Answering Your Frequently Asked Questions About Juvenile Crimes
It can be incredibly difficult and overwhelming to learn that your child is in trouble with the law and you probably have a lot of questions about what happens next. My name is Adam Chrzan, and I founded my Vero Beach law firm to help families in my Florida community.
In over 20 years of legal experience, I have seen firsthand how these situations impact families. Here, I answer some of the questions I am most commonly asked. If you still have questions about your specific situation, I offer free initial consultations.
In Florida, what qualifies as a juvenile offense?
In Florida, a juvenile offense refers to any act committed by someone under the age of 18 that would be considered a crime if committed by an adult. The state’s juvenile justice system handles these cases separately from the adult criminal court system.
This separate system focuses more on rehabilitation and supervision rather than strict punishment, aiming to help young people get back on track. However, these offenses are still serious, and they can carry significant consequences for a young person’s life.
What are the most common juvenile crimes in Florida?
Young people in Florida sometimes face charges for a variety of offenses. Common juvenile crimes include:
- Property offenses: Minor property offenses, such as shoplifting or vandalism, are common.
- Assault: Simple assault or battery crimes might arise from fights at school or misunderstandings among peers
- Drug crimes: Drug-related offenses, like possession of marijuana or other controlled substances, are common.
- Driving offenses: Driving offenses, such as reckless driving or driving without a valid license, regularly lead to juvenile charges.
While these might seem like minor incidents, each one has the potential for serious repercussions.
Can a juvenile be charged as an adult in Florida? If so, when?
Yes, Florida law allows a juvenile to face charges as an adult in certain circumstances. Prosecutors generally pursue this for serious felony offenses, especially when the juvenile is older, typically 14 or older. Factors that play a role in a prosecutor’s decision include:
- The severity of the crime
- Whether or not a weapon was used
- A juvenile’s prior offense history
- Public safety concerns
For certain crimes, prosecutors can charge the juvenile as an adult, or a judge can decide to transfer a case from juvenile court to adult court after a hearing. When a juvenile is tried as an adult, they face the same potential penalties as an adult.
Will a juvenile record stay sealed in Florida?
Florida law generally treats juvenile records as confidential. This means they are not as readily accessible to the public as adult criminal records. However, this confidentiality does not mean the record automatically stays sealed or disappears forever. Law enforcement agencies, prosecutors and the courts can still access these records.
For serious felony offenses, or if a juvenile later commits another crime as an adult, the juvenile record may become more visible and impactful. While some juvenile records can eventually be expunged or sealed through a formal legal process, it does not happen automatically for all cases and specific criteria must be met.
Can a juvenile be charged with a DUI in Florida?
Yes. Florida has a “zero tolerance” law for underage drivers when it comes to alcohol. This means if a driver under the age of 21 has a blood alcohol content (BAC) of .02% or higher, they face immediate penalties, including driver’s license suspension.
Beyond this specific law, if a juvenile operates a vehicle while impaired by alcohol or drugs to the extent that their normal faculties are affected, they can face the same DUI charges as an adult. The consequences for a juvenile DUI can be severe, impacting their driving privileges, future opportunities and requiring participation in substance abuse education programs.
What are some of the potential consequences for juvenile offenses in Florida?
The Florida juvenile justice system aims for rehabilitation, but consequences can still be significant. Potential outcomes for juvenile offenses include:
- Probation
- Community service hours
- Counseling requirements
- Mandatory participation in diversion programs
- Restitution for damages and losses
In more serious cases, a judge could order placement in a juvenile detention facility or a residential treatment program. Additionally, juvenile offenses can affect future opportunities, such as eligibility for certain college scholarships or professional licenses.
How can an attorney help in a juvenile offense case?
When your child faces a juvenile offense charge, a criminal defense attorney can advise you of your rights and options and guide you through the complex juvenile court system.
In my practice, I will work to understand the specific details of each case, build a strong defense and negotiate with prosecutors to seek the most favorable outcome. This might involve advocating for participation in diversion programs, challenging evidence or arguing for less restrictive sentences like probation or community service instead of detention.
Talk To A Vero Beach Juvenile Defense Lawyer For Free
If you have questions about a juvenile crime case in Florida, I offer a no-obligation, free initial consultation to discuss the facts of your specific situation. To schedule your free appointment, call me at 772-410-3722 or send me a message. I am available to my clients every day of the week and every hour of the day.