When your child is arrested
A child arrested in Florida goes through the juvenile justice system, not the adult system, in most cases. The goal of that system is different, and so are the deadlines. A good outcome often depends on what happens in the first days.
What happens first
- Custody and release. Florida law requires that a child taken into custody be released as soon as reasonably possible, usually to a parent or another responsible adult, unless there is a reason to hold the child.
- Detention hearing within 24 hours. If your child is held in detention, a judge must hold a detention hearing within 24 hours of the child being taken into custody. The judge decides whether the child stays in detention, goes home, or goes home with conditions.
- The filing decision. The State Attorney’s Office decides whether to file a petition in Juvenile Court, offer diversion, or, in some serious cases, charge the child as an adult.
Diversion and citation programs
Many juvenile cases can be resolved without a court record. Florida requires each circuit to run a prearrest delinquency citation program for misdemeanors (it used to be called civil citation), and Broward’s State Attorney lists juvenile options that include diversion, Juvenile Drug Court and other programs. Broward also has Teen Court and Girls Court. A child who completes a diversion program for a misdemeanor or certain non-violent felonies can have the arrest record expunged.
Charging a child as an adult
Florida no longer requires mandatory direct file. Prosecutors may still choose to file adult charges in some cases: for a 14- or 15-year-old charged with one of a list of serious felonies, and for a 16- or 17-year-old charged with a felony when they decide the public interest requires adult sanctions. Whether a case stays in Juvenile Court is one of the most important things a lawyer can affect.
Juvenile records
Florida automatically expunges most juvenile records when the person turns 21, or 26 for serious or habitual offenders. A person 18 to 20 may be able to apply earlier. Records are kept if the person is later charged with or convicted of a forcible felony as an adult. Diversion records can be expunged on completion of the program.
Why a lawyer matters in juvenile cases
- Keeping the child out of detention and in school
- Getting the case into diversion, or keeping it in Juvenile Court
- Challenging how statements were taken from a child and whether a parent was involved
- Protecting the child’s record, college and career options
Juvenile cases often grow out of a party, a school incident or a group of friends. Adam represented the homeowners in the Boca Raton Homecoming party case covered by the Sun Sentinel and HLN; see in the news.
Call Adam
If your child has been arrested, call (954) 294-9372, day or night.
Frequently asked questions
Will my child have a criminal record?
A juvenile adjudication is not an adult conviction, and most juvenile records are automatically expunged at 21. Diversion can avoid an adjudication altogether. The details depend on the charge and the outcome.
Can police question my child without me?
Police may try. Tell the officers that your child will not answer questions without a lawyer, and teach your child to say the same. Call Adam before your child answers any questions about the incident.
How long can my child be held?
A child placed in detention must see a judge within 24 hours. Any further detention requires a court order and has time limits set by law.