What Is Juvenile Delinquency?

What You Need to Know About the Juvenile Court System

As a parent, you do everything you can to protect your child and teach them how they should behave. However, children don’t always follow that instruction or understand that there can be serious legal consequences for their behaviors. When minors act out, it can result in criminal charges and being moved through the juvenile delinquency system. The juvenile court system operates differently from adult court in many ways. Understanding what Florida law says about juvenile delinquency and how these cases are handled can help you be more prepared if your child is charged.

What Actions Fall Under Juvenile Delinquency?

The term juvenile delinquency refers to criminal actions committed by minors. Many people think juvenile crimes are minor or less severe than adult crimes, but the offenses can range from minor infractions to the most serious felonies. Some common juvenile crimes include:

• Shoplifting
• Simple battery
• Trespassing
• Underage drinking
• Drug possession
• Vandalism

Some traffic offenses can also be included in juvenile court, such as driving without a license or driving under the influence of alcohol. However, minors are not exempt from being accused of more serious crimes, which could include illegal use of a firearm, making threats (particularly against schools), aggravated assault, and even murder. 

Any time your child has been accused of a crime, there’s the possibility that they could end up in juvenile court. 

What Are the Differences Between Adult and Juvenile Court?

Adult and juvenile courts differ both in procedure and intention. In most cases, adult court is about punishing offenders for their crimes. In juvenile court, the focus is more on rehabilitation and providing resources that can help juveniles understand the impact of their actions and make different decisions to be more productive members of society. Because juveniles are minors and the court recognizes that they haven’t fully matured yet in their ability to make decisions, juvenile cases also have more privacy protection for those accused. 

Juvenile cases also differ in terms of court procedures. For example, in adult court, defendants have a right to trial by jury for most criminal charges. Juvenile cases, however, are commonly heard only by a judge. The judge looks at all of the evidence and arguments from both sides and makes a final decision on the defendant’s guilt and sentencing. 

When Can Juveniles Be Tried as Adults?

In most cases, a defendant under 18 is charged and tried as a juvenile. However, Florida law does allow for minors to be charged as adults in some cases, depending on their age and the specific charge. This is generally reserved for severe offenses or defendants who are at least 16 years old and have a previous record. A minor who is at least 14 years old can be transferred to adult court for charges including but not limited to:

• Having a weapon during the commission of a felony
• Arson
• Armed burglary
• Grand theft
• Aggravated assault
• Sexual battery
• Kidnapping
• Murder
• Manslaughter

If the offense is a capital felony — meaning it carries a potential sentence of death or life in prison — there is no minimum age at which a minor can be tried as an adult.

If your child has been accused of any of these serious felonies or has a previous criminal record, it’s critical to consult with an attorney as soon as possible. Part of a juvenile defense attorney’s job is to do what they can to keep the case in the juvenile court system, where the potential penalties are less severe.

Are Juvenile Records Automatically Sealed or Expunged?

It’s a common misconception that it “doesn’t really matter” if a juvenile is adjudicated delinquent because the record is sealed when they become an adult. However, this isn’t exactly how it works. Some records are eligible for sealing or expunction, but not all. For example, juvenile records are public if the charge is the equivalent of an adult felony or the minor has three or more convictions. 

It is possible to have eligible records removed or sealed so that your child doesn’t have to have their youthful mistakes following them into their adult life, and a juvenile defense lawyer can help with this. 

How Can I Help My Child Who Has Been Charged With a Crime?

How you respond when your child is accused of breaking the law can impact their case. Here are some suggestions to provide support throughout the process.

Hire an Experienced Juvenile Defense Attorney

The most important thing you can do for your child is to immediately hire a defense attorney who has experience with the juvenile court system. This isn’t something you should try to handle alone, and having an attorney on your side can make the process less confusing and potentially result in a more favorable outcome.

Don’t Talk to Officers Without Legal Counsel

As a parent, you’ve probably taught your child that police officers can be trusted and always to tell the whole truth. This is one situation where you don’t necessarily want to do that. Anything your child says can and will be used against them, and they shouldn’t answer any questions without an attorney present.

Stay Involved in Your Child’s Case

When a minor is going through the juvenile court system, so is the whole family. You will be expected to attend all of your child’s hearings and cooperate with the court’s requirements and the attorney’s requests throughout the process. Having an involved parent can also show the court that the defendant has a strong support system at home, which can help if you’re trying to get probation instead of jail time, for example.

If your child has been accused of a crime, call George Reres Law, PA, at 954-543-1186.