Florida Rules of Juvenile Procedure

Under the law, a “juvenile” is a person who is not yet a legal adult, under the age of 18. If a juvenile commits any act in violation of the law, it is called “juvenile delinquency.” Know that if the same act is committed by an adult above 18 years, it would be called a crime. The state of Florida’s rules of juvenile procedure are designed to intervene in the lives of at-risk youth in a timely manner. The intention here is to lower the possibility of young people getting arrested and prevent them from committing the same crimes again.

Juveniles Are Taken into Custody on Report of a Delinquency

After the law enforcement officers take a juvenile into custody, they are required to release the youth to their parents or legal guardians. Alternatively, the youth is taken to the Juvenile Assessment Center (JAC) where the detention process is initiated, and the case is referred to the State Attorney’s Office on the same day. At the JAC, the Department of Juvenile Justice (DJJ) along with other concerned authorities review the case and determine the next steps.

If the delinquency meets the criteria for statutory detention, the youth is transferred to the Palm Beach Regional Juvenile Detention Center overnight until their hearing.
If the young person is placed under home detention or house arrest, his parents or legal guardians are asked to keep him at home until the next court hearing.
If the Department Risk Assessment Instrument (DRAI) determines that detention is not required, the youth is allowed to go home with his parents or guardians.

A Court Hearing is Scheduled for the Next Day

At the court hearing, the judge hears the facts of the case and determines if there is adequate probable cause that the juvenile did commit the crimes he is accused of and needs to be detained further. Florida rules of juvenile procedure limit the time that youth can be detained to 21 days. However, if the adjudicatory hearing (trial) is in progress and the judge has granted a continuance, this period can be extended.

Victims Can File Petitions Against Juveniles

Victims of delinquency can file a petition against the juvenile in a court of law. The next step is the arraignment hearing. If the accused is in detention, they are produced in court. In case the juvenile is not in state custody, the court issues a Pick Up Order (PUO) which is equivalent to the adult arrest warrant. Once law enforcement officials bring in the accused, they’ll hold them in detention until the hearing on the next day.

The Juvenile Has the Option of Pleading Guilty or Not Guilty

During the arraignment hearing, the juvenile can either plead guilty or not guilty. After hearing the facts of the case, the court determines if the accused can get a court-appointed lawyer, or if they must arrange for their own criminal defense attorney. A good defense lawyer can submit a written not-guilty plea before arraignment and get the arraignment hearing waived. The case then moves on to the adjudicatory hearing. Such hearings for juveniles don’t have a jury present. The judge hears the facts of the case, and the state and defense attorney can provide witnesses. Arguments are made in favor of or against the accused. Depending on how the judge rules, the juvenile will carry out their detention.

The Court Determines the Detention Period

If the juvenile is put under house arrest, the term can be a maximum of 15 days. However, if the judge finds the youth guilty, he may be asked to report to the diversion program where he is referred. Typically, the notice is sent by mail to the juvenile’s home and informs the parents of the court’s decision. The youth can complete the program voluntarily and the case is closed. However, if the program is not completed as per the court order, the case is referred back to the Attorney General’s Office.

Considering that the life and future of a young person can hinge on a single incident, it is advisable to consult an expert in criminal law who can guide you in the right direction. Call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

Florida Rules of Juvenile Procedure