In Florida, when a person under the age of 18 is arrested and charged with a crime, the case is placed in the Juvenile Justice System.  This system was created to "increase public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that strengthen families and turn around the lives of troubled youth."  In other words, the Juvenile Justice System provides a separate court system to handle minors accused of breaking the law.

Juvenile Courts are more focused in rehabilitating our youth than punishing them.   This is the main distinction between the Juvenile and Adult Criminal Systems.  In addition, there is no right to a trial by jury in a Juvenile Court.  Children who are charged with a crime also have no right to bail and can be detained in a juvenile detention facility or jail for up to 21 days after arrest.  If the alleged crime is a serious Felony the minor can be held an additional 9 days.  The Juvenile Courts work in conjunction with law enforcement, the Florida Department of Juvenile Justice (DJJ), prosecutors, and defense attorneys to rehabilitate children who are in trouble with the law.  The Juvenile Court will do everything within its power to educate the child and deter that child from future criminal occurrences.

The State's burden of proof in a Juvenile Court is the same as in adult court.   The State has the burden to prove, beyond and to the exclusion of any reasonable doubt, that the juvenile committed the offense charged.

We defend all criminal charges in the juvenile system. If your child is arrested, contact our office immediately.

Juvenile cases that our office handles include:

Attorney Foley and his staff are available 24 hours a day to discuss your child's specific legal matter.  Our office represents children and adults alike through every phase of prosecution, whether it is pre-arrest investigation or trial.  Please feel free to contact our office if you have questions about our services or if you wish to schedule a free initial consultation.

Frequently Asked Questions for Parents and Minors:


• Question: What are Juvenile Courts?
  Answer: Juvenile Courts are assigned juvenile delinquency cases. Juveniles charged with crimes are sent to Juvenile Court to be prosecuted.
  
  
• Question: Who does the court consider to be a juvenile?
  Answer: Generally, the court considers minors, those under 18 years of age, to be juveniles and therefore eligible to have their criminal charges prosecuted in a juvenile court.
  
  
• Question: If my child is alleged to have committed a crime does the case automatically go to a juvenile court?
  Answer: No!  There are circumstances where the State Attorney's Office will file adult charges against your child, even if they are under 18 years of age.  The state attorney may prosecute a minor as an adult when the charges are very serious, (Murder, Arson, Rape, etc.) or when a minor has had continuous contact with the juvenile system, or when the minor is close to the age of 18.  The State Attorney's Office considers many factors when making the decision so it is not automatic that your child will be kept in the juvenile system.
  
  
• Question: Our family is not from the United States but are currently living here either legally or illegally.  If someone in my family is under 18 years of age and charged with a crime will they be treated the same as a U.S. citizen?
  Answer: Yes.  Non-citizens, illegal and legal immigrants, are treated the same as U.S. citizens.  Everybody charged with a crime in the U.S. is entitled to due process.  Everyone has rights!  Additionally, juvenile adjudications do not constitute convictions triggering inadmissibility or deportabilty under the Immigration and Nationality Act (INA) (Matter of Devison-Charles).   According to the Board of Immigration Appeals (BIA), juvenile delinquency proceedings are not criminal proceedings and acts of juvenile delinquency are not "crimes" within the meaning of the INA.
  
  
• Question: What rights does a minor have in juvenile court?  Are they the same as adults in adult court?
  Answer: Juveniles have the right to an attorney, the right to remain silent, and the right not to self incriminate themselves by taking the stand to testify (5th amendment).  However, if a juvenile so desires they may testify and tell their story.  Juveniles have a right to a trial, but not a jury trial.  The judge in juvenile court is the Trier of Fact and Law.  There is no jury.   They have the right to confront and cross examine witnesses testifying against them and the right to call witnesses on their behalf.
  
  
• Question: Does the juvenile court use the same standard of proof as adult court?
  Answer: Yes. Beyond and to the exclusion of any reasonable doubt is the same standard used in juvenile and adult courts.
  
  
• Question: If I am walking with friends and stopped by police, do I have to talk to the police?
  Answer: Give the police your name and address.   If you have ID and it is requested, give it to the police.  However, remember anything else you say WILL be used against you.  Do not try to explain things as this will usually get you in trouble.  Remember the old saying:
      Even a fish wouldn't get into trouble if he kept his mouth shut.~ Author Unknown
  
  
• Question: If I am stopped by the police, can they search me or my belongings?
  Answer: If an officer requests your consent to search you or your belongings, you have the right to say, "No, I do not consent".   I would never recommend that anyone consent to a search.   However, if you are arrested, the police are allowed to search you for their safety, and to inventory your belongings.  (It is important to remember that you are not allowed to physically resist a police officer.   NEVER push, touch, or physically resist an officer as this may get you aggressively restrained and charged with more serious crimes.
  
  
• Question: Can my teacher, counselor, or other school personnel search me or my belongings?
  Answer: School officials are not police officers.  However, the power and authority of school officials has been increasing.   Some schools have police officers at the school or will call police to conduct the search.  You cannot physically resist but can assert your rights by stating, "I do not consent to you searching my belongings or person."  If school officials search your belongings illegally then your case may be subject to dismissal regardless of the outcome of the search.  Your lawyer will be able to discuss the particular facts of your case with you and offer an opinion as to whether or not your rights were violated.
  
  
• Question: Can school personnel lie to me by telling me everything will be okay if I make a statement and then use that statement against me and have me arrested?
  Answer: Yes.  They can lie.  Police can lie.   They can say anything they want and they will always hold any statement against you.  Never answer questions without your attorney.  Many people hear this over and over but when placed in the situation they talk anyway.  According, they are arrested, suspended,and expelled.  DON'T TALK!  If you do you must understand that your statements WILL be used against you in court.
  
  AGAIN:
      Even a fish wouldn't get into trouble if he kept his mouth shut.~ Author Unknown
  
  
• Question: Do I have a right to have my parents present if police are questioning me?
  Answer: Absolutely.  It is your right, so request it.   However, the police do not have to remind you that it is your right.   It is your burden to request your lawyer and your parent.  The police prefer you speak to you without parents and without lawyers.   Do not give into the pressure.  Immediately request your attorney.   The moment you request an attorney, the police must stop asking you questions.