Florida Defense Attorney Discusses Common Juvenile Offenses
A juvenile offense is a criminal offense committed by a child under the age of 18. When a minor is charged with an offense in Florida, serious consequences can apply. It’s very important to hire a local criminal defense attorney with experience defending minors. Flaherty & Merrifield has experience representing minors in juvenile defense cases in Northwest Florida. Learn about some of the most common types of charges faced by minors in the Fort Walton Beach and Okaloosa County area and discover how our firm can help.
7 of the Most Common NW Florida Juvenile Offenses
Activities that are against the law for adults are also unlawful when committed by minors, which means that juveniles can be arrested for and charged with any kind of criminal activity, assuming there is probable cause. The most common juvenile arrests typically made in and around Fort Walton Beach and Okaloosa County in Florida include the following:
- Criminal mischief. Criminal mischief, otherwise known as vandalism, can result in a felony conviction with lifelong consequences. Examples include intentionally damaging property belonging to someone else, such as graffiti, keying a car, slashing tires, breaking windows, or other types of property destruction.
- Drug charges. Drug charges like possession of marijuana or any other drugs or controlled substances, possession of drug paraphernalia, and drug trafficking are among the most common drug offenses. Charges depend on what substance(s) the juvenile had in their possession and in what quantity.
- Minor in Possession (MIP). A juvenile who is found in possession of alcohol will face a Minor in Possession (MIP) charge. This is a serious offense in the state of Florida. MIP charges apply when a minor has alcohol in their possession, as well as when they have the ability and intent to possess alcohol, such as at a party where drinks are flowing freely.
- Underage DUI. The legal blood alcohol content (BAC) limit for drivers under 21 is 0.02, which will register with any alcohol at all in one’s system. Any juvenile with a BAC over 0.02 will be charged with an underage DUI, as will adults between the ages of 18 and 20. Individuals under the age of 18 who are charged with DUI will likely face charges in juvenile court.
- Assault or battery. Assault and battery convictions are serious charges. Assault is the threat or attempt to cause physical harm to another person (or persons). Assault is typically a second-degree misdemeanor. Battery is intentionally physically touching someone in an offensive way. Battery is typically a first-degree misdemeanor.
- Theft offenses. Theft offenses include crimes like retail theft, burglary, robbery, grand theft dealing in stolen property, and credit card fraud. Misdemeanor and felony theft convictions have serious consequences, including (but not limited to) reimbursing the victim for the loss they suffered.
- Sex offenses. Sex offenses include things like indecent exposure, lascivious behavior, video voyeurism, sexual battery, and rape carry strong penalties. Sex crimes can result in misdemeanor or felony convictions, depending on the nature or severity of the offense.
Juvenile Criminal Defense Cases
When a minor is charged with a crime, they will face a detention hearing within 24 hours. This hearing will determine whether they will be held in secure detention or released to the custody of their parents until the case is resolved. A juvenile who is convicted may be sentenced to incarceration, probation, or diversion.
- Juvenile incarceration typically involves a commitment program, which is a rehabilitative confinement program.
- Probation involves being monitored by a probation officer for a period of time.
- Juvenile diversion is a program that involves pre-trial intervention to counsel the guilty party. It’s typically an option for low-level offenses or first-offenders.
Most juvenile rights coincide with adult constitutional rights, but there are some differences. For example, juvenile offenders don’t have a right to bail, though most are released to their parents awaiting resolution of their case. They also don’t have a right to a jury trial. Instead, a judge usually decides the sentence for juvenile offenders.
Legal Counsel is Critical in Juvenile Cases
It is very important to seek legal counsel for your child if they have been charged with a juvenile offense. In juvenile defense cases, the consequences not only affect your child, but they can also affect their parents. The Office of Juvenile Justice will ask you questions about your child’s history, how they do in school, how they act at home, and your parenting style. Regardless of the type of offense a minor is charged with in Florida, working with an experienced lawyer who understands the state’s criminal justice and juvenile justice systems is critical to protecting the best interests of the minor and their family.
Juvenile defense cases can be defended in a similar manner to adult cases. The sooner you engage an attorney to represent your child, the better. If your child retains legal counsel before their first court day, they will not have to be present for the arraignment. The arraignment is the first step in criminal proceedings, where the defendant is brought in front of the court to hear the charges against them and plead guilty or not guilty. Depending on the facts of the situation, a criminal defense attorney who has experience defending minors charged with juvenile offenses may be able to have the charges reduced or even dismissed.
How Flaherty & Merrifield Can Help
When you choose Flaherty & Merrifield to represent your child in a juvenile case, our comprehensive approach will help you navigate this challenging process with minimized consequences. Our Northwest Florida team will help you navigate the legal system, inform you of what to expect, and help protect your child from lifetime consequences. We will collect evidence, speak to witnesses, communicate with the Department of Juvenile Justice on your behalf, and work hard to advocate for your child and protect their future.
