Marco Island Juvenile Defense Lawyer

MARCO ISLAND JUVENILE DEFENSE ATTORNEY

When a juvenile is charged with a crime, the allegations can be scary. These charges are meant to be taken seriously by both the juveniles and their parents to deter the perpetrator from making these decisions again in the future. That said, the consequences of a juvenile criminal conviction can be life-altering. By working with a Marco Island juvenile defense lawyer, you can better navigate the laws surrounding juvenile offenses and understand your options moving forward.

Colleges, employers, and other prying eyes use juvenile offense convictions as a reason to deny acceptance into school or deny employment. For this reason, it is important to keep a juvenile’s record as clean as possible.

The Law Office of Donald P. Day provides juvenile criminal defense for citizens of Marco Island, Naples, Fort Myers, and Florida at large. Our criminal defense law firm has more than 45 years of legal experience in successfully representing some of the biggest criminal defense cases in Florida.

More importantly, Our legal team is competent and knowledgeable about Florida law and juvenile cases. We have successfully represented many minor clients charged with crimes and delinquent acts and helped them and their families in turning their lives around. We can do the same for you.

WHAT ARE JUVENILE CHARGES?

In Florida, a juvenile is also called a child or a youth and refers to any individual under 18 years of age. Juvenile criminal charges pertain to minors who are alleged to have committed a crime in violation of Florida law. Juveniles over the age of 14 who are charged with certain crimes can be charged as an adult, which incurs more severe consequences and punishment. In fiscal year 2022-2023, 776 arrests were reported, with three adult transfers.

Avoiding this is important, and in some cases, a good Marco Island juvenile defense attorney is all you need to keep your child from being charged as an adult. In other cases, a conviction is unavoidable, but hiring a proven juvenile criminal lawyer can potentially help minimize sentencing or facilitate a fair plea deal.

WHAT HAPPENS WHEN A JUVENILE IS ARRESTED IN FLORIDA?

When a juvenile is taken into custody, if they are a first-time offender and the charges are for a misdemeanor offense such as a DUI, they will receive a civil citation and be released either to their parents, a probation officer, an alternative diversion program, or taken for further evaluation at a Juvenile Assessment Center.

A Detention Risk Assessment Instrument (DRAI) will be conducted on the youth, and a Juvenile Probation Officer (JPO) will collect information on the child, their family, the violation, and any other relevant details of the case. From there, The JPO will decide whether the youth needs to be held in a secure detention setting, a non-secure setting, or a home detention situation until their next hearing. The recommendations will be shared with the State Attorney. If the decision is to hold the youth in detention, a detention hearing will be held within 24 hours. Final decisions will be made for the youth to either attend a diversion program, be held in one of the Florida Department of Juvenile Justice (DJJ)’s 21 juvenile detention centers across Florida, or be tried as an adult. Juveniles are typically only held for 21 days in the juvenile detention center unless a judge decides otherwise.

ARRAIGNMENT AND DISPOSITION

The next hearing will be an arraignment hearing. This is the youth’s opportunity to respond to the charges. Depending on the outcome of the hearing, the judge may schedule an adjudicatory hearing. In these hearings, the state has the burden of proof to convict the juvenile. This is like a trial, but there is no jury, just a judge.

Any stage of this process would be a good time to consult with an experienced Marco Island juvenile defense attorney to minimize the severity of the case, the charges, the conviction, and/or the consequences.

If the court determines that the youth is guilty of the violation, a disposition hearing will be held to decide on final sanctions for the defendant. Potential sentencing can include 

• Community service
• Probation
• Restitution
• Home detention
• Commitment to the Department of Juvenile Justice’s facility

Juveniles Being Tried as Adults in Marco Island

In cases involving a Marco Island juvenile court, prosecutors typically prioritize rehabilitation and education over punishment and criminal sentencing. That said, there are situations where minors over the age of 14 may be tried as an adult. When a minor is charged as an adult and found guilty, they are no longer covered under juvenile statuses, which means they can be sentenced to jail or prison instead of the Collier Juvenile Detention Center.
This process is called “direct file.” Per Florida Statutes 985.556, there are three main reasons why a juvenile offender may be tried as an adult:

• Voluntary waiver: A minor requests to be tried as an adult.
• Involuntary discretionary waiver: The prosecutor decides to move the case to an adult court.
• Involuntary mandatory waiver: The law requires a juvenile case to be tried in an adult court.

FAQS ABOUT MARCO ISLAND, FL JUVENILE DEFENSE LAWS

What Is the Hourly Rate for Criminal Defense Attorneys in Florida?

Criminal defense attorneys in Florida charge from $100 per hour to as much as $400 per hour, depending on their experience and the charges they are defending. For example, for simple felony charges, a criminal defense lawyer would likely charge from $3,500 up to as much as $10,000. For a charge such as second or first-degree murder, lawyer fees could be anywhere from $35,000 to $100,000.

Can a Juvenile Felony Be Expunged?

It is possible for a juvenile to get a felony expunged. The juvenile must petition the court to expunge or seal their record, but they can only request this for a single case, and they must qualify for expungement in accordance with Florida law. If granted, a juvenile record expungement will no longer appear on the individual’s background check thereafter.

How Long Can a Juvenile Be Detained in Florida?

Florida law limits juvenile detention to 21 days. However, under certain circumstances, that can be extended to 30 days or longer in 21-day increments. Because detention is often required if the court feels that the child is a threat to themselves or others, juveniles are typically sent home to serve probation, depending on their criminal history.

Can a Juvenile Be Charged With a Felony in Florida?

Yes, a juvenile can be charged with a felony in Florida. In fact, children ages 14 and over can even be tried as an adult if they commit one of the 21 felonies that are eligible for adult charges, such as aggravated assault, attempted murder, and murder. An experienced attorney can help a juvenile reduce their charges and avoid being tried as an adult.

Q: Can I Get Probation for a Juvenile Offense in Marco Island?

A: Yes, probation is a common court-ordered sanction. It offers the offender a chance to live a more normal life instead of serving time in the Collier Juvenile Detention Center. In 2021, approximately 51 percent of all delinquency cases that received a juvenile court sanction resulted in a probation order. It’s typically used for first offenses and low-risk youth who have a good chance of rehabilitation while staying integrated with society.

Q: Do Young People Have the Same Right to an Attorney as an Adult in Marco Island?

A: Yes, minors who are charged with a crime have a right to an attorney when they are being questioned by the police. Young people have a tendency to focus on short-term benefits as opposed to long-term consequences, which can make them more vulnerable to coercion when confronted in the justice system. The presence of a Marco Island juvenile defense attorney can protect a child from implicating themselves by, for example, answering questions without thinking.

Q: Can a Minor Be Tried in Both Juvenile and Adult Court for the Same Offense?

A: No, double jeopardy prevents the justice system from trying or punishing an accused person for the same offense more than once. That said, minors who are being tried in juvenile court can be transferred to adult court, depending on the situation. This can escalate the severity of the case and worsen any resulting penalties.

Q: What’s the Difference Between a Criminal Lawyer and a Criminal Defense Lawyer?

A: Both criminal lawyers and criminal defense lawyers handle criminal cases, but they can have different duties and responsibilities concerning who they represent in a case. Criminal lawyers can work to either prosecute or represent a defendant, while criminal defense lawyers work with the defendant and defend them in court.

If your child has been charged with a crime in Collier County, a Marco Island juvenile defense attorney can be a critical asset to have on your side.

ENLISTING THE HELP OF A CRIMINAL LAWYER FOR YOUR JUVENILE

The Law Office of Donald P. Day is competent and knowledgeable about Florida law and juvenile cases, which is why you can count on us to provide sound legal counsel and representation for you and your child.

If your child is in trouble with the DJJ and facing charges for a juvenile violation or is in danger of being charged as an adult, don’t wait to call the Law Office of Donald P. Day. Don’t make the mistake of taking this matter lightly. Contact us today and speak with one of our knowledgeable legal team members. You can see how a skilled Marco Island juvenile defense attorney can alleviate the outcome of this situation for your child and your family.