Criminal Defense Over 12 Years' Experience Protecting Your Rights

Juvenile Justice Process

What to Expect During the Juvenile Justice Process

Criminal offenses committed by a person under 18 years of age are handled by the Juvenile Justice System. Florida separates juvenile offenders from adult offenders in efforts to rehabilitate rather than punish. However, if your child is suspected to have engaged in criminal conduct law enforcement can interview him or her.

Once a law enforcement agency charges a juvenile with a law violation, depending on the seriousness of the crime the next step may be:

  • Take the juvenile to a Juvenile Assessment Center (JAC) for intake screening to assess their risks to the community and determine if detention is necessary
  • Call an “on call screener” to determine if detention is necessary if the JAC is not within the locality
  • Release the juvenile to a parent or guardian and forward the charges to the clerk of court and Department Of Juvenile Justice Probation Office
  • Release the juvenile to a parent or guardian with a referral to a diversion program

Detention Hearing

If the juvenile is held in a detention center, there will be a detention hearing within 24 hours of arrest. At the hearing the judge will determine whether to release the juvenile defendant and if any conditions need to be put in place. If there was a victim involved in the incident, the judge may order the defendant to have “no contact” with the victim.

Detention

  • Juveniles may be placed in a secure detention facility while awaiting court disposition
  • Juveniles may be confined for up to 21 days
  • If a juvenile violates a court order sanction they may be detained longer

State Attorney Investigatory Process

The Office of the State Attorney will receive the formal complaint affidavit from the law enforcement agency. Upon receipt, an Assistant State Attorney will review the case and determine if there is sufficient evidence to file a “petition” or formal charges. In some circumstances the State Attorney will not file formal charges and a “no petition” is filed. However, in some cases after a petition has been filed, new evidence arises, and the State Attorney may decide to no longer prosecute the case and a “nolle prosequi” is filed.

If either a “no petition” or “nolle prosequi” is filed, the case is closed. However, the juvenile will still have an arrest record which may be sealed/expunged.

Diversion-/Non-Judicial Intervention

  • Diversion is a form of non-judicial handling of a criminal case. A juvenile may receive help through a diversion program rather than going through the judicial process.
  • Upon successful completion of the diversion program, no further court action will be pursued, and the juvenile may qualify to have his or her record SEALED/EXPUNGED.
  • If the diversion program is not completed successfully, the State Attorney may file formal charges with Juvenile Court

Arraignment

Once a petition has been filed, the juvenile defendant is entitled to an arraignment. At this hearing, the defendant is notified of the charges against him or her. If the juvenile defendant has not already hired an attorney, the judge will determine if one is needed. The juvenile defendant, or their attorney, will enter a plea of guilty, not guilty or no contest to the charges. If a plea of not guilty is entered, then the case will proceed. If a plea of guilty or no contest is entered, the defendant may be sentenced or the case may be set for a disposition hearing.

Adult Court

The law may require that certain felony offenses are to be heard in Adult Court. The juvenile case may be sent to the Circuit Criminal Division either by “direct file,” “waiver,” or “indictment.” It is possible that the juvenile will be tried as an adult for the offense and subject to adult sentencing.

Under some circumstances, a juvenile may be adjudicated guilty in Adult Court but sentenced to Department of Juvenile Justice.

Adjudicated vs. Adjudication Withheld

If a juvenile has been “adjudicated” of an offense, then the judge has ruled that he or she has committed a delinquent act or violation of law and is adjudicated delinquent.

If a juvenile has “adjudication withheld” then a judge has concluded that the juvenile has committed a delinquent act or violation, but that a formal pronouncement of delinquency should be withheld.

A juvenile will have a delinquency record and a record of his or her arrest regardless of whether or not he or she is “adjudicated” or if “adjudication is withheld.” Click here to find out how to have this record sealed or expunged.

Conviction vs. Delinquency

A conviction only applies to a juvenile who has been tried and convicted or has pled guilty in Adult Court.

If a juvenile has pled guilty or is found to be guilty as a juvenile, in Juvenile Court, it is an adjudication of delinquency and is not a conviction. Florida Statute 985.35(6).

Our Jacksonville criminal defense attorneys do everything possible to ensure your rights and freedoms are protected. Call (904) 615-8950 now to schedule your consultation.

Our Clients Share Their Experience

  • “I cannot express my or my daughter's thankfulness for such a skilled lawyer!”

    John
  • “She was dedicated to my case, always kept me informed each step of the way, and genuinely cared about the outcome.”

    Ray
  • “As all the reviews say Kate and her team are fantastic.”

    T.P.
  • “Thank you Kate for all your hard work on this project and the many other contracts I have brought to you or needed you to create!”

    Kathee
  • “I highly recommend that if you need an attorney - call Kate!!!”

    Vicky
  • “I could not be more satisfied with the outcome.”

    Former Client
  • “Kate and her team will get it done”

    Vicky Zelen Jacksonville, FL
  • “Kate is an amazing Lawyer. The biggest quality of her is listening and understanding.”

    Moitreyi
  • “She is expert and she is not a stranger to hard work.”

    Brad
  • “Thanks to Kate, my charges were reduced and my case was sealed.”

    Former Client
  • “I am so pleased that Kate was my attorney who got me the best possible outcome I was hoping for!”

    Former Client
  • “Their legal knowledge helped to develop the best strategy to win.”

    Mike
  • “She responded promptly to inquiries and had an excellent knowledge of the issues. I highly recommend Kate.”

    Mike
  • “Thoughtful, Caring, and Timely”

    Former Client
  • “Kate is one of a kind! Her ethics, drive, expertise and support was impressive and reassuring to both my son and myself.”

    Cynthia

A Jacksonville Firm You Can Trust

Our attorneys will be your guides through this uncomfortable and stressful time. Fill out our secure online form or call (904) 615-8950 to get started.
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.