equivalent of a criminal trial. It’s typically held before a judge, not a jury—and the state must prove the allegations beyond a reasonable doubt.
As your child’s legal team, we challenge the prosecution’s evidence, present witnesses, cross-examine state witnesses, and argue for a “not delinquent” finding when appropriate. In some situations, we may explore legal defenses such as mistaken identity, lack of intent, or illegal search and seizure.
5. Disposition (Sentencing)
If the judge finds the child delinquent, the case moves to the disposition phase. This is similar to sentencing in adult court. The court can impose a range of sanctions, including:
- Probation
- Community service
- Restitution
- Counseling or drug treatment
- Placement in a non-secure or secure residential program
Florida’s juvenile defense law firm works hard to present mitigating factors, including positive character references, academic records, and family support structures. We push for rehabilitative measures over institutional confinement whenever possible.
Juvenile Rights in Florida
Children in the juvenile justice system have specific rights under both Florida and federal law. Some of the key protections include:
- The right to an attorney
- The right to remain silent
- The right to due process
- The right to confront and cross-examine witnesses
- Protection against self-incrimination
It’s important to understand that law enforcement officers must read a minor’s Miranda rights before interrogating them. We’ve seen many cases where confessions were made without proper legal warnings, leading to successful suppression motions in court.
Parents should also be aware that they have limited rights during juvenile proceedings. Although parents can attend hearings, they do not have standing to act as legal representatives. Only a licensed Florida juvenile defense attorney can fulfill that role.
Diversion Programs and Pre-Trial Intervention
Sometimes, we can help your child avoid formal adjudication altogether through diversion. These programs are designed to hold the youth accountable while allowing them to maintain a clean record. Common diversion programs in Florida include:
- Teen Court
- Civil Citation Program
- Neighborhood Restorative Justice
- Juvenile Arbitration
Participation may require community service, an apology letter, counseling, or attending educational classes. If the program is completed successfully, the charges are dismissed. This route is ideal for first-time offenders and cases involving non-violent conduct.
We often push hard for diversion at the intake or pre-trial stage and work closely with probation officers and prosecutors to secure these outcomes.
Can Juveniles Be Tried as Adults in Florida?
Yes, Florida law permits juveniles to be transferred to adult court under certain circumstances. There are three main types of transfers:
- Direct File: The prosecutor can charge certain 14 and 15-year-olds with felonies in adult court. The list of eligible offenses expands significantly for 16 and 17-year-olds.
- Judicial Waiver: A judge approves the transfer after a hearing.
- Indictment: For capital or life felonies, a grand jury can indict a juvenile for adult prosecution.
Florida has one of the country’s highest rates of juvenile transfers to adult court. According to the Human Rights Watch, Florida directly filed over 900 juvenile cases into adult court in a year.
We aggressively oppose adult prosecution. Once a case moves to adult court, the consequences—such as prison time and a permanent criminal record, can be far more severe.
Long-Term Consequences of Juvenile Adjudication
Even though juvenile records are confidential, they are not always sealed or expunged automatically. A juvenile adjudication can impact:
- College admissions
- Scholarship eligibility
- Military recruitment
- Employment background checks
- Immigration status
We often help clients pursue record sealing or expungement once the case is closed. Our goal is to ensure that a youthful mistake doesn’t follow your child into adulthood.
How Our Florida Juvenile Defense Law Firm Can Help
At Biello & Soowal, PLLC, we have extensive experience defending minors accused of delinquent acts. As trusted juvenile defense lawyers in Florida, we take a comprehensive and compassionate approach to every case. Here’s what we offer:
- Immediate legal support following arrest or intake
- Thorough investigation of the facts
- Tailored defense strategies for trial or negotiation
- Advocacy for diversion and rehabilitation programs
- Assistance with sealing or expunging juvenile records
Our team is not only committed to legal excellence—we’re also committed to your child’s future. We view each client as more than just a case number. We listen, explain the process, and provide honest advice.
Frequently Asked Questions About the Juvenile Delinquency Process
What’s the difference between delinquency and dependency cases?
Delinquency cases involve minors accused of committing a criminal offense. Dependency cases involve minors who are abused, neglected, or abandoned and need court intervention for their protection. These are separate systems within the Florida juvenile court structure.
Can my child be released into my custody after arrest?
Yes, in many cases, your child may be released into your custody rather than held in detention. The decision is based on the DJJ’s risk assessment and the nature of the charges. Our goal is to present compelling reasons why your child should return home while their case proceeds.
Do juvenile records get sealed automatically in Florida?
No, juvenile records in Florida are not automatically sealed or expunged. However, many minors are eligible for expungement after completing a diversion program or when they reach adulthood. We help families through this process to minimize the long-term impact.
Can a juvenile be charged with a felony?
Yes, juveniles in Florida can be charged with felonies, including serious offenses like robbery, assault, or firearm possession. These charges carry significant consequences and may result in transfer to adult court in some cases.
Is a juvenile conviction considered a criminal conviction?
In most situations, a juvenile adjudication is not considered a criminal conviction. However, it can still affect future opportunities and may be considered in adult sentencing if the individual is later convicted of a crime.
What happens if my child violates probation?
Violating juvenile probation can lead to more restrictive penalties, including secure residential placement. We defend minors in violation hearings and advocate for alternative solutions when appropriate.
Take Action Now to Protect Your Child
The sooner you involve a Florida juvenile defense attorney, the better your chances of a positive outcome. Delays in seeking legal help can result in unnecessary detention, missed opportunities for diversion, or long-term consequences that could have been avoided.
If your child is facing charges in the juvenile justice system, we encourage you to reach out to Biello & Soowal, PLLC today. We’re ready to stand by your side and fight for your child’s future.
