No matter what your age, being charged in
with a crime is a frightening ordeal. Juvenile offenders are
especially vulnerable in the criminal justice system, as their
youth and inexperience may lead them to make unwise decisions.
Young offenders are also easily manipulated and confused during
interviews and investigations.
Many times, it is up to parents or guardians
to ensure that juvenile defendants receive proper representation
by a criminal defense attorney. Charles Holloway, P.A., a
criminal defense attorney in Clearwater,
Florida, is fully aware of the special circumstances surrounding
juvenile cases. Attorney Holloway is committed to providing
juvenile defendants with aggressive representation that will
ensure their rights are protected. For more information about
discussing a juvenile case with attorney Holloway at his offices
in Clearwater, Tampa, or St. Petersburg, Florida, please call
(727) 446-8303.
Florida law defines a juvenile as anyone less
than 18 years of age. When a juvenile is arrested, a number
of decisions must be made quickly within the Juvenile Court,
the State Attorney’s Office, and the Department of Juvenile
Justice. The following offers a brief insight into some of
these proceedings which should prove helpful:
I.
Evaluation
The
juvenile is evaluated immediately by detention screening,
using a Detention Risk Assessment Instrument (DRAI) form
to determine whether they should be detained in secure detention,
placed on home detention, or released to the parents until
an Arraignment Hearing. Secure Detention refers to holding
the juvenile in a secure facility and Home Detention refers
to a form of house arrest.
The
DRAI form uses a point system to score a juvenile for detention
or release. Points are assessed on the following criteria:
-
Most serious current offense
-
Other pending charges
-
Prior criminal record
-
Legal status (e.g. currently on probation)
-
Aggravating or mitigating circumstances
-
Mandatory aggravating circumstance: illegal possession
of a firearm
Aggravating Factors:
-
Juvenile’s attitude indicates danger to alleged victim
or witnesses
-
Offense committed in a premeditated manner
-
Alleged victim suffered substantial injury
-
History of absconding
-
Coerced others into involvement
-
Extreme amount of prior offenses
-
Threatens not to appear in Court
-
Engaged in organized gang activity
-
Weapon used in instant offense
-
Numerous other offenses charged with main offense
Mitigating Factors:
-
Intellectual impairment affecting decision-making
-
Coerced into involvement
-
Offense committed in impulsive manner
-
Alleged victim suffered little or no injury
-
Alleged victim suffered little or no property loss
-
Charge seems more serious than facts indicate
-
Unrelated adult accompanied and influenced juvenile’s
involvement
-
Passive participant and not directly involved
II. Detention or Release
If
the juvenile is released to his or her parents, the juvenile
is free and will not return to court until the Arraignment
Hearing. If they are placed in secure detention or
home detention, they will have to appear before the
Court within 24 hours of placement.
The
Judge will determine whether probable cause exists and will
review the DRAI to ensure it is correct. In Domestic Violence
cases, the matter is reviewed every 48 hours. In Contempt
of Court cases, the case is reviewed every 72 hours. The
Court is required to consider alternatives to secure detention.
III. Intake
Next, the Department of Juvenile Justice (DJJ) will appoint
a Juvenile Probation Officer (JPO) to make a disposition
(charge and sentence) recommendation to the State Attorney
and the Court, as well as make referrals for counseling
and educational services.
In
order to make the recommendations and referrals, the JPO
will set an appointment to meet with the juvenile and his
or her parents. This meeting with the JPO is voluntary.
The JPO does not interrogate the juvenile about the
charges. The JPO will consider the following criteria in
making the recommendation:
-
Whether the juvenile admitted the offense to law enforcement
-
The seriousness of the offense
-
The previous number of offenses
-
The age and maturity of the juvenile
-
Whether involved in a street gang
-
Attitude of the juvenile
-
Attitude of the parents
-
Ability of the parents to control the juvenile
-
Social information (e.g. substance abuse, mental health,
school performance and attendance)
-
Attitude of alleged victim
-
Restitution amount, if any
The recommendation must be completed within 24 hours after
the juvenile is ordered to be kept in detention,
and at the latest, must be completed within 20 days after
the juvenile is first arrested.
The
JPO may recommend the following:
-
A non-judicial disposition (Juvenile
Diversion Programs)
-
A Judicial disposition
-
Referral to adult Court
1) Diversion: These options are available prior to
the filing of the official charges by the State Attorney’s
Office:
a)
Juvenile Arbitration: Usually reserved for first
time misdemeanor offenses. Can include community service
work, substance abuse evaluation and counseling, and restitution.
Lasts approximately 6 to 8 weeks.
b)
Juvenile Arbitration S.T.O.P.: Usually reserved
for repeat misdemeanor or 3rd degree felonies. Includes
more intensive sanctions and contact with the juvenile.
Lasts approximately 4 months.
c)
Drug Court: For drug-related offenses.
d)
Teen Court: Sanctions determined by a panel of
juvenile peers.
e)
Early Delinquency Intervention Program (EDIP):
Intensive residential treatment in a secure facility for
7 days to 6 weeks. Six to 9 months of follow-up.
f)
Intensive Delinquency Diversion Services (IDDS):
Higher level of intervention with juvenile.
2)
Judicial Disposition: These are options available
after official charges (a Petition) are filed by the State
Attorney’s Office:
a)
Plan: This generally requires that the juvenile
enter a plea, admitting the charges. If the Court accepts
the Plan, it will hold the plea in “escrow” until the
juvenile successfully completes the terms of the Plan,
at which time the case is dismissed.
b)
Adjudicatory Hearing: A trial without a jury. The
Court can find that the evidence did not sustain the allegations
(i.e. not guilty) or that the allegations were sustained,
(i.e. guilty). If guilty, the Court will then decide whether
to impose probation supervised by the DJJ or whether to
impose residential commitment. If residential commitment
is anticipated, then the Court will conduct a Disposition
Hearing, and consider aggravating and mitigating factors
in the sentencing decision.
c)
If the Court orders commitment, the term will end when
the juvenile turns 19, unless the juvenile is placed in
a serious habitual offender program, an intensive residential
program for young offenders, a sexual offender program,
or a maximum risk program, in which case the term will
end when the juvenile turns 21.
3) Adult Court: Certain crimes are considered so
serious, that the State Attorney’s Office is permitted to
file charges that will treat the juvenile as an adult. Some
charges are required to be filed as adult, regardless of
the child’s age. Some charges are discretionary, permitting
the State Attorney to decide whether to file in adult court
or not. The Court has the ultimate authority to decide whether
the juvenile should be sentenced as an adult or subjected
to juvenile punishment.
