Criminal Defense Attorney
Juvenile Defense
Lawyer in Orlando, FL
Protecting Your Child’s Future in Florida Juvenile Court
✓ Free Consultation 24/7
✓ Delinquency Court Experience
✓ Direct-File & Transfer Defense
✓ Diversion Advocacy
✓ Payment Plans Available
Juvenile Defense Attorneys Orlando, FL
When Your Child Is Charged
Florida’s juvenile justice system was designed to rehabilitate, but its consequences are anything but minor. A delinquency finding can follow your child into school discipline, college admissions, driver’s licensing, immigration status, firearm eligibility, and, most seriously, into adult court — the Florida State Attorney has the discretion to “direct file” felony charges against children as young as 14 into adult court under § 985.557, with adult sentences and adult prisons on the line. Detention hearings happen within 24 hours, arraignments follow quickly, and adjudicatory hearings are bench trials — there is no jury in Florida juvenile court. Smith & Eulo defends children in delinquency proceedings across Florida: fighting detention, pushing for diversion, opposing direct file and transfer, and — when necessary — trying cases before the delinquency judge. We move fast and treat every family with discretion.
What Happens After a Juvenile Arrest
1. Arrest & DJJ Intake
Child is taken to the Juvenile Assessment Center (JAC) for DJJ screening
2. Detention Decision
DJJ scores the Risk Assessment Instrument (RAI) to decide release or hold
3. Detention Hearing
Within 24 hours a judge reviews detention and enters conditions of release
4. State Attorney Review
SAO decides to file a delinquency petition, decline, or direct file to adult court
5. Arraignment
Formal reading of petition; entry of denial or admission
6. Adjudicatory Hearing
Bench trial before the delinquency judge — no jury under Florida law
How We Defend Juvenile Cases
Juvenile defense is different from adult defense — outcomes turn on both facts and disposition planning:
Detention Hearings
We challenge the DJJ Risk Assessment Instrument (RAI) score and argue for release at the 24-hour hearing.
Pre-File Intervention
Contacting the SAO’s Juvenile Division before charges are filed can result in declination or diversion.
Diversion Advocacy
Teen Court, civil citation, and JASP result in dismissal with no adjudication and no record.
Suppression Motions
Miranda, illegal search, and unlawful SRO interrogation issues suppress key evidence.
Direct File & Transfer Defense
We litigate to keep serious felony cases in juvenile court and challenge § 985.557 direct filings.
Disposition Planning
Even when adjudication occurs, tailored disposition plans keep children out of secure DJJ commitment.
Juvenile Dispositions
Diversion (No Adjudication)
Civil citation, Teen Court, or JASP — successful completion means no record.
Judicial Warning
Withhold of adjudication with no probation — rare but powerful.
Juvenile Probation
Supervision by DJJ juvenile probation officer with conditions such as school attendance and counseling.
Non-Secure Residential
Community-based placement in a group home or day treatment program.
Secure Residential
DJJ commitment to a moderate- or high-risk secure facility — the juvenile equivalent of prison.
Adult Sentencing (Direct File)
When directly filed, the child faces the full adult felony penalty range.
Juvenile Charges We Handle
We defend children in every type of delinquency proceeding:
- Theft & Property – Shoplifting, petit theft, grand theft, burglary
- Drug Offenses – Cannabis, THC vape, prescription drug possession
- Violent Crimes – Battery, aggravated battery, robbery, homicide
- Weapons on Campus – Firearm and weapon-in-school offenses under § 790.115
- School Fights – Simple battery arrests by SROs
- Sexual Offenses – Sensitive defense in juvenile sex cases and registry issues
- Cyber & Sexting Cases – Minor-on-minor image sharing under § 847.0141
- Underage DUI – Zero-tolerance BAC and license consequences
- Status Offenses – Truancy, curfew, runaway, and underage alcohol
- Direct File Felonies – Adult-court prosecution defense under § 985.557
Diversion Programs
Civil Citation Program
Statewide program under § 985.12 diverts eligible first-time misdemeanants — no arrest record.
Teen Court
Peer-jury program that resolves eligible cases with community service and jury duty in lieu of adjudication.
JASP
Juvenile Alternative Sanctions Program — short-term intervention resulting in dismissal.
Drug Court & Mental Health Court
Specialty court tracks for children with substance abuse or mental health needs.
Deferred Prosecution
SAO-approved deferred prosecution can result in dismissal without adjudication.
Direct File & Transfer
§ 985.557 Direct File: The State Attorney can unilaterally charge children 14+ as adults in felony cases.
Mandatory Direct File: Certain violent felonies require direct file for 16- and 17-year-olds.
Motion to Return Under § 985.557(3) a child may move to return to juvenile court after adult indictment — we file these aggressively.
Waiver Hearings: When the SAO seeks judicial transfer we contest the required findings.
Youthful Offender Status: Even in adult court, we push for youthful offender sentencing under § 958.04.
Frequently Asked Questions
Call a juvenile defense attorney immediately — before your child is interviewed by police, DJJ, or an SRO. A parent’s presence does not create attorney-client privilege, but a lawyer’s does. Detention hearings occur within 24 hours, and having counsel there dramatically improves the outcome.
No. Florida juvenile delinquency cases are heard by the judge at an “adjudicatory hearing” — there is no jury. The judge determines both guilt and disposition. This makes attorney credibility with the specific delinquency judge critical.
Yes, potentially. Under § 985.557, the State Attorney can “direct file” felony charges against children 14 and older into adult court — without a hearing or judicial approval. Certain violent felonies require direct file for 16- and 17-year-olds. We fight to keep cases in juvenile court and file motions to return where allowed.
Yes. Juvenile records are generally confidential but can be sealed or automatically expunged under § 943.0515 depending on the offense and age. Some records are automatically destroyed at age 21 or 26. We handle the sealing process for eligible juvenile cases.
Your Child's Rights
Right to Remain Silent
Children have the same Fifth Amendment rights as adults — SROs and detectives can and do question minors.
Right to Counsel
Once counsel is requested, all questioning must stop — including by school officials.
Protection From Unlawful Search
School searches must be justified at inception and reasonable in scope under T.L.O.
Right to Speedy Trial
Florida requires the adjudicatory hearing within 90 days of arrest under § 985.35.
Confidentiality
Juvenile proceedings and records are largely confidential under § 985.04.
Counties We Serve
Orange County
Orlando, Winter Park, and surrounding areas.
Seminole County
Sanford, Altamonte Springs, Lake Mary.
Osceola County
Kissimmee and Osceola County courts.
Hillsborough County
Tampa and Tampa Bay area courts.
Miami-Dade & Broward
South Florida juvenile defense.
Statewide
Representation across all Florida judicial circuits.
Meet Your Juvenile Defense Team
Criminal Defense Attorney
Criminal Defense Attorney
Immigration Lawyer
Managing Partner
Founding Partner
Managing Partner
Managing Partner
Managing Partner
Family Law Attorney
Senior Attorney
Senior Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Defense Attorney
Attorney
What Our Clients Say
Why Choose Smith & Eulo?
Fast Response – Detention hearings are within 24 hours; we appear on short notice
Diversion-First Strategy – We push for civil citation, Teen Court, and JASP before ever risking adjudication
Direct File Fighters – Experienced opposing SAO direct filings and litigating motions to return
Family-Centered Approach – We keep parents informed at every stage and treat every case with discretion
Available 24/7 – We answer nights, weekends, and holidays
Case Results
Direct File Returned – Motion to return granted; case moved back to juvenile court
Civil Citation – Pre-file negotiation converted felony arrest to civil citation
JASP Diversion – Case dismissed after program completion with no record
Detention Released – Successful challenge to RAI score at detention hearing
Record Sealed – Juvenile record sealed under § 943.0515
Consequences Beyond Court
School Discipline: Arrests trigger Baker Act referrals, expulsion hearings, and Section 504 issues.
College Admissions: Adjudications can appear on college applications and disqualify from financial aid.
Driving Privileges: Drug-related adjudications trigger mandatory license suspension under § 322.055.
Immigration: Certain adjudications affect status for non-citizen minors.
Firearms & Military: Adult convictions from direct file can disqualify from military service and firearms.
Sealing Juvenile Records
Even confidential juvenile records can be found in background checks. We help families clear them:
§ 943.0515 Sealing – Available for eligible juvenile diversion completions.
Automatic Destruction – Most juvenile records are destroyed at age 21 or 26.
Serious Offense Exception – Serious felony adjudications remain on record indefinitely.
FDLE Petition – We prepare and file the certificate-of-eligibility application.
Court Order – We appear to obtain the sealing or destruction order.
Complete Juvenile Defense FAQ
Florida juvenile court is bench-tried (no jury), focused on rehabilitation rather than punishment, and largely confidential. Petitions are heard by a delinquency judge, dispositions are handled by DJJ, and records can be sealed or destroyed. But the system still imposes real consequences, and serious cases can be sent to adult court.
A civil citation under § 985.12 is a pre-arrest diversion issued by law enforcement for eligible first-time misdemeanor offenses. Completion (typically community service and workshops) means no arrest record, no fingerprints on file, and no delinquency case. We push for citation issuance whenever available.
The RAI is the DJJ score sheet used to decide whether a child is held in secure detention before hearing. It weighs charge severity, prior record, and community ties. We challenge RAI errors and inflated scoring at detention hearings.
Yes. School Resource Officers routinely interrogate students. Miranda applies when the interrogation is custodial and criminal in nature — an area where we frequently challenge admissions. Instruct your child to say nothing and ask for a lawyer, even at school.
Direct file is the State Attorney’s unilateral authority under § 985.557 to charge children 14+ as adults for felonies. We fight direct file through pre-file advocacy, motions to return to juvenile court, and, in adult court, motions for youthful offender sentencing.
Most juvenile records are confidential and destroyed at age 21 or 26, but serious felony adjudications remain on record indefinitely. Background checks can still find juvenile records in some contexts. Sealing under § 943.0515 is available for eligible cases.
No. “Admission” is the juvenile-court equivalent of a guilty plea. Never admit without counsel. Even for minor cases, an admission can trigger DJJ commitment, school discipline, and long-term record consequences. We advise on every plea decision.
Yes. “Withhold of adjudication of delinquency” is common for eligible cases and often paired with juvenile probation. A withhold typically preserves eligibility for sealing and can prevent the collateral consequences of a formal adjudication.
After adjudication (or admission), the judge holds a separate disposition hearing to decide the outcome — warning, probation, non-secure placement, or secure DJJ commitment. DJJ prepares a predisposition report (PDR) that heavily influences the outcome. We prepare rebuttals and mitigation.
Fees depend on the charge, whether direct file is involved, and how far the case proceeds. Smith & Eulo offers free consultations and payment plans. Given the lifelong impact of a juvenile adjudication, investing in experienced counsel is one of the most important decisions parents can make.
Contact Us Today For Your Free Consultation
If your child has been arrested, call us right away. Available 24/7, free consultation, and payment plans available.
What To Do Right Now
Instruct your child to say nothing. No statements to police, SROs, or DJJ intake without a lawyer.
Note the JAC intake time. The 24-hour detention hearing clock starts there.
Preserve evidence. Save texts, videos, school incident reports, and witness contacts.
Contact the school. Ask that no disciplinary hearing occur until counsel is retained.
Call us immediately. Detention hearings are within 24 hours — having counsel there matters.
Related Resources
Civil Citation Program – Statewide first-offense diversion
Teen Court – Peer-jury diversion program
Direct File Reform – Understanding § 985.557 and motions to return
School Discipline & the Law – Expulsion hearings and IEP protections
Sealing Juvenile Records – § 943.0515 process and eligibility
