Juvenile Crimes / Offenses

When a person under the age of 18 is arrested, in Florida, and charged with a crime his/her case is placed in the Juvenile Justice System. The purpose of the Juvenile System is 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." Translation: The Juvenile system provides a separate court system to handle minors who commit crimes.

The main distinction between the Juvenile and Adult Criminal Systems is that the Juvenile Courts are more focused in rehabilitating our youth than punishing them. Additionally, in a Juvenile Court there is no right to a trial by jury. Children who are charged with a crime have no right to bail and can be detained in a juvenile 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. However, 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 the 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.

The Law Office of Roger P. Foley defends all criminal charges in the juvenile system. If your child is arrested, contact our office immediately. Don't waste time with inexperienced attorneys when your child's future is at stake.

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

Juvenile cases that our office handles but is not limited to:

All Drug Charges	Assault and Battery	Trespassing
Grand Theft	Petit Theft	Violent Crimes
Property Crimes	Rape	Alcohol Possession
Possession Fake ID	Resisting With Violence	Arson
Traffic Tickets	Battery on School Official	Sex crimes
Traffic Criminal Infractions	DUI	Possession
Drag Racing	Burglary	Expulsion Suspension Hearings
Probation Violations	School Board Hearings

Questions and Answers for Parents and Minors

Question: What is Juvenile Court?

Answer: Juvenile Courts are assigned juvenile delinquency cases. Juveniles that are 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 his/her 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 continuous contact with the juvenile system, or when the minor is close to the age of 18. There State Attorney's Office considers many factors when making the decision so it's 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!

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. They have 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 he/she may testify and tell their story. Juveniles have a right to a trial but not a jury trial. The judge in juvenile court is both 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. Don't try to explain things as this will usually get you in trouble.

Question: If I am stopped by the police, can they search me or my belongings?

Answer: That depends on the situation; however, if the officer requests your consent to search you have the right to say, "No, I do not consent". I would never recommend that anyone consent to a search. NOTE: If you are arrested, the police are allowed to search you their safety and to inventory your belongings. Remember, you are not allowed to physically resist a police officer. NEVER push, touch, or physically resist an officer as this will usually get you beaten and charged with more serious crimes.

Question: Can my teacher, counselor or school personnel search me or my belongings?

Answer: School officials are not police officers, however, the power of school officials are increasing. Most schools have officers at the school or call police to conduct the search. Remember, 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 you belongings illegally then your case may be subject to dismissed regardless of what they find. Your lawyer will be able to discuss the particular facts of your case with you and tell you whether 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 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.

Question: Do I have a right to have my parents present if police are questioning me?

Answer: Absolutely. It's your right so request it. However, the police do not have to remind you that it's your right. It's your burden to request your lawyer and your parent. The police prefer you speak to you without parents and without lawyers- don't give into the pressure-immediately request your attorney. The moment you request an attorney, the police must stop asking you questions.

Additional Information: COMING SOON!

• Miami Juvenile Lawyer
• Fort Lauderdale Juvenile Lawyer
• West Palm Beach Juvenile Lawyer
• Stuart Juvenile Lawyer
• Miami Juvenile Attorney
• Fort Lauderdale Juvenile Attorney
• West Palm Beach Juvenile Attorney
• Stuart Juvenile Attorney