Do not let your child talk to the police. If you child has been accused of a crime by law enforcement, whether it is a minor crime like vandalism or petty theft, or a serious violent or sexual crime, your child needs the best representation they can get. Failing to obtain the proper legal representation can result in criminal penalties and a permanent record. Convictions can see your child lose scholarships, internships and job opportunities, and college applications. Liberty Law Group can help you understand the consequences and process for dismissing or expunging juvenile criminal charges.
Melbourne Lawyers for Juvenile Defense
If your child has been charged with a crime, know that you have options available. These charges can be extremely scary, especially if your child is about to go to college or is currently studying at university. These charges can result in expulsion, loss of scholarship, or other severe penalties when trying to enter the workforce.
Mark Germain is a dedicated criminal defense attorney located in Melbourne, Florida. A former prosecutor, Mark Germain understands how to protect his clients from false charges and overzealous prosecutors.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
Contact our office at (321) 775-3559 for a consultation on how we can defend you against juvenile crime charges.
- Common Juvenile Offenses
- Criminal Process for Juveniles
- Collateral Consequences
- What Are Potential Alternatives to Incarceration?
- Additional Resources
- Hire a Lawyer for Juvenile Defense in Brevard County Florida
Common Juvenile Offenses
Violent Crimes
- Aggravated Assault: Threatening someone with the intent to cause serious harm, often involving a weapon or dangerous object.
- Aggravated Battery: Inflicting serious bodily harm on another person, typically with a weapon or causing permanent injury.
- Assault: Threatening or attempting to harm someone without actually causing physical injury.
- Battery: Physically striking or touching another person against their will without causing serious injury.
- Robbery: Using force or the threat of force to steal from another person, often involving violence or weapons.
- Hate Crimes: Targeting victims based on race, ethnicity, religion, sexual orientation, or other protected characteristics.
- Bullying and Harassment: Repeatedly intimidating, harassing, or threatening others, either in person or online (cyberbullying).
- Animal Cruelty: Engaging in acts that cause harm or suffering to animals, such as neglect, abuse, or abandonment.
Theft and Property Crimes
- Petit Theft: Stealing property valued at less than $750, such as shoplifting or taking items from others.
- Grand Theft: Unlawfully taking property worth more than $750, such as electronics, vehicles, or other valuable items.
- Burglary: Unlawfully entering a building or dwelling with the intent to commit theft or another crime inside.
- Vandalism (Criminal Mischief): Damaging or defacing someone else’s property, such as graffiti, breaking windows, or other destructive acts.
- Auto Theft (Joyriding): Unlawfully taking or using a vehicle without the owner’s permission, often for temporary use.
- Trespassing: Entering or remaining on private property without the owner’s permission or after being asked to leave.
Drug and Alcohol-Related Offenses
- Possession of Marijuana: Possessing a small amount of marijuana, usually under 20 grams, without legal authorization.
- Possession of Drug Paraphernalia: Possessing items associated with drug use, such as pipes, bongs, or syringes.
- Underage Possession of Alcohol: Possessing or consuming alcohol while under the legal drinking age of 21.
- Public Intoxication: Being under the influence of alcohol or drugs in a public space, causing a disturbance or being a safety concern.
- Drug Distribution: Involved in selling or distributing illegal drugs or controlled substances, though typically in smaller amounts.
Driving-Related Offenses
- Driving Without a License: Operating a vehicle without a valid driver’s license or learner’s permit.
- Reckless Driving: Operating a vehicle in a manner that disregards the safety of others, often involving excessive speeding or dangerous maneuvers.
- Driving Under the Influence (DUI): Driving a vehicle while impaired by alcohol or drugs, even if the blood alcohol level is below the adult legal limit.
- Leaving the Scene of an Accident: Involved in a car accident failing to stop and provide necessary information or assistance, especially if property damage or injury is involved.
- Fleeing or Attempting to Elude: Attempting to evade law enforcement in a vehicle, often after being signaled to stop.
Sexual and Related Offenses
- Lewd or Lascivious Conduct: Engaging in indecent or inappropriate sexual conduct, often involving minors or in public settings.
- Sexting: Sharing or receiving sexually explicit images or messages, particularly involving minors.
- Sexual Battery (Rape): Engaging in non-consensual sexual acts or forcing another person to participate in such acts.
- Indecent Exposure: Intentionally exposing private parts in public or to others without consent.
School-Related Offenses
- Fighting in School: Engaging in physical altercations with other students, often resulting in injuries or disruption of school activities.
- Bringing Weapons to School: Bringing dangerous weapons, such as firearms or knives, onto school property.
- School Vandalism: Damaging or defacing school property, such as graffiti, broken windows, or destruction of equipment.
- Disrupting School Functions: Engaging in behavior that disrupts the normal operation of school activities, including verbal threats, harassment, or disturbances.
Weapons-Related Offenses
- Possession of a Firearm: Unlawfully possessing or carrying a firearm without proper legal authorization.
- Carrying a Concealed Weapon: Carrying a concealed weapon, such as a knife or firearm, without proper licensing or permits.
- Improper Exhibition of a Weapon: Displaying or brandishing a weapon in a threatening or reckless manner.
Public Order and Safety Offenses
- Resisting an Officer: Obstructing or refusing to cooperate with law enforcement, such as running away or providing false information.
- Disorderly Conduct: Engaging in disruptive or unruly behavior in public that disturbs the peace, such as fighting, shouting, or causing a public disturbance.
- Curfew Violation: Being in a public place or out in the community during restricted hours as set by local ordinances.
- False Reporting of a Crime: Intentionally providing false information to law enforcement, leading them to believe a crime has occurred.
Fraud and Financial Crimes
- Identity Theft: Using someone else’s personal information to commit fraud or other illegal activities.
- Check Fraud: Writing or cashing fraudulent checks, often using someone else’s account information.
- Credit Card Fraud: Using stolen or unauthorized credit card information to make purchases or transactions.
- Forgery: Falsifying signatures or documents for personal gain or to deceive others.
Gang-Related Offenses
- Participation in Gang Activities: Engaging in activities associated with gang involvement, including violent or criminal acts.
- Gang Recruitment: Attempting to recruit others, especially minors, into a gang or criminal organization.
Internet and Technology-Related Offenses
- Cyberbullying: Using electronic means, such as social media or messaging, to harass, intimidate, or harm others.
- Unauthorized Use of Computers: Accessing computers, networks, or digital information without proper authorization, often with the intent to steal data or cause harm.
- Online Threats: Making threats of violence or harm against others through online platforms or social media.
Criminal Process for Juveniles
In Sarpy County, Nebraska, the juvenile justice process emphasizes rehabilitation over punishment, involving various pathways based on the nature and severity of offenses.
- Intake and Initial Screening: When a juvenile is arrested, an intake screening conducted by probation officers determines whether detention is necessary. The process includes assessments of mental health, substance use, and potential risks. Based on this evaluation, juveniles may either be detained or released to a guardian while awaiting court proceedings.
- Diversion Programs: Sarpy County offers several diversion programs to provide alternatives to formal court involvement for first-time or low-level offenders. Programs include the Teen Court, where minors who admit to certain offenses (e.g., minor in possession, shoplifting) face a peer jury and can avoid a criminal record upon successful completion. Diversion programs might involve community service, counseling, educational workshops, or structured supervision such as the C.A.R.E. electronic monitoring program, which ensures compliance and accountability outside of detention.
- Detention and Probation: For more serious cases, juveniles may be detained at the Patrick J. Thomas Juvenile Justice Center, a facility with educational and therapeutic resources. If placed on probation, juveniles must follow specific court-ordered conditions, such as attending school, completing treatment programs, and undergoing drug testing. Probation officers monitor compliance and report to the court through regular hearings.
- Court Proceedings: In court, juveniles have the right to legal representation and can face adjudication hearings, where the court determines whether they have committed a delinquent act. A pre-dispositional investigation by probation officers helps the judge decide on a suitable rehabilitation plan. The court may order substance abuse treatment, therapy, or other support based on individual needs.
Collateral Consequences of a Conviction
A juvenile conviction can create significant barriers to education. Many schools have strict policies about admitting students with criminal records. This can lead to expulsion or suspension, limiting the individual’s access to education and future opportunities. Moreover, colleges and universities may be reluctant to admit someone with a criminal record, potentially blocking their path to higher education.
In the job market, having a criminal record can be a serious obstacle. Even though juvenile records are often sealed, employers in some fields, like law enforcement, education, and healthcare, may still have access to this information. A record can limit the types of jobs available to the individual, as some employers may be hesitant to hire someone with a criminal background.
What Are Potential Alternatives to Incarceration?
- Probation: Probation allows a juvenile to stay within their community under the supervision of a probation officer rather than being placed in a juvenile detention facility. According to Florida Statutes Section 985.435, probation may include specific conditions such as attending school regularly, adhering to a curfew, or participating in community service. These conditions are designed to help the juvenile develop positive behavior while being monitored closely. If the juvenile fails to meet these conditions, they may face stricter penalties.
- Community Service: The court may order a juvenile to perform community service as an alternative to detention. This involves the juvenile contributing to the community through volunteer work, which can include activities such as cleaning public spaces, working with nonprofit organizations, or other community-benefiting tasks.
- Diversion Programs: Diversion programs, governed by Florida Statutes Section 985.126, are designed to keep juveniles out of the formal judicial system. These programs may include counseling, educational classes, substance abuse treatment, or behavioral therapy. Juveniles who successfully complete a diversion program often have their charges dismissed, avoiding a formal criminal record.
- Youthful Offender Program: The Youthful Offender Program, under Florida Statutes Section 958.04, is available for certain juveniles who meet specific eligibility criteria. This program offers a more rehabilitative approach, focusing on education, vocational training, and structured supervision. The goal is to provide juveniles with the skills and support they need to make positive life choices.
- Restitution: Florida Statutes Section 985.437 allows the court to order a juvenile to pay restitution to the victim as a way of compensating for any harm caused by their offense. This can include paying for damaged property or medical expenses.
- Treatment: For juveniles who have underlying mental health or substance abuse issues, the court may order participation in a treatment program instead of detention.
Conditional Release
According to Florida Statutes Section 985.46, conditional release helps juveniles transition from residential programs back into their communities by providing care, supervision, and services aimed at rehabilitation. It focuses on public safety, reducing repeat offenses, and promoting responsible behavior. Planning for this release starts early in the juvenile’s commitment, and services are provided unless the court orders otherwise. Key conditions include attending school, following a curfew, avoiding drugs, firearms, and negative influences.
Additional Resources
Florida Department of Juvenile Justice Services – The Florida Department of Juvenile Justice provides a range of services and programs aimed at helping youth in Florida. These services include detention centers, probation programs, and educational opportunities like the Florida Scholars Academy. The department focuses on prevention, rehabilitation, and support for both youth and families, ensuring they receive the help they need to stay on the right path.
Florida Statutes Chapter 985 – This chapter of Florida Statutes outlines the procedures for handling juvenile justice in the state. The law covers everything from the general provisions, custody, intake, and intervention, to the authority of the court and transfer to adult court. This law clarifies how to manage juvenile cases, ensuring fair treatment while addressing the issues related to juvenile offenses.
Juvenile Delinquency Benchbook – The Juvenile Delinquency Benchbook is a resource designed to help judges handle juvenile delinquency cases in Florida. It provides guidelines for various hearings, including detention, arraignment, adjudication, and disposition. The benchbook aims to help ensure that cases involving young offenders are handled appropriately and fairly.
Teen Court – Teen Court offers an alternative to traditional juvenile court for first-time youth offenders. In this program, teens are judged by their peers, with other students serving as attorneys, clerks, and jurors. The goal is to use positive peer pressure to correct behavior, providing young offenders with a second chance to avoid a criminal record. Successful completion of the program results in the charges being dropped, helping youth learn from their mistakes without severe legal consequences.
Hire a Lawyer for Juvenile Defense in Brevard County Florida
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
Contact our office at (321) 775-3559 for a consultation on how we can defend you against juvenile crime charges.
