Fort Myers Juvenile Crimes Lawyer
A juvenile criminal charge can have lasting effects on your child’s education, career and future opportunities. Attorney Lee Viacava works directly with families throughout Southwest Florida to protect minors facing legal trouble and guide them through the juvenile justice process. When your child is accused of breaking the law, the Lee Viacava Law Firm provides knowledgeable and hands-on representation to help your family move forward.
In Florida, most offenses committed by minors are handled in the juvenile justice system rather than the adult criminal system. Anyone under 18 is considered a minor. While minors can be charged with misdemeanors or felonies, the juvenile system refers to these as “delinquent acts” instead of crimes.
The goal is rehabilitation, not punishment, but the process still carries serious consequences if not handled carefully.
What Happens After A Juvenile Arrest In Florida
When a child is arrested, the case moves quickly through several steps in Florida’s juvenile justice system:
- Intake: After arrest, the Department of Juvenile Justice (DJJ) reviews the case and decides whether to release the child to a parent or hold them in detention. The DJJ also prepares an assessment that influences future court decisions.
- Detention hearing: Within 24 hours of arrest, the child appears before a judge who determines whether they will remain in detention or be released until the next court date.
- Arraignment: The court formally reads the charges, and the juvenile enters a plea of guilty, not guilty or no contest.
- Adjudicatory hearing (trial): If the case proceeds, the judge (not a jury) reviews the evidence and decides if the child committed the alleged act.
- Disposition (sentencing): If adjudicated delinquent, the judge imposes consequences such as probation, counseling, community service or placement in a juvenile facility.
Parents should contact an experienced attorney like Mr. Viacava as soon as possible after an arrest. Early legal intervention can help reduce detention time, protect your child’s record and improve their chances of rehabilitation.
What Is A Status Offense?
In Florida, a status offense is an act that would not be considered a crime if committed by an adult. Examples include:
- Truancy
- Violating curfew
- Underage smoking or drinking
Typically, status offenses are handled by social service agencies rather than the juvenile court system, unless the child has multiple prior violations. Even so, under Florida law, underage smoking or drinking could be treated as violations of law/delinquent acts. It’s important to consult with the Lee Viacava Law Firm. Mr. Viacava can explain your child’s options and help prevent further legal complications.
Can A Minor Be Charged As An Adult?
In certain cases, Florida prosecutors can charge minors aged 14 or older as adults, especially for serious or violent felonies. These “special felonies” include:
- Arson
- Sexual assault or battery
- Kidnapping
- Using a firearm during a crime
- Manslaughter or murder
Prosecutors can file what’s known as a “discretionary direct file,” transferring the case from juvenile to adult court without a judge’s approval. When deciding whether to direct file, they consider the minor’s age, prior record, the nature of the offense and the child’s role in the incident.
Consequences Of Criminal Convictions
A juvenile record can follow your child for years and affect their ability to join the military, attend college or find a job. In some cases, it may be possible to seal or expunge the record, but only under certain conditions.
If your child is tried as an adult, the stakes are even higher. A criminal conviction can impact every aspect of their future. Mr. Viacava understands these lifelong consequences and fights to protect his clients from lasting harm.
Don’t Wait. Call Today.
If your child has been charged with a status offense, a delinquent act or a criminal offense, don’t wait. Call the Lee Viacava Law Firm today at 239-672-8934 or send an email through the online form.
