MenuWhen a young person faces criminal charges in Miami, the stakes go way beyond the immediate legal consequences. At George Law, we recognize that juvenile cases require a customized approach that strikes a balance between accountability and opportunities for rehabilitation and growth.Â
Our Miami juvenile criminal defense practice focuses on protecting the futures of young people throughout Miami-Dade County. We work within the juvenile justice system to achieve outcomes that prioritize education, treatment, and second chances rather than punishment alone.
Key Takeaways About a Miami Juvenile Criminal Defense
- Florida’s juvenile justice system handles cases differently from adult criminal courts, emphasizing rehabilitation over incarceration.
- Juvenile records can be sealed or expunged, protecting young people’s future opportunities in education and employment.
- Miami-Dade County offers numerous diversion programs designed specifically for youth offenders to avoid formal prosecution.
- Parents and guardians play a critical role throughout the juvenile justice process and must understand their responsibilities.
- Early legal intervention by George Law can prevent juvenile charges from escalating and help secure alternatives to detention.
How Miami’s Juvenile Justice System Works
When police arrest a juvenile in Miami, they’re typically taken to the Juvenile Assessment Center at 3300 NW 27th Avenue. This facility is separate from the adult jail system. Intake staff assess the situation, contact parents or guardians, and determine whether the youth will be released to their family or held in secure detention. They consider the severity of the alleged offense, the juvenile’s prior record, and safety concerns.
Types of Offenses Commonly Charged Against Miami Juveniles
School-Related Incidents
Many juvenile arrests in Miami-Dade County stem from incidents on school campuses, including fights, possession of weapons, vandalism, or theft, such as those at Miami Senior High or Coral Gables Senior High. School resource officers from the Miami-Dade Schools Police Department often make arrests, leading to charges rather than just school discipline.
Drug Possession Charges
Drug possession is another common issue for Miami youth. Whether involving marijuana, prescription medications, or other controlled substances, these cases carry serious consequences.
Florida law treats juvenile drug offenses seriously, with potential detention, probation, and mandatory treatment even for first-time offenders. Youth in specific Miami neighborhoods may face charges merely for being present during drug discoveries.
Property Crimes
Burglary, trespassing, and vehicle theft lead to numerous juvenile arrests throughout South Florida. The Miami Beach area sees frequent arrests of young people accused of theft from vehicles or burglary of hotel rooms. Cybercrime charges involving computer fraud, identity theft, or online threats are becoming increasingly common as technology plays a larger role in the lives of young people.
The Intake and Diversion Process
How Intake Works
After arrest, Miami-Dade juvenile cases go through an intake process. A juvenile probation officer reviews circumstances and makes recommendations. This officer has significant discretion in determining how the case proceeds. For less serious offenses and first-time offenders, the intake officer may recommend civil citation, diversion programs, or informal sanctions rather than formal court prosecution.
Formal Court Proceedings in Miami Juvenile Court
Where Juvenile Cases Are Heard
Cases that are unresolved by diversion are moved to formal adjudication in the Juvenile Justice Center. Miami-Dade’s juvenile court follows different rules from adult court and is generally closed to the public to protect the minors’ privacy.
The Adjudication Process
Juvenile cases start with an arraignment where charges are presented and a plea is entered. Prosecution must prove guilt beyond a reasonable doubt. If found delinquent, the court enters an adjudication of delinquency, followed by disposition (sentencing).
Disposition Options
Juvenile disposition options, ranging from probation and residential programs to community service and restitution, vary by offense and background. Judges consider counseling, electronic monitoring, and input from probation officers, parents, and attorneys to assess rehabilitation potential.
When Juveniles Can Be Charged as Adults
Direct File Process
Florida law allows prosecutors to transfer certain juvenile cases to adult court through a process known as direct file. This prosecutorial discretion applies to specific serious felonies committed by juveniles aged 14 or older.
These include murder, sexual battery, gun crimes involving armed robbery, and other violent crimes. Cases transferred to adult court expose juveniles to adult sentences, including lengthy prison terms.
Consequences of Adult Prosecution
Prosecuting juveniles as adults has severe consequences, including permanent criminal records and placement in dangerous adult correctional facilities, hindering rehabilitation.
Challenging Direct File
Defense attorneys can file motions challenging discretionary direct file decisions, which waive juvenile cases for trial in adult criminal court.Â
For instance, this may happen if cases involve violent crimes and assault. Miami juvenile criminal defense lawyers argue that the juvenile system is better equipped to address the needs of young people.Â
Courts consider the juvenile’s age, maturity level, prior record, nature of the alleged offense, and likelihood of rehabilitation. Success in these motions can result in cases being returned to juvenile court.
Protecting Juvenile Rights During Investigation and Arrest
Young people have the same constitutional rights as adults when they are facing a criminal investigation. This includes the right to remain silent and the right to have an attorney present. However, juveniles often don’t understand these rights and may not recognize when they should invoke them. Miami police sometimes question juveniles at school, in their homes, or on the street without parents present.
Miranda and Custody Issues
Miranda warnings must be given before custodial interrogation. But determining when a juvenile is “in custody” can be complex. Young people may feel they can’t leave or refuse to answer questions, even when they are legally entitled to do so. Juveniles are more susceptible to coercive interrogation tactics and may provide false confessions.
The Impact of Juvenile Records on Future Opportunities
Sealing and Expungement
Florida law permits sealing or expunging juvenile records for individuals who complete diversion programs, receive withheld adjudications, or complete their sentences. Sealing records protects young people’s futures by making them inaccessible to most employers and schools.
Why George Law Stands Out Among Local Law Firms that Handle Miami Juvenile Criminal Defense Cases
Our firm brings a compassionate yet strategic approach to juvenile cases throughout South Florida. We understand that families facing juvenile charges are often frightened and uncertain about the process.
From our conveniently located office at 4040 NE 2nd Avenue, Suite 1D, Miami, FL 33137, near the vibrant Wynwood Arts District and the upscale Miami Design District, we provide accessible legal services to families throughout Miami-Dade County. We’re close to the illustrious South Beach area, famous for its white-sand beaches and Art Deco architecture.Â
Juvenile Criminal Defense in Miami FAQs
At what age can a child be arrested in Florida?
Florida law doesn’t specify a minimum age for arrest, meaning even very young children can potentially face juvenile charges. However, children under age seven are generally presumed incapable of forming criminal intent.
For children between 7 and 14, the prosecution must prove the child understood the wrongfulness of their actions. Most juvenile arrests in Miami involve teenagers, but younger children can and do enter the system. This makes early legal intervention important regardless of age.
Will my child’s juvenile record follow them into adulthood?
Juvenile records are typically confidential and separate from adult criminal records, but they don’t vanish at 18. Unless sealed or expunged, these records remain accessible to law enforcement and courts, potentially affecting future criminal cases and access by specific agencies. Sealing or expunging eligible records is vital for protecting a child’s future.
Can parents be present during police questioning of their child?
Parents have the right to be present during questioning of their minor child. However, police aren’t always required to wait for parents to arrive before questioning a juvenile. Once a child is in custody, Miranda rights apply. The juvenile can invoke the right to remain silent and request an attorney. Parents should instruct children to politely decline answering questions and ask for a parent and a lawyer to be present before any interrogation occurs.
What happens if my child misses a court hearing or trial date?
Missing a juvenile court appearance can result in serious consequences. These include issuance of a warrant for the juvenile’s arrest, potential detention, and negative impacts on the case outcome.Â
Courts view failure to appear as a sign of disrespect and lack of commitment to the process. If you know your child will miss a court date due to legitimate reasons like medical emergencies, contact your attorney immediately to request a continuance. Never simply fail to appear without prior court approval.
Are juvenile court proceedings open to the public in Miami?
Juvenile court proceedings in Florida are generally closed to the public to protect the privacy of minors. Only parties directly involved in the case are typically allowed in the courtroom. This includes the juvenile, parents, attorneys, and relevant agency representatives.Â
Confidentiality extends to court records, which aren’t publicly accessible in most cases. However, certain serious felonies may be subject to different rules, and cases transferred to adult court become public proceedings.
Take Action to Protect Your Child’s Future: Contact a Miami Juvenile Criminal Defense Attorney at George Law.
Don’t wait to seek legal help. Contact George Law today at (305) 977-4529 to schedule a confidential consultation. A Miami juvenile criminal defense attorney can support your case and answer your questions, allowing you to move forward with confidence.