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Common Legal Strategies Used in Juvenile Crime Cases
Getting the call that your child has been arrested is a terrifying experience. The truth is that the legal system is out of your control, and your child’s future hangs in the balance. The one thing you can do is make sure your child has a defense attorney with extensive experience in juvenile crimes. At George Reres Law, PA, we understand what’s at stake in these cases, and we fight for your child’s rights and future. Below are some potential strategies we often use in juvenile defense cases. Contact our office to schedule a consultation and learn more about how we can help with your case.
Arguing Lack of Intent
Many children don’t understand the full weight of the actions and aren’t able to anticipate the consequences of their behavior. This is one reason why the court system is set up to handle juvenile crimes separately from adult offenses. Many criminal charges require that the defendant had the intent to commit a crime and acted knowingly and intentionally. If a defense attorney can successfully argue that the child did not intend to commit a crime or that it happened accidentally, such as in the case of an accidental shoplifting or assault case, it may be possible to have the charges dropped or adjudicated not delinquent.
Questioning the Police Procedures
Just because a defendant is a minor doesn’t mean they don’t have rights. There are strict rules for when and how officers can question minors and what constitutes a lawful search and seizure. If these rules weren’t followed, a defense attorney can request that any evidence obtained or any statement given be suppressed. This means they can’t be used as evidence in court. Suppose an officer stops your child on the street and searches their backpack without a warrant or probable cause. The officer finds a controlled substance inside. This evidence may not be admissible if the officer didn’t follow proper procedure, which could lead to the dismissal of drug possession charges.
Demonstrating Strong Community Ties and Character
Whether your child serves time could depend on their community involvement and what people say about their character. Minors who are doing well in school, have a stable home environment, and otherwise have clean records can often get more lenient sentences even if they’re adjudicated guilty. Even a child with a previous arrest may avoid detention if they can show that they’re putting forth effort, such as by participating in counseling sessions or doing community service work.
Your attorney may ask for letters from teachers, youth group leaders, or other adults who know your child and can speak to their character. An attorney can use this to argue that your child made a mistake out of character and that they deserve a second chance.
Keeping the Case in Juvenile Court
Many parents think that as long as their child is under 18, they will remain in the juvenile court system, but this isn’t always true. If a child is 14 or older, the case can be transferred to adult court. While this process is usually reserved for more serious charges, such as violent felonies, a child 16 or older can technically be tried in adult court for any felony.
The juvenile and adult court systems are set up differently in Florida. The juvenile system is focused on rehabilitation, while the adult system is focused on punishment. Keeping your child’s case in juvenile court can protect them from some of the harshest consequences of a criminal conviction and give them a stronger chance at a better future.
While defense attorneys can’t challenge a direct file to adult court if a prosecutor chooses to use this option, other avenues exist, such as a grand jury indictment or a waiver motion. If the prosecutor makes a waiver motion, the defense attorney can argue that the child’s case should stay in juvenile court.
Pursuing Deferred Prosecution
In Florida, deferred prosecution programs offer juvenile offenders a way to avoid a criminal conviction on their record and a chance at rehabilitation. Deferred prosecution means that the entire case is put on hold, and the defendant gets an opportunity to complete specific requirements. If they do so, the charges are dismissed. If not, the case goes back to the court system to be adjudicated.
Deferred prosecution programs are usually reserved for first-time, nonviolent offenders, and the state attorney generally needs to agree to the defendant’s placement in the program. What a deferred prosecution program entails depends on the nature of the charge, but standard requirements include making restitution to the victim, performing community service, and participating in applicable treatment services, such as counseling or substance abuse programs.
Exploring Sealing and Expungement Options
Many people mistakenly believe that juvenile criminal records are automatically sealed when the child turns 18, but this isn’t always the case. While most records go away once the person has turned 21, some information remains. This includes if the juvenile was sent to a correctional facility, including either adult or juvenile, and if they committed serious offenses, such as violent felonies or sexual crimes.
Depending on the circumstances of your child’s arrest and whether they were adjudicated guilty, it can still be beneficial for them to apply for their record to be expunged, which seals their record. This can remove some barriers in adulthood, such as if they wish to work in law enforcement or a career requiring a professional license.
If your child has been accused of a crime, you need experienced legal counsel now. Call George Reres Law, PA, at 954-543-1186 to speak to an attorney.
