The Florida Juvenile Justice System: What Parents Need to Know
Introduction
When a minor is arrested in Florida, they enter the juvenile justice system, which operates differently from the adult criminal system. Parents and guardians often feel overwhelmed and uncertain about what to expect.
This guide explains how the Florida juvenile justice system works, the penalties minors may face, and how an attorney can help protect their future.
How the Juvenile Justice System Differs from the Adult System
Florida law treats juvenile offenders differently than adults because the goal is rehabilitation rather than punishment.
Key differences include:
- Cases are handled in juvenile court, not adult criminal court
- Minors are not given a public criminal record for most offenses
- Sentences often focus on rehabilitation, counseling, and education programs instead of jail time
- Juveniles are referred to as “delinquent” rather than “guilty” if the court finds them responsible
However, Florida has harsh laws for serious offenses, and in some cases, minors can be charged as adults.
Common Juvenile Offenses in Florida
Minors can be charged with a wide range of offenses, including:
- Shoplifting and theft
- Underage drinking or drug possession
- Vandalism and property damage
- Assault and battery
- Weapons charges
- Car theft or joyriding
- Cybercrimes and online harassment
- School-related offenses, such as fights or threats
Some offenses may seem minor, but they can still have long-term consequences if not handled properly.
What Happens After a Juvenile Arrest in Florida?
When a minor is arrested, they typically go through the following process:
1. Detention Hearing
If law enforcement determines that the minor is a risk to public safety, they may be held in secure detention while awaiting a court hearing. Otherwise, they may be released to their parents or guardians.
2. Intake and Assessment
A juvenile probation officer (JPO) evaluates the child’s background, prior offenses, and the severity of the crime to recommend one of the following:
- Diversion programs (for first-time or low-level offenses)
- Probation (with specific conditions)
- Formal court proceedings (for more serious cases)
3. Adjudication Hearing (Juvenile Trial)
Unlike adult trials, juvenile court cases do not have juries. Instead, a judge decides whether the minor should be found delinquent.
- If found not delinquent, the minor is released with no penalties
- If found delinquent, the judge will determine a sentence based on the severity of the crime
Juvenile Sentencing and Punishments in Florida
Juvenile offenders do not receive traditional jail sentences. Instead, the court may order:
- Diversion Programs – First-time offenders may complete community service, counseling, or educational programs instead of facing formal charges
- Probation – The minor must follow specific conditions, such as attending school, obeying curfews, and avoiding criminal activity
- Juvenile Detention – Minors may be placed in a juvenile detention center for a set period
- Commitment to a Juvenile Residential Program – For serious offenses, minors may be placed in a structured residential treatment facility
In extreme cases, the court may transfer the case to adult court, exposing the minor to harsher penalties, including prison time.
When Can a Minor Be Charged as an Adult in Florida?
Florida has some of the strictest laws in the country when it comes to charging minors as adults.
A juvenile can be tried as an adult if:
- They are 14 years or older and charged with a serious felony, such as murder, armed robbery, or sexual battery
- They have a history of repeat offenses
- Prosecutors direct file the case into adult court
Being convicted in adult court can result in a permanent criminal record, which can impact college admissions, employment, and future opportunities.
Expunging a Juvenile Record in Florida
Juvenile records are not automatically erased when a minor turns 18. However, many offenses can be sealed or expunged, meaning they won’t appear on background checks.
Expungement eligibility depends on:
- The severity of the offense
- Whether the minor completed all court-ordered programs
- Whether the minor was adjudicated delinquent
Parents should consult an attorney to determine if their child qualifies for juvenile record expungement.
Defenses for Juvenile Crimes
Every case is different, but common defenses in juvenile cases include:
- Lack of intent or knowledge
- Mistaken identity
- False accusations
- Unlawful search and seizure
- Violation of Miranda rights
A skilled juvenile defense attorney can challenge evidence, negotiate reduced penalties, or seek dismissal of charges.
How a Juvenile Defense Attorney Can Help
If your child is facing criminal charges, hiring an experienced juvenile defense attorney is critical.
An attorney can:
- Fight to prevent the case from being moved to adult court
- Seek diversion programs or probation instead of detention
- Argue for case dismissal or reduced charges
- Work to expunge or seal the minor’s record
At Bonderud Law, we understand the impact a juvenile conviction can have on a young person’s future. We fight aggressively to protect minors and help them move forward with a clean slate. If your child has been arrested, contact us today for a consultation.
Conclusion
The Florida juvenile justice system is designed to rehabilitate rather than punish, but minors still face serious legal consequences if they are convicted of a crime. Understanding the process and seeking legal representation early can make a significant difference in the outcome of a case.
If your child has been charged with a crime in Florida, taking action now can help protect their future. Reach out to an experienced juvenile defense attorney to discuss your options.
