After a child is accused of a crime, one of the first questions the parent will ask is, "Should I hire a lawyer to represent my child?" The United States Constitution gives each of us the right to remain silent under the 5th Amendment and the right to be represented by counsel under the 6th Amendment. It is particularly important for juveniles to exercise those rights once they are suspected of a crime. 

Seeking legal counsel as soon as possible can help you decide what you need to do right now to protect your child against a criminal accusation. Even for minor offenses, it is important to understand the impact of a criminal record. The child and parents should also understand the consequences of waiving the child's right to a speedy trial or signing documents presented before the first court date. The other problem in these cases is that after an arrest, the school might suspend the child and start the process for expulsion or a change in placement.

Having an attorney early in the case can help you determine the best course of action. Having an attorney early in the case might increase the chances that the State Attorney's Offices in the South Florida will drop the charges, file reduced charges, or allow the child to enter the best diversion program available. Diversion programs and the conditions required vary widely. Entering any one of these programs may or may not be in the child's best interest depending on the facts of the case.

Diversion programs and the conditions required vary widely.

This is particularly true for drug offenses such as possession of marijuana or possession with intent to sell. Hiring an aggressive criminal defense attorney might increase the odds that the best disposition

Hiring an aggressive criminal defense attorney might increase the odds that the best disposition in the case can be negotiated and that the child understands all of the pros and cons of each way of resolving the case. Call 954-925-3111 to discuss your case today.

 

 

Any criminal allegation against a child is serious and the effects can be long-lasting. Tough-on-crime prosecutors often seek consequences that will be devastating to a child's future and may impact educational and career opportunities. Juvenile charges can result in a delinquency record and even placement in a facility or state-run program outside the home.

The Florida Juvenile Justice System originally was created to rehabilitate rather than to punish children. However, it still is understandably a scary place for a parent to maneuver on behalf of their child. If your son or daughter has been arrested, it is important to hire an experienced juvenile lawyer in South Florida so your child is not detrimentally affected for the rest of his or her life.

Never let your child talk to a law enforcement officer until AFTER you have consulted with an attorney. 

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Juvenile Delinquency in Florida

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In Florida, juvenile delinquency includes anyone under the age of 18 who has been charged with any crime. Some of the more common charges for juveniles include:

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* Underage/juvenile DUI

* Under 21/minor in possession of alcohol

* Simple possession of marijuana

* Shoplifting/petit theft

* Criminal mischief

* Sexually motivated crimes against a younger child

 

If your child has been charged with a crime, he or she will likely be processed and evaluated after they have been arrested. Upon assessment, your child will then either be released to their home, be placed on home detention or placed in secure detention.

After your child is released or detained, there will be a hearing in front of a judge, followed by judicial proceedings. The circuit courts in Florida hold jurisdiction over all juvenile cases. There is no option for a jury trial in juvenile court. If your child’s case goes to trial, your child’s innocence or guilt is based only on the judge’s decision.

Juveniles do have the advantage of a speedy trial by law, and in Florida, your child’s trial will occur within 90 days of their arrest, or from the date the petition is filed, whichever occurred first.

  

Juvenile Offenses

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Any criminal allegation against a child is serious and the effects can be long-lasting. Tough-on-crime prosecutors often seek consequences that will be devastating to a child's future and may impact educational and career opportunities. Juvenile charges can result in a delinquency record and even placement in a facility or state-run program outside the home.

The Florida Juvenile Justice System originally was created to rehabilitate rather than to punish children. However, it still is understandably a scary place for a parent to maneuver on behalf of their child. If your son or daughter has been arrested, it is important to hire an experienced juvenile lawyer in South Florida so your child is not detrimentally affected for the rest of his or her life.

Never let your child talk to a law enforcement officer until AFTER you have consulted with an attorney. 

 

Defense Attorney for Juveniles in South Florida

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You may not know where to turn for the help your child needs in fighting these serious allegations. The South Florida juvenile lawyers at Alan S. Bernstein P.A. can help you understand your child’s rights and how to protect them. When you discuss the facts of your child’s particular case with a defense attorney, they may be able to find defenses or other factors to have your child’s charges reduced or even dismissed.

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Juvenile Civil Citation Program in Florida

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Florida provides for a civil citation program for first-time misdemeanor juvenile offenders under Florida Statutes § 985.12. The civil citation program in Florida is for juvenile offenders who have committed non-serious delinquent acts, and provides for an alternative to custody in the Department of Juvenile Justice.

A juvenile offender who is eligible for this program will be required to complete up to 50 community service hours, and may be required to participate in family counseling, urinalysis monitoring, substance abuse and/or mental health treatment.

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Consequences of Juvenile Crime

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The consequences of juvenile crimes, in addition to an effect on the juvenile’s future opportunities, can include imprisonment, placement in a secure facility under court order outside of the home or probation or house arrest.

Probation usually requires the child to meet certain conditions, such as completing a specific number of hours of community service and paying restitution to compensate the victims for financial damages. It also can include court-mandated counseling for anger management of drug or alcohol abuse. Curfews and mandatory drug testing may also be ordered.

If a juvenile does not qualify for the civil citation program, he or she will have to stand trial for the alleged offense. In these instances, a judge will decide the child's fate. Penalties will vary depending on the severity of the crime and the juvenile’s criminal history. In some cases where the crimes are especially heinous, juveniles are charged as adults and can be sentenced to several years behind bars.

 

 

Juvenile Offenses

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Any criminal allegation against a child is serious and the effects can be long-lasting. Tough-on-crime prosecutors often seek consequences that will be devastating to a child's future and may impact educational and career opportunities. Juvenile charges can result in a delinquency record and even placement in a facility or state-run program outside the home.

The Florida Juvenile Justice System originally was created to rehabilitate rather than to punish children. However, it still is understandably a scary place for a parent to maneuver on behalf of their child. If your son or daughter has been arrested, it is important to hire an experienced juvenile lawyer in South Florida so your child is not detrimentally affected for the rest of his or her life.

Never let your child talk to a law enforcement officer until AFTER you have consulted with an attorney. 

 

Juveniles Tried as Adults in Florida

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A child can be tried as an adult and even sentenced to federal prison. In Florida, the State Attorney decides if a child is tried in the juvenile or the adult system. Generally, the decision is based on the juvenile’s age, the crime committed and other statutory guidelines.

Upon a guilty plea or verdict, the Department of Corrections usually files a report with recommendations to the court regarding the juvenile’s charges. A child found guilty in adult court may be sent back to the Department of Juvenile Justice for imposed sanctions and programs. It is to a juvenile’s advantage to be tried as a child, and not an adult.

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For an aggressive defense of your rights, contact South Florida criminal defense attorney Alan S. Bernstein P.A. for a free consultation. Call today and put an experienced effective advocate on your side who will defend your rights.

Call 954-925-3111 or 954-347-1000 on evenings and weekends.