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Orange County Florida Criminal Lawyer & Orlando DUI Attorney -
Florida Juveniles & Crimes
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LAW FIRM, P.L.
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Orange County Florida Criminal Defense Lawyer - Juvenile Offenses:
The Juvenile justice system has several important differences than the criminal
justice system that handles adult offenders.  Some of these differences are
detailed below.  You should also be aware that even a minor criminal offenses
can have significant penalties and may have a lasting effect on your child's  
future opportunities, including their future educational and employment
opportunities.  If your child has been arrested for a criminal offense you should
speak with an experienced criminal defense attorney at your earliest opportunity
to learn about your child's rights and the defenses that may be available.

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.  

If your child has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced
Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following section of this page provides some basic information about the juvenile justice system:

Juvenile Rights - a child charged with a crime has some of the same rights as an adult including:

1)  The privilege against compulsory self-incrimination which includes the right to plead not guilty.
2)  The right to a trial in which the State must prove your guilt beyond a reasonable doubt.
3)  The right to a speedy trial.
4)  The right to confront the witnesses against them.
5)  The right to compulsory process to obtain witnesses in their favor.
6)  The right to have the effective assistance of counsel for their defense at trial.
7)  The right to appeal.
8)  The right to present any defense on their behalf.
NOTE: Unlike adult offenders who are entitled to a trial in front of a jury of their peers, a minor prosecuted in juvenile
court is only entitled to a bench trial with the judge taking on the dual role of both judge and jury.

Arrest of a Juvenile - In some cases involving minor criminal offenses committed by a child, the police may
issue a notice to appear instead of arresting the child.  If the child is arrested, they are not taken to the County Jail, but
are instead transported to the Juvenile Assessment Center where they are processed. The police and the facility are
required to attempt to contact the child's parent or guardian as soon as practical after an arrest.  

Orange County Juvenile Assessment Center is located at 823 W Central Boulevard, Orlando, Florida, and their
phone number is (407) 836-8800.

Osceola County Juvenile Assessment Center is located at 2330 New Beginnings Road, Kissimmee, FL 34744, and
their phone number is (407) 943-3055 Ext 135 or 100.

Seminole County Juvenile Assessment Center is located at 181 Bush Loop, Sanford, Florida, and their phone
number is (407) 665-2400.

Arrest Records - the arrest record of the child are confidential and not accessible to the general public, unlike an
adult.  

Detention & Release - Once the child is processed, they may be released back to the custody of their parents in
certain cases.  In other cases, involving more serious offenses the child will be transported to the County Juvenile
Detention Center.   This center is similar to the Jail in many respects but is designed for children so that there is no
contact with adult offenders.  

If the child is detained they will be seen by a Judge at a first appearance hearing within 24 hours, and the Judge will
determine whether they should remain detained or be released to the Parent or Guardian.  Parents or Guardians
should make every effort to be present when the child is brought before the Judge at this hearing.   To learn more
about the Juvenile Detention Facilities in Orange, Osceola and Seminole County, please visit the following links:

Orange County Regional Juvenile Detention Center

Osceola County Regional Juvenile Detention Center

Seminole County Regional Juvenile Detention Center

Discovery - A juvenile has the same rights as an adult in regards to discovery, and the defense can obtain copies
of or view the evidence the State intends to use at trial.  In Felony cases this included the right to depose any State
witnesses.

Defense - Juveniles can use the same defenses available to adults.

Trial - a child is subject to a trial before a judge instead of a jury of their peers.   

Penalties - Juvenile Court can range from a Judicial Warning to the Commitment of the child to a Juvenile Center
or Program.  In addition to these immediate penalties, many professions and schools require full disclosure of both
juvenile records, affecting future opportunities throughout their lives.  In certain cases, depending on the age and
severity of the crime, the State Attorney's Office may decide to charge the crime in adult court, subjecting the Juvenile
to adult sanctions, including jail or prison time.  

The following Florida Statutes provide some more information on the Juvenile Justice System:

Florida Statute 985.101 - Taking a child into custody.
(1) A child may be taken into custody under the following circumstances:

(a) Pursuant to an order of the circuit court issued under this chapter, based upon sworn testimony, either before or
after a petition is filed.

(b) For a delinquent act or violation of law, pursuant to Florida law pertaining to a lawful arrest. If such delinquent act
or violation of law would be a felony if committed by an adult or involves a crime of violence, the arresting authority
shall immediately notify the district school superintendent, or the superintendent’s designee, of the school district
with educational jurisdiction of the child. Such notification shall include other education providers such as the Florida
School for the Deaf and the Blind, university developmental research schools, and private elementary and secondary
schools. The information obtained by the superintendent of schools pursuant to this section must be released within
48 hours after receipt to appropriate school personnel, including the principal of the child’s school, or as otherwise
provided by law. The principal must immediately notify the child’s immediate classroom teachers. Information
provided by an arresting authority under this paragraph may not be placed in the student’s permanent record and
shall be removed from all school records no later than 9 months after the date of the arrest.

(c) By a law enforcement officer for failing to appear at a court hearing after being properly noticed.

(d) By a law enforcement officer who has probable cause to believe that the child is in violation of the conditions of
the child’s probation, home detention, postcommitment probation, or conditional release supervision; has
absconded from nonresidential commitment; or has escaped from residential commitment.
Nothing in this subsection shall be construed to allow the detention of a child who does not meet the detention
criteria in part V.

(2) Except in emergency situations, a child may not be placed into or transported in any police car or similar vehicle
that at the same time contains an adult under arrest, unless the adult is alleged or believed to be involved in the
same offense or transaction as the child.

(3) When a child is taken into custody as provided in this section, the person taking the child into custody shall
attempt to notify the parent, guardian, or legal custodian of the child. The person taking the child into custody shall
continue such attempt until the parent, guardian, or legal custodian of the child is notified or the child is delivered to a
juvenile probation officer under ss. 985.14 and 985.145, whichever occurs first. If the child is delivered to a juvenile
probation officer before the parent, guardian, or legal custodian is notified, the juvenile probation officer shall
continue the attempt to notify until the parent, guardian, or legal custodian of the child is notified. Following
notification, the parent or guardian must provide identifying information, including name, address, date of birth, social
security number, and driver’s license number or identification card number of the parent or guardian to the person
taking the child into custody or the juvenile probation officer.

(4) Taking a child into custody is not an arrest except for the purpose of determining whether the taking into custody
or the obtaining of any evidence in conjunction therewith is lawful.

Florida Statute 985.033 - Right to counsel.
(1) A child is entitled to representation by legal counsel at all stages of any delinquency court proceedings under
this chapter. If the child and the parents or other legal guardian are indigent and unable to employ counsel for the
child, the court shall appoint counsel under s. 27.52. Determination of indigence and costs of representation shall be
as provided by ss. 27.52 and 938.29. Legal counsel representing a child who exercises the right to counsel shall be
allowed to provide advice and counsel to the child at any time subsequent to the child’s arrest, including prior to a
detention hearing while in secure detention care. A child shall be represented by legal counsel at all stages of all
court proceedings unless the right to counsel is freely, knowingly, and intelligently waived by the child. If the child
appears without counsel, the court shall advise the child of his or her rights with respect to representation of court-
appointed counsel.

(2) This section does not apply to transfer proceedings under s. 985.441(3), unless the court sets a hearing to
review the transfer.

(3) If the parents or legal guardian of an indigent child are not indigent but refuse to employ counsel, the court shall
appoint counsel pursuant to s. 27.52 to represent the child at the detention hearing and until counsel is provided.
Costs of representation are hereby imposed as provided by ss. 27.52 and 938.29. Thereafter, the court shall not
appoint counsel for an indigent child with nonindigent parents or legal guardian but shall order the parents or legal
guardian to obtain private counsel. A parent or legal guardian of an indigent child who has been ordered to obtain
private counsel for the child and who willfully fails to follow the court order shall be punished by the court in civil
contempt proceedings.

(4) An indigent child with nonindigent parents or legal guardian may have counsel appointed pursuant to s. 27.52 if
the parents or legal guardian have willfully refused to obey the court order to obtain counsel for the child and have
been punished by civil contempt and then still have willfully refused to obey the court order. Costs of representation
are hereby imposed as provided by ss. 27.52 and 938.29.

(5) Notwithstanding any provision of this section or any other law to the contrary, if a child is transferred for criminal
prosecution pursuant to this chapter, a nonindigent or indigent-but-able-to-contribute parent or legal guardian of the
child pursuant to s. 27.52 is liable for necessary legal fees and costs incident to the criminal prosecution of the child
as an adult.

Florida Statute 985.255 - Detention criteria; detention hearing.
(1) Subject to s. 985.25(1), a child taken into custody and placed into nonsecure or home detention care or detained
in secure detention care prior to a detention hearing may continue to be detained by the court if:

(a) The child is alleged to be an escapee from a residential commitment program; or an absconder from a
nonresidential commitment program, a probation program, or conditional release supervision; or is alleged to have
escaped while being lawfully transported to or from a residential commitment program.

(b) The child is wanted in another jurisdiction for an offense which, if committed by an adult, would be a felony.

(c) The child is charged with a delinquent act or violation of law and requests in writing through legal counsel to be
detained for protection from an imminent physical threat to his or her personal safety.

(d) The child is charged with committing an offense of domestic violence as defined in s. 741.28 and is detained as
provided in subsection (2).

(e) The child is charged with possession or discharging a firearm on school property in violation of s. 790.115.

(f) The child is charged with a capital felony, a life felony, a felony of the first degree, a felony of the second degree
that does not involve a violation of chapter 893, or a felony of the third degree that is also a crime of violence,
including any such offense involving the use or possession of a firearm.

(g) The child is charged with any second degree or third degree felony involving a violation of chapter 893 or any
third degree felony that is not also a crime of violence, and the child:

1. Has a record of failure to appear at court hearings after being properly notified in accordance with the Rules of
Juvenile Procedure;

2. Has a record of law violations prior to court hearings;

3. Has already been detained or has been released and is awaiting final disposition of the case;

4. Has a record of violent conduct resulting in physical injury to others; or

5. Is found to have been in possession of a firearm.

(h) The child is alleged to have violated the conditions of the child’s probation or conditional release supervision.
However, a child detained under this paragraph may be held only in a consequence unit as provided in s. 985.439. If
a consequence unit is not available, the child shall be placed on home detention with electronic monitoring.

(i) The child is detained on a judicial order for failure to appear and has previously willfully failed to appear, after
proper notice, for an adjudicatory hearing on the same case regardless of the results of the risk assessment
instrument. A child may be held in secure detention for up to 72 hours in advance of the next scheduled court hearing
pursuant to this paragraph. The child’s failure to keep the clerk of court and defense counsel informed of a current
and valid mailing address where the child will receive notice to appear at court proceedings does not provide an
adequate ground for excusal of the child’s nonappearance at the hearings.

(j) The child is detained on a judicial order for failure to appear and has previously willfully failed to appear, after
proper notice, at two or more court hearings of any nature on the same case regardless of the results of the risk
assessment instrument. A child may be held in secure detention for up to 72 hours in advance of the next scheduled
court hearing pursuant to this paragraph. The child’s failure to keep the clerk of court and defense counsel informed
of a current and valid mailing address where the child will receive notice to appear at court proceedings does not
provide an adequate ground for excusal of the child’s nonappearance at the hearings.

(2) A child who is charged with committing an offense of domestic violence as defined in s. 741.28 and who does
not meet detention criteria may be held in secure detention if the court makes specific written findings that:

(a) Respite care for the child is not available.

(b) It is necessary to place the child in secure detention in order to protect the victim from injury.
The child may not be held in secure detention under this subsection for more than 48 hours unless ordered by the
court. After 48 hours, the court shall hold a hearing if the state attorney or victim requests that secure detention be
continued. The child may continue to be held in detention care if the court makes a specific, written finding that
detention care is necessary to protect the victim from injury. However, the child may not be held in detention care
beyond the time limits set forth in this section or s. 985.26.

(3)(a) A child who meets any of the criteria in subsection (1) and who is ordered to be detained under that
subsection shall be given a hearing within 24 hours after being taken into custody. The purpose of the detention
hearing is to determine the existence of probable cause that the child has committed the delinquent act or violation of
law that he or she is charged with and the need for continued detention. Unless a child is detained under paragraph
(1)(d) or paragraph (1)(e), the court shall use the results of the risk assessment performed by the juvenile probation
officer and, based on the criteria in subsection (1), shall determine the need for continued detention. A child placed
into secure, nonsecure, or home detention care may continue to be so detained by the court.

(b) If the court orders a placement more restrictive than indicated by the results of the risk assessment instrument,
the court shall state, in writing, clear and convincing reasons for such placement.

(c) Except as provided in s. 790.22(8) or in s. 985.27, when a child is placed into secure or nonsecure detention
care, or into a respite home or other placement pursuant to a court order following a hearing, the court order must
include specific instructions that direct the release of the child from such placement no later than 5 p.m. on the last
day of the detention period specified in s. 985.26 or s. 985.27, whichever is applicable, unless the requirements of
such applicable provision have been met or an order of continuance has been granted under s. 985.26(4).

Florida Statute 985.35 - Adjudicatory hearings; withheld adjudications; orders of adjudication.
(1) The adjudicatory hearing must be held as soon as practicable after the petition alleging that a child has
committed a delinquent act or violation of law is filed and in accordance with the Florida Rules of Juvenile Procedure;
but reasonable delay for the purpose of investigation, discovery, or procuring counsel or witnesses shall be granted.
If the child is being detained, the time limitations in s. 985.26(2) and (3) apply.

(2) Adjudicatory hearings shall be conducted without a jury by the court, applying in delinquency cases the rules of
evidence in use in criminal cases; adjourning the hearings from time to time as necessary; and conducting a
fundamentally fair hearing in language understandable, to the fullest extent practicable, to the child before the court.

(a) In a hearing on a petition alleging that a child has committed a delinquent act or violation of law, the evidence
must establish the findings beyond a reasonable doubt.

(b) The child is entitled to the opportunity to introduce evidence and otherwise be heard in the child’s own behalf
and to cross-examine witnesses.

(c) A child charged with a delinquent act or violation of law must be afforded all rights against self-incrimination.
Evidence illegally seized or obtained may not be received to establish the allegations against the child.

(3) If the court finds that the child named in a petition has not committed a delinquent act or violation of law, it shall
enter an order so finding and dismissing the case.

(4) If the court finds that the child named in the petition has committed a delinquent act or violation of law, it may, in
its discretion, enter an order stating the facts upon which its finding is based but withholding adjudication of
delinquency.

(a) Upon withholding adjudication of delinquency, the court may place the child in a probation program under the
supervision of the department or under the supervision of any other person or agency specifically authorized and
appointed by the court. The court may, as a condition of the program, impose as a penalty component restitution in
money or in kind, community service, a curfew, urine monitoring, revocation or suspension of the driver’s license of
the child, or other nonresidential punishment appropriate to the offense, and may impose as a rehabilitative
component a requirement of participation in substance abuse treatment, or school or other educational program
attendance.

(b) If the child is attending public school and the court finds that the victim or a sibling of the victim in the case was
assigned to attend or is eligible to attend the same school as the child, the court order shall include a finding
pursuant to the proceedings described in s. 985.455, regardless of whether adjudication is withheld.

(c) If the court later finds that the child has not complied with the rules, restrictions, or conditions of the community-
based program, the court may, after a hearing to establish the lack of compliance, but without further evidence of the
state of delinquency, enter an adjudication of delinquency and shall thereafter have full authority under this chapter to
deal with the child as adjudicated.

(5) If the court finds that the child named in a petition has committed a delinquent act or violation of law, but elects
not to proceed under subsection (4), it shall incorporate that finding in an order of adjudication of delinquency entered
in the case, briefly stating the facts upon which the finding is made, and the court shall thereafter have full authority
under this chapter to deal with the child as adjudicated.

(6) Except as the term “conviction” is used in chapter 322, and except for use in a subsequent proceeding under
this chapter, an adjudication of delinquency by a court with respect to any child who has committed a delinquent act
or violation of law shall not be deemed a conviction; nor shall the child be deemed to have been found guilty or to be
a criminal by reason of that adjudication; nor shall that adjudication operate to impose upon the child any of the civil
disabilities ordinarily imposed by or resulting from conviction or to disqualify or prejudice the child in any civil service
application or appointment, with the exception of the use of records of proceedings under this chapter as provided in
s. 985.045(4).

(7) Notwithstanding any other provision of law, an adjudication of delinquency for an offense classified as a felony
shall disqualify a person from lawfully possessing a firearm until such person reaches 24 years of age.

Florida Statute 741.24 - Civil action against parents; willful destruction or theft of property by minor.
(1) Any municipal corporation, county, school district, or department of Florida; any person, partnership, corporation,
or association; or any religious organization, whether incorporated or unincorporated, shall be entitled to recover
damages in an appropriate action at law, in a court of competent jurisdiction, from the parents of any minor under the
age of 18 years, living with the parents, who maliciously or willfully destroys or steals property, real, personal, or
mixed, belonging to such municipal corporation, county, school district, department of the state, person, partnership,
corporation, association, or religious organization.

(2) The recovery shall be limited to the actual damages in addition to taxable court costs.

_________________________________________________

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criminal defense attorney and Winter Park criminal lawyer about your situation or to schedule a Free Initial
Consultation.  The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
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Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
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