When a child is arrested in Florida, the fear and confusion that follows can be overwhelming for any parent. The phone call no parent wants to receive (that their child is in police custody) can trigger a rush of questions: What happens now? What are their rights? What can I do to help? The juvenile justice system in Florida operates differently from the adult criminal system, and understanding those differences quickly can make a significant impact on the outcome of your child's case.
As summer winds down and students head back to school across Volusia County, DeLand, and the Daytona Beach area, late-season situations involving young people and criminal charges become more common, from minor in possession charges to more serious offenses. If your child is facing a juvenile charge, this guide is designed to help you understand the process and take the right steps as quickly as possible.
How Florida's Juvenile Justice System Differs From the Adult System
Florida's juvenile justice system is designed with a different philosophy than the adult criminal courts. While the adult system focuses heavily on punishment, the juvenile system places greater emphasis on rehabilitation, education, and giving young people a path forward. That said, it is still a formal legal process with real consequences, and those consequences can follow a child well into adulthood if not handled properly.
Key differences include:
- Terminology: In juvenile court, cases are typically referred to as "delinquency cases" rather than criminal cases. A minor is not "convicted" but may be found to have "committed a delinquent act."
- Hearings vs. trials: Juvenile cases are typically decided in hearings before a judge rather than jury trials, though serious cases can be transferred to adult court.
- Record sealing: Juvenile records in Florida are generally not public and may be eligible for sealing or expungement under certain conditions, which can protect a child's future opportunities.
- Transfer to adult court: For serious or repeat offenses, Florida law allows, and in some cases requires, that a juvenile be tried as an adult. This is one of the most important reasons to have an attorney involved as early as possible.
What Happens Immediately After a Juvenile Is Arrested in Florida?
When a minor is taken into custody in Florida, the process typically unfolds as follows:
1. Intake and Assessment
After an arrest, a juvenile is typically taken to a Department of Juvenile Justice (DJJ) intake center rather than a standard jail. DJJ staff conduct an assessment to determine the appropriate next steps, which may include release to a parent or guardian, placement in a diversion program, or detention.
2. Detention Decision
Florida law requires that a detention hearing be held within 24 hours of a juvenile being placed in secure detention. At this hearing, a judge will determine whether the minor will remain in detention or be released to the custody of a parent or guardian pending further proceedings.
3. The State Attorney's Decision
After intake, the case is reviewed by the State Attorney's Office, which decides how to proceed. Options include diverting the case to a civil citation or diversion program, filing a petition for delinquency in juvenile court, or in serious cases, filing charges in adult court.
4. Adjudicatory Hearing
If a petition is filed, the case proceeds to an adjudicatory hearing, which functions similarly to a trial. A judge will hear evidence and determine whether the minor committed the alleged offense. If the juvenile is found to have committed the act, a separate disposition hearing is held to determine consequences, which may include probation, community service, counseling, or placement in a juvenile facility.
What Are a Juvenile's Rights After an Arrest in Florida?
Minors have constitutional rights, including the right to remain silent and the right to legal representation. One of the most critical things a parent can do is instruct their child not to answer questions from law enforcement without an attorney present. Statements made by a juvenile during questioning can and do affect the outcome of a case.
Additionally, parents or guardians generally have the right to be notified of their child's arrest and to be present during questioning. If law enforcement attempts to question a minor without a parent or attorney present, it is important to assert those rights clearly and without confrontation.
Why Early Legal Representation Matters in Juvenile Cases
Involving a criminal defense attorney as early as possible in the process is one of the most impactful steps a parent can take. Here's why timing matters:
- Diversion opportunities: An attorney can advocate for diversion programs or civil citation alternatives before a formal petition is ever filed, which can keep a charge off your child's record entirely.
- Preventing transfer to adult court: In cases where the State Attorney is considering trying a juvenile as an adult, early intervention by an experienced defense attorney can be critical in arguing against that transfer.
- Protecting statements: An attorney can help ensure that any statements made by the juvenile are not used against them inappropriately and that the minor's rights were not violated during the arrest or questioning process.
- Minimizing long-term consequences: Even in cases where some consequence is unavoidable, an attorney can work to minimize the impact and preserve your child's ability to move forward, protecting their education, future employment, and record.
If your child has been arrested in Volusia County, the DeLand area, or anywhere in Central Florida, the attorneys at Thompson Law, P.A. have the experience to guide your family through the juvenile justice process. Attorney Matt Thompson is a former prosecutor who understands how these cases are built and how to defend against them effectively.
What Should Parents Do Right Now?
If your child has just been arrested or is under investigation, here are the steps to take immediately:
- Stay calm and do not coach your child on what to say. Anything said to law enforcement can be used in the case.
- Contact a criminal defense attorney immediately. Do not wait until after the detention hearing or the State Attorney has already reviewed the case.
- Gather any relevant information. This includes names of witnesses, any documentation related to the incident, and details about the arrest itself.
- Attend all hearings. Parents and guardians play an important role in the juvenile process, and demonstrating active parental involvement can positively affect how a case is handled.
Protecting Your Child's Future Starts Now
A juvenile arrest is frightening, but it does not have to define your child's life. Florida's juvenile system offers pathways that do not exist in adult court, but taking advantage of those pathways requires moving quickly and with experienced legal guidance.
At Thompson Law, P.A., we understand what is at stake when a young person's future is on the line. Our team handles juvenile criminal defense throughout Volusia County and Central Florida, and we answer our phones 24 hours a day, 7 days a week because we know these situations do not wait for business hours. Call us at (386) 280-4977 or contact us online to schedule a free consultation.