About Florida's Juvenile Court System

In most cases, when a person under the age of 18 is accused of committing a crime in Tampa, Florida, they face far different proceedings than adults.

The juvenile justice system focuses on rehabilitation, allowing for the minor to receive the guidance that they need to become a fully functioning, active member of society. The Florida Department of Juvenile Justice (DJJ) works hard to deal with crimes that have already been committed and prevent crimes through its Office of Prevention and Victim Services. It is their goal to help intervene with youth that they deem to be "at risk."

Having a skilled Tampa juvenile crime attorney can play a significant role in how the courts handle your case. For instance, the courts may prosecute certain juvenile offenses as adult crimes, with adult penalties. A skilled defense lawyer can negotiate with the prosecution to work to have those charges lowered. At The Law Offices of Jeff Paulk, we are dedicated to helping minors who have been arrested or charged with a juvenile crime.

What to Expect with Juvenile Court

The first step of the juvenile justice system is contact with law enforcement or a civil citation. The latter allows the justice system to proceed without the need for law enforcement. Following either of those, the minor will be taken into custody, not arrested as an adult would be. From there, they will be taken to a Juvenile Assessment Center, or a screener will be notified and brought to them.

At this point, there are several paths the case can take. The child may be referred to a diversion program, designed to help curb delinquent behavior and offer an alternative to legal proceedings. Or the youth may be classified as "low-risk." In these cases, the Juvenile Detention Alternatives Initiative may become the best option. This is a community-based program that allows the youth to avoid being detained. In other cases, the minor will undergo a Detention Risk Assessment Instrument to determine detention.

If the child is "high-risk," they will be placed into a secure detention center while further legal action is pending. If not, they may be permitted to stay at home with their family until their court date.

Non-Judicial vs. Court Intervention

To help you better understand how the system works, we will explain the difference between non-judicial intervention and court intervention, among other essential aspects.

Your child’s Juvenile Probation Officer (JPO) may recommend that the state attorney have your child complete a non-judicial diversion program, which has its benefits. If the state attorney approves the JPO’s recommendation, you and your child would have to sign a “waiver of speedy trial” agreement. Your child waives their right to a speedy trial and agrees to complete the diversion program by signing. If they complete the diversion program, the state attorney will not pursue further action. However, if your child fails to complete the program, the state prosecutor would formally charge them with a delinquent offense. 

Once the JPO has reviewed all the documentation and evidence, they may suggest that the State Attorney’s Office charge the juvenile offender with a delinquent offense, also known as recommended court intervention. Each case is different. While one juvenile may be recommended for non-judicial diversion, another may be quickly recommended for court intervention because of their history and the seriousness of the crime.

Three Possible Outcomes

If the State Attorney decides to file a delinquency petition, it will be filed with the Juvenile Division of the Circuit Court, a special section of the court that handles juvenile violations. 

The next step will be the question of guilt. There are three possible outcomes:

• The case will be dropped, meaning the prosecution has decided not to pursue it.
• Adjudication will be withheld, which means there is enough evidence to deem the child guilty, but adjudication will be withheld, and the child will be placed into community supervision. In many cases, the minor will meet with a Juvenile Probation Officer to develop a Youth-Empowered Success (YES) plan to set up goals and plans.
• The minor will be adjudicated. If found guilty and adjudicated, they may be committed (placed into a residential facility or put into other supervision).

When Are Minors Tried as Adults?

With certain serious felonies, Florida law requires that juvenile offenders are tried as adults. 

If your child's case is sent to adult court, it may do so through a direct file, a waiver, or an indictment. If your child is subject to these, they may be tried as an adult, which means they may be subjected to the same sentencing and penalties as an adult. If your child's JPO recommends your child for adult court, the Florida Department of Corrections will get involved in your child's case, and they will give their recommendations to the adult court.

Florida's Unique Hazing Laws for Minors

Hazing is a crime that is often linked with the initiation into a social group or organization, such as a college fraternity or sorority. Under Florida law, most hazing by college students is left to the disciplinary actions of the university administration. The offense will be charged under general state laws when it comes to hazing situations that lead to criminal prosecution.

Hazing might include the following:

• Pressuring someone to violate the law
• Forced consumption of food, liquid, drugs, or any other substance
• Activities that cause mental stress, including humiliation or sleep deprivation
• Any physical abuse, such as beating, whipping, branding, or exposure to the elements

A bill was created in 2005 that made hazing a criminal offense in Florida. It was inspired by the death of Chad Meredith, a Florida university student who was a victim of hazing. Under the law, if the act of hazing has created a risk of injury or death, it can be charged as a first-degree misdemeanor. If the hazing resulted in bodily injury or death, the offense would be charged as a third-degree felony or higher. The penalties for these are severe.

In July of 2019, Florida passed a new hazing law that increased penalties on those who planned hazing, even if they weren’t present when hazing occurred. The law is known as Andrew’s Law. It was named after Andrew Coffey, a pledge from Florida State University who died in 2017.