Punta Gorda Juvenile Crime Defense Lawyers
Little else has the potential for wreaking such a profound impact on a young person’s life and their family’s future than juvenile crime allegations. With over 45 years of experience as former prosecutors and defense counsel in Florida, our Punta Gorda criminal defense attorneys at Foley & Wilson Law Firm bring a deep understanding of the criminal justice system to every case. We are dedicated to providing the highest level of professional representation, treating every client with the dignity and respect they deserve. Get the help your child needs for the best shot at a brighter future. Contact our experienced and dedicated Punta Gorda juvenile crimes defense lawyers today.
Understanding the Juvenile Justice System
The juvenile justice system in Florida operates with different goals and philosophies compared to the adult criminal justice system. While the adult system focuses primarily on punishment and deterrence, the juvenile system is designed with rehabilitation and the best interests of the minor in mind. The aim is to guide young offenders toward a productive and law-abiding future rather than simply penalize them for their actions.
Juvenile crimes can be broadly categorized into status offenses and criminal offenses. Status offenses are activities considered illegal solely because they are committed by minors. These actions would not be crimes if committed by adults. Common examples of status offenses include:
- Truancy
- Running away from home
- Underage drinking
- Curfew violations
- Disobeying parental authority
Additionally, juveniles can also be arrested for actions that are considered crimes regardless of the offender’s age. These offenses are generally more serious and can lead to significant legal consequences. Examples of criminal charges most frequently leveled against juveniles include:
- Theft
- Assault and battery
- Drug possession or distribution
- Vandalism
- Burglary
The Juvenile Arrest Process
When a juvenile is arrested in Florida, the process differs from the adult criminal process. Here is an overview of what typically happens:
- Arrest and Detention: The juvenile is taken into custody by law enforcement. Depending on the severity of the alleged offense, the minor may be released to their parents or detained in a juvenile detention facility.
- Intake: The case is referred to the Department of Juvenile Justice (DJJ), where an intake officer reviews the details and determines the appropriate course of action.
- Detention Hearing: If the juvenile is detained, a detention hearing must be held within 24 hours to decide if continued detention is necessary.
- Arraignment: The juvenile appears in court to hear the charges and enter a plea. This step may involve the assistance of a defense attorney.
- Adjudication: If the case goes to trial, it will be heard by a judge, not a jury. The judge will determine whether the juvenile is delinquent based on the evidence presented.
- Disposition: If found delinquent, the judge will decide on an appropriate rehabilitation program or penalty. This could include probation, community service, counseling, or placement in a juvenile facility.
Charging Juveniles as Adults
In some cases, juveniles can be charged as adults in Florida. This typically occurs when the alleged offense is particularly serious, such as violent crimes or repeat offenses. Factors influencing this decision include the juvenile’s age, the nature of the offense, prior criminal history, and the potential for rehabilitation within the juvenile system.
Juveniles aged 14 and older can be transferred to adult court through a process called “direct file.” This decision is made by the prosecutor and can have lifelong consequences for the juvenile involved. Being tried as an adult exposes the minor to the same penalties as an adult, including longer sentences and incarceration in adult facilities. Working with an attorney early in the process can help avoid this situation and keep juvenile matters in the juvenile system whenever possible.
Trust Foley & Wilson Law Firm with Your Juvenile Defense in Punta Gorda
At Foley & Wilson Law Firm, we are committed to protecting the rights and future of young individuals facing juvenile crime allegations. Our experienced legal team provides skilled and compassionate representation, aiming to achieve the best possible outcome for your child’s case. If your child has been arrested or is facing charges, contact us today to schedule a confidential consultation and discuss how we can help.
