In the state of Florida, juvenile crimes are addressed in a separate legal system designed to rehabilitate rather than punish young offenders. However, it’s important to recognize that juvenile offenses can still carry significant consequences.
At Stechschulte Nell, Attorneys at Law in Tampa, we view every juvenile client’s defense as a major event in the young person’s life, with the potential for serious consequences that may affect their future long after they reach adulthood. If your family member is facing a Florida juvenile prosecution, contact our office today for experienced legal representation.
In Florida, juvenile crimes refer to illegal activities committed by individuals under the age of 18. The state’s legal system for handling juvenile offenses is based on the belief that young offenders have a greater capacity for rehabilitation than adults. As such, the primary focus is on correcting behavior and providing necessary support and guidance.
However, it’s crucial to understand that prosecutions of juvenile offenses can result in the young person’s referral to a diversion program or, in some cases, the court ordering them to be incarcerated in a juvenile detention facility.
Penalties for Juvenile Crimes
The penalties for juvenile crimes in Florida can vary widely based on several factors, including the nature of the offense, the age of the offender, and their previous criminal history. In Florida, programs have been established to provide juvenile offenders with the services they need to address any issues that may have led to their illegal behavior.
However, when a juvenile displays repetitive criminal conduct or commits a violent offense in which someone is seriously injured, more severe measures are implemented to protect the community and to punish the conduct. While rehabilitative programs are still available in juvenile detention, the young person’s confinement can be a devastating experience.
Diversion Programs
Hillsborough County and Pinellas County offer a number of diversion programs as an alternative to formal court proceedings for certain minor offenses committed by juveniles. These programs are part of the Juvenile Arrest Avoidance Program (JAAP) and are designed to address underlying issues and prevent further involvement in the criminal justice system. Successful completion of a diversion program can result in the charges being dropped.
Juvenile Probation
For more serious offenses or repeat offenders, a juvenile found guilty of the offense may be placed on probation. Juvenile probation will include restrictions on the young person’s freedom of movement and require that they comply with any conditions imposed by the court. In most cases, the juvenile is required to attend some type of counseling to help them overcome or cope with any issue troubling them. It may involve mental health counseling, substance abuse counseling, trauma recovery counseling, or other specialized attention. Probation also requires regular supervision by a probation officer, adherence to specific rules, performing community service, attending school, or obeying a curfew.
Probation violations can result in more restrictive rules and serious or persistent violations may lead to the juvenile being detained in a juvenile facility.
Residential Commitment
In more serious cases, a juvenile court judge may order residential commitment. This involves placing the juvenile in a secure residential facility where they receive intensive treatment and counseling. Residential commitment is typically reserved for the most serious and repeat offenders.
Juveniles who are deemed a risk to public safety or have committed severe offenses are those most likely to face this consequence. The offenses for which detention is considered appropriate include conduct that would be felonies if committed by an adult. Crimes involving violence resulting in serious injury, crimes committed with firearms, and sexual assaults are all offenses for which a court would consider ordering the young person to a detention center.
Another consideration that could lead to a detention order is repeated offenses or offenses committed while the juvenile is still under a previous court sanction.
Adult Prosecution
For exceptionally serious offenses or older juveniles who are close to turning 18, the state may choose to transfer the case to adult court. If the offense is one that carries a penalty of either death or life in prison if committed by an adult, the juvenile will be prosecuted as an adult and sentenced as an adult.
If the juvenile is not convicted of the crime carrying the life sentence but is convicted of a lesser offense, the court may sentence the young person either as an adult or impose juvenile sanctions.
Transfer to adult court is not automatic and requires a hearing to assess whether it is warranted. The court considers factors such as the seriousness of the offense, the juvenile’s criminal history, and the potential for rehabilitation.
Experienced Juvenile Crime
The defense of juvenile offenders charged with criminal conduct requires a comprehensive knowledge of the special procedures and available services that apply in Florida’s juvenile justice system. While some juveniles may be prosecuted as adults, your defense lawyer must possess a deep understanding of how the law applies to young offenders. There are many defense strategies that will benefit a youthful offender that will not be effective in an adult prosecution.
If your family needs the services of an experienced juvenile crime defense lawyer, contact Stechschulte Nell, Attorneys at Law in Tampa today. Call 813-280-1244
