- Dorothy Naumann
- Indian River County, FL
When a minor is accused of committing a delinquent act in Florida, the case proceeds through the juvenile justice system rather than the adult criminal court. Florida’s juvenile justice system is governed primarily by Chapter 985 of the Florida Statutes and operates under distinct procedures, terminology, and dispositional options from the adult system.
Definition of a Juvenile Under Florida Law
For purposes of the juvenile justice system, Florida law defines a child as any person under 18. A minor who has been transferred to adult court, or who has been previously adjudicated as an adult, is no longer subject to juvenile jurisdiction for subsequent offenses.
Delinquency vs. Criminal Charges
In the juvenile system, a criminal offense is referred to as a delinquent act rather than a crime. A child found to have committed a delinquent act is adjudicated delinquent rather than convicted. This distinction has significance for the child’s record and for the range of available dispositions.
The Juvenile Court Process
When a minor is taken into custody in Florida, the arresting officer may release the child to a parent or guardian, deliver the child to a juvenile assessment center, or, in serious cases, place the child in secure detention. Under Florida Statute 985.26, a child may be held in secure detention for no more than 21 days before an adjudicatory hearing unless the case involves certain serious offenses.
The Department of Juvenile Justice (DJJ) conducts an assessment of the child and prepares a recommendation for the state attorney’s office. The state attorney may then file a petition for delinquency, divert the case to a civil citation or diversion program, or decline to file.
If a petition is filed, the case proceeds to an adjudicatory hearing, which functions similarly to a bench trial in adult court. There is no right to a jury trial in Florida juvenile proceedings. A judge determines whether the child committed the delinquent act based on evidence presented by both sides.
Disposition Hearing
If a child is adjudicated delinquent, a disposition hearing is held to determine the appropriate response. Available dispositions range from probation and community service to commitment to a DJJ residential program. Florida Statute 985.433 requires the court to consider the least restrictive disposition consistent with the child’s best interests and the protection of the public.
Transfer to Adult Court
Florida law provides mechanisms for transferring a juvenile to adult court in certain circumstances. Under Florida Statute 985.557, the state attorney has discretion to directly file charges in adult court for minors aged 14 or older who are charged with certain serious offenses, including capital felonies, life felonies, and first-degree felonies. A judge may also transfer a case to adult court following a transfer hearing upon the state attorney’s motion.
Once a minor is convicted as an adult in Florida, all subsequent offenses are prosecuted in adult court.
Confidentiality of Juvenile Records
Juvenile records in Florida are generally confidential under Florida Statute 985.04, though certain records related to serious or violent offenses may be accessible to specified agencies. A juvenile adjudication is not a criminal conviction under Florida law, though it may have collateral consequences in certain circumstances.
Right to Legal Representation
Any child facing delinquency proceedings in Florida has the right to legal representation. This right attaches at the point of a detention hearing or arraignment and continues through all stages of the proceeding.
Contacting a Criminal Defense Attorney
Florida law provides individuals the right to legal representation when facing criminal charges. Any minor or parent of a minor involved in juvenile delinquency proceedings in Indian River County may contact a qualified criminal defense attorney to discuss their situation and legal rights.
To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.