Juvenile Defense in West Palm Beach
When a child is arrested in Florida, the process differs from an adult criminal case, but the consequences can be just as serious. A delinquency adjudication can affect a young person’s education, employment, housing, and future in ways that extend well beyond any sentence imposed. Getting the right representation early matters.
If your child has been arrested or charged with a delinquent act in South Florida, call Jeacoma Law today for a confidential consultation.
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- JUVENILE JUSTICE IN FLORIDA
How the Juvenile System Works in Florida
Florida’s juvenile justice system is governed by Chapter 985, Fla. Stat. The system balances community safety with rehabilitation and operates separately from the adult criminal courts. The Department of Juvenile Justice and the juvenile division of the circuit court handle cases.
When a juvenile is taken into custody, the process moves quickly. A child placed in detention must receive a detention hearing within 24 hours, during which the court determines whether there is probable cause and whether continued detention is necessary. A child generally cannot be held in detention for more than 21 days unless the adjudicatory hearing has begun, though the court can extend detention in certain cases. If the child is detained and a petition is filed, arraignment must occur within 48 hours of the petition’s filing. From there, the case may proceed through a civil citation or diversion program, or the court may file a formal delinquency petition.
If a petition is filed, the case proceeds to an adjudicatory hearing, which is similar to a bench trial. There is no jury. The judge decides whether the juvenile committed the alleged act. If the juvenile is adjudicated delinquent, the court then holds a disposition hearing to determine the appropriate consequence.
Transfer to Adult Court
- Direct file:The State Attorney can file charges directly in adult court. For a child who was 14 or 15, direct file is limited to serious felonies. For a child who was 16 or 17, the State Attorney has broad discretion to direct file whenever the public interest requires adult sanctions. Florida has no reverse waiver, so there is no way to ask a judge to send a direct-filed case back to juvenile court.
- Judicial waiver:A transfer ordered by the juvenile judge after a hearing. The State Attorney can seek a waiver for any child 14 or older, and a waiver is mandatory for certain children with a prior violent felony adjudication who are charged with a new violent crime.
- Indictment:A grand jury may indict a child of any age for an offense punishable by death or life imprisonment.
Possible Dispositions
Why Early Intervention Matters
Your Child’s Record
Juvenile records in Florida are not permanent like adult records, but they are not invisible either. A child who successfully completes a civil citation or diversion program for a misdemeanor can apply to have the arrest record expunged. For other juvenile records, the state criminal history is generally expunged automatically at age 21, or at age 26 for a child classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility, unless the person is charged with certain offenses as an adult. A person eligible for expunction at 21 can also apply early, between the ages of 18 and 21.
Those protections depend on how the case resolves. A diversion outcome, a withhold, or a dismissal protects the record far better than an adjudication, which is why early decisions in a juvenile case matter so much.
Talk to a Juvenile Defense Attorney
A charge in juvenile court is not something to handle without proper legal representation. The decisions made in the early stages of a juvenile case can significantly shape the outcome and the child’s future.
Andrew Jeacoma works directly with parents from the first call, explaining each step of the process and what is at stake, and advocates for diversion and the least restrictive outcome whenever the case allows. Call (561) 603-2203 for a confidential consultation. Andrew Jeacoma serves clients throughout South Florida, including Palm Beach, Martin, and St. Lucie counties.
- Protect Your Future