South Florida Criminal Defense Lawyers Fight to Protect Minors Facing Criminal Charges
As a parent, your heart sinks when you learn your child is facing criminal charges. Suddenly, their future hangs in the balance. Will they be tried as a juvenile or an adult? The answer to this question can have life-altering consequences.
The juvenile court system in Florida is designed to rehabilitate young offenders, while the adult system focuses more on punishment. Our experienced South Florida criminal defense lawyers understand what your family is facing, and we are available for a free consultation so you can learn more about protecting your child’s rights.
Your Child’s Has Legal Rights in Both Adult and Juvenile Courts
Whether your child’s case is heard in juvenile court or the adult court system, your child has the right to:
- Know the charges against them
- A lawyer
- Confront witnesses
- Protect against self-incrimination
Additionally, your child can only be found guilty and sentenced if prosecutors prove guilt beyond a reasonable doubt.
Critical Differences Between Juvenile and Adult Court
The differences between the juvenile justice system and adult courts in Florida are significant. In juvenile court:
- The focus is on rehabilitation and treatment rather than punishment
- Records are usually sealed, protecting the minor's future opportunities
- Sentences are typically less severe and may include community service, probation, or counseling
- Parents are more involved in the legal process
In contrast, in the regular or adult court system:
- Penalties are more severe and may include lengthy prison sentences
- A conviction can create a permanent criminal record, impacting future education, job, and housing prospects
- The process is more formal and less focused on rehabilitation
- Parents have less involvement and control over the proceedings
Eligibility for Juvenile Court in Florida
In Florida, juvenile court typically handles cases for minors under the age of 18. However, there are some exceptions.
Your child may request to be tried in an adult court.
Florida law also grants prosecutors significant discretion in deciding whether to try a minor as an adult, a process known as "direct filing." Unlike many other states, Florida does not require prosecutors to obtain a judge's consent before transferring a juvenile case to adult court.
Prosecutors can "direct file" a case to adult court if a minor, aged 14 or 15, is accused of committing any of 21 specific felonies, including:
- Arson
- Sexual battery
- Robbery
- Kidnapping
- Armed burglary
- Using or displaying a firearm in the commission of a felony
- Grand theft
- Murder
- Manslaughter
When considering whether to transfer a case to adult court, prosecutors may evaluate factors such as:
- The minor's age
- Prior arrest records
- Previous adjudications or convictions
- The minor's role in the offense
- The severity, nature, and circumstances of the crime
If the prosecutor believes the offense is particularly egregious or that previous attempts at rehabilitation have been unsuccessful, they may choose to "direct file" the case to adult court.
Prosecutors have even more discretion when it comes to minors aged 16 or 17. These juveniles can be tried as adults for any felony offense, regardless of the allegedly committed crime.
It's important to note that the decision is final once a prosecutor decides to "direct file" a juvenile case to adult court. There is no opportunity for a judge to review or overturn the prosecutor's choice. However, a criminal defense lawyer can talk to the prosecutor before a decision is made and can advocate for keeping the case in the juvenile court system when appropriate.
How to Choose a Criminal Defense Lawyer for Your Child
Choosing the right criminal defense lawyer for your child is one of your most important decisions. Here are some key factors to consider:
- Experience. Look for a lawyer who has extensive experience handling criminal cases. You can review some of the diverse cases we’ve handled here.
- Commitment to rehabilitation. You may want a lawyer focused on protecting your child's future and advocating for age-appropriate consequences that prioritize treatment and education.
- Strong communication skills. Your lawyer should be an effective communicator who can explain complex legal concepts in plain language. They should keep you and your child informed at every stage of the process and be responsive to your questions and concerns.
- Dedication to client success. You understandably want a lawyer willing to go above and beyond in their representation and fight tirelessly for your child's future. We invite you to read our client reviews to learn what our clients think about us and to get a better idea of what it’s like to work with us.