Taken into Custody

Adults are arrested for law violations. The term used in juvenile court to describe an arrest is "taken into custody." Children taken into custody in Polk, Highlands and Hardee counties are transported to the Juvenile Assessment Center (JAC), a centralized processing center, by the arresting police agency.

At the JAC, the child may be evaluated and questioned regarding his life, family and peers as well as his involvement in the charges. The answers the child gives at the JAC will be shared and used by many state agencies including the police and the State Attorney's Office.

A Department of Juvenile Justice (DJJ) caseworker at the JAC conducts a detention risk assessment to determine whether the child can be legally detained before the first court hearing. The risk assessment is a point system in which points are assigned for each charge. The more serious the charge, the more points assigned. There are additional points for having a prior delinquency history with the juvenile justice system. The DJJ uses the "score" to determine whether the juvenile may be released or will be detained at the Juvenile Detention Center. Generally, if the child is taken into custody on a third degree felony charge involving violence or any higher degree of felony, the child will be detained and transported from the JAC to the Juvenile Detention Center, a temporary holding facility for juveniles comparable to jail in the adult system.

A detained juvenile is not entitled to bond, but will appear before a judge for a detention hearing within 24 hours.

Juvenile Detention Center

A judge can order that a child be held in secure detention (a lock-up facility that is the juvenile justice system's equivalent of adult jail) if the child is assessed to be a risk to public safety. The child can be confined for up to 21 days while awaiting the adjudicatory hearing (trial) on the charges. The judge also has the option to order non-secure detention or home detention, which can involve the use of electronic monitoring.

Indigency Screening

In all cases, a judge requires defendants who wish to be represented by the Public Defender to fill out a financial affidavit and may impose a $40 application fee. Florida law authorizes the Public Defender to represent all clients regardless of their ability to pay the $40 application fee. In juvenile court, if the child wishes to be represented by an attorney, but does not have the funds to hire a private attorney, the child, parent, or guardian fills out the application for the services of the Public Defender.

Appointment of the Public Defender by the Judge

A judge can appoint the Public Defender to represent a child after reviewing the financial affidavit and determining that the child or his family is indigent. As defined in Florida law, a person who has income that is equal to or less than 250% of the current federal poverty guidelines, or who is unable to pay for the services of a private attorney without substantial hardship to his family, is indigent and qualifies for the services of the Public Defender.

Detention Hearing

• Explain the nature of charges against the child;
• Determine whether the police had probable cause to take the child into custody;
• Determine whether the child's family can pay for an attorney, and if they cannot, appoint the Public Defender;
• Set a date for the adjudicatory hearing (trial); and
• Determine whether the continued detention of the child is necessary.

If the judge determines that the child should remain detained, the judge has three levels of security and supervision available: home detention, non-secure detention and secure detention. Pre-trial detention cannot exceed 21 days without an adjudicatory hearing (trial).

Home detention is similar to "house arrest" in the adult system. A youth can be placed in his home, the home of a responsible friend or relative, a dependency shelter or foster home setting. The DJJ will make periodic face-to-face and telephone contact with the youth and the youth's family and school personnel. The child cannot leave the home except to attend school without special permission. The judge may require that the youth wear an electronic monitoring device.

Non-secure detention is an alternative with a home-like setting. The judge may require the youth to wear an electronic monitoring device. The provider of the non-secure detention is responsible for ensuring that the youth receives adequate supervision and attends school, court and scheduled appointments. The provider also must supply proper food, shelter, medicine and recreational opportunities.

Secure detention is a jail-like facility operated by the DJJ. The judge may order secure detention for a youth depending on the charges, previous history, home and school assessments and public safety concerns.

Filing of Formal Charges

The prosecutor has the discretion to file formal charges. The charging document which formally accuses the child of a criminal violation is called a delinquency petition. The prosecutor may file the petition even if witnesses do not want to testify against the child or do not want the case to proceed.

In some cases, the prosecutor can also unilaterally choose to file charges against children as young as 14 years old in the adult court division. If this occurs, the juvenile will be prosecuted in the same way as an adult. That is, the child may be transferred to adult jail and face adult court sanctions.

Juveniles Charged as Adults

• Indictment - The State can seek to have a grand jury indict juveniles of any age. Indictments are usually for offenses that are punishable by death or life imprisonment, and cases where the child is younger than 14 years old.
• Waiver - A waiver motion is a request made by the prosecutor asking the juvenile court judge to transfer a child at least 14 years old to adult court. The judge conducts a hearing and reviews the child's history, the charge and potential for rehabilitation, then either grants or denies the prosecutor's request. The judge's decision is based on legal criteria, the facts of the case and the child's circumstances. A child of any age, with the consent of parent or guardian, can also request to be waived to adult court although this is extremely rare.
• Direct File - There are two types of direct file: mandatory and discretionary. A direct file is a transfer to adult court by the prosecutor. The juvenile court judge has no authority to prevent the transfer and no hearing will take place. This means that these juveniles have been transferred without the benefit of a judicial hearing, so there has been no judgment by a neutral judicial officer that there are services in the adult system for them, or that they are inappropriate for services in a juvenile court.

Mandatory direct files stem from a state law requiring that for certain crimes a child 16 years and older be tried as an adult. The law allows no exception.

The discretionary direct-file law allows the prosecutor to file charges for certain crimes against a child 14 years or older in adult court. The decision to send a discretionary case to the adult court lies solely with the prosecutor. A judge cannot reverse a prosecutor's discretionary decision to direct file a case, even if he disagrees. The prosecutorial decision to direct file a discretionary case is non-reviewable and non-appealable. If the prosecutor chooses to direct file, the charging document will be filed in adult criminal court.

Arraignment

The arraignment for a detained child must be held within 48 hours following the filing of a delinquency petition. Arraignment is a hearing at which the judge informs the child of the formal charges in the delinquency petition. If the child qualifies, and the court has not already appointed the Public Defender, the Public Defender will be appointed at arraignment. At the arraignment the child typically enters a plea of not guilty and the case is set for an adjudicatory hearing (trial). The adjudicatory hearing is the equivalent of a trial without a jury.

Defense Case Preparation

Between the arraignment date and the trial date, the child needs to meet with the defense attorney to discuss the case. The defense attorney will begin preparing for trial by filing motions, investigating allegations and other aspects of the case as well as taking depositions and interviewing witnesses. The client has the right to assist in the preparation of his own defense.

One of the most significant ways a client can assist in the preparation of his defense is by providing the defense attorney with the names and addresses of witnesses not listed by the prosecution, who can testify to circumstances that may prove the client is not guilty or help show that the crime was not as serious as the prosecutor contends. The client and his family must not contact the alleged victim or the witnesses listed by the prosecution or send other people to talk to them because the prosecutor may charge the client with an additional crime of tampering with witnesses. It is the defense attorney's job to speak to the witnesses and alleged victim.

The defense attorney may file motions requesting the witness list, police reports, witnesses' statements, reports of experts and any other evidence in the case. The process by which the prosecution and the defense search for the facts of the case is called "discovery." The deposition of witnesses is a discovery tool for uncovering the facts. In a deposition, the prosecutor and defense counsel are present to take the sworn statements of witnesses. Discovery depositions area very useful for both sides because they allow the parties to evaluate the strengths and weaknesses of the case prior to trial.

The defense attorney may speak with the prosecutor to get some idea of the prosecutor's evaluation of the case. Depending on the strength of the defense's case, the prosecutor may decide to dismiss all charges, offer a lesser sentence or drop some of the charges against the child in exchange for a plea of guilty or no contest to other charges.

Guilty and No Contest Pleas

A client can change his plea of not guilty to either "guilty" or "no contest" at any time. A guilty or no contest plea can also be negotiated between the prosecutor, the defense attorney and the client. In exchange for the client's acceptance of the negotiated plea, the prosecutor may drop or reduce charges, or agree to a lesser sentence. If the prosecutor makes a plea offer, the defense attorney has an ethical duty to tell the client about the plea offer, even if the client has previously told the attorney that he wants to go to trial. The client has the right to accept or reject a plea offer.

If the client chooses to plea either guilty or no contest, he gives up significant rights and may face serious consequences. (See below)

Before accepting the guilty or no contest plea, the judge will question the client to make sure that he understands his rights; there was no improper pressure to accept the plea; the client knows what he is doing; he voluntarily agrees to the plea, and evidence in the case supports a finding of guilt.

If the judge accepts the plea, the judge will then proceed to sentence the client.

Consequences of a Guilty or No Contest Plea

• Investigate the case further
• Proceed to trial
• Have an attorney represent him at trial
• Compel the attendance of witnesses at trial
• Confront witnesses who testify against him
• Testify at trial
• Remain silent at trial
• Appeal

Adjudicatory Hearing (Trial)

Juveniles do not have the right to a jury trial in juvenile court. The adjudicatory hearing, or trial, is the fact-finding part of the case. Witnesses come before a judge to answer questions from the attorneys regarding the charges. The judge decides the believability of the witnesses and the strength of their statements. The judge then decides whether the child is guilty. Just as in adult court, no one can be found guilty unless the prosecutor proves the charges beyond a reasonable doubt. The child does not have to testify or prove anything. The child may also bring in witnesses.

As in all trials, there can be opening statements, presentation of evidence, cross-examination and closing arguments. If the judge finds the child not guilty, the case is over and the child does not need to come back to court. If the judge finds the child guilty of committing the delinquent act, the judge can set a new date for the disposition (sentencing).

By law, a juvenile may be held 21 days prior to his adjudicatory hearing and up to 15 days following an order of adjudication.

Disposition Hearing

A disposition hearing in the juvenile system is the same as a sentencing hearing in adult court. However, the judge in juvenile court cannot sentence a child to serve time in jail. In the adult system the focus of sentencing is punishment only. In the juvenile system the judge focuses on the child's needs and strengths and combines treatment with discipline. The judge generally orders the DJJ to prepare a predisposition report (PDR), which includes information about the family, school, education, psychological and delinquent history of the child and recommendations for the judge to consider at disposition. Before the disposition hearing, the child and his family should meet with the defense attorney and the DJJ probation officer to decide on the most appropriate intervention.

The judge has sentencing options. The judge can place the child on probation with many different kinds of conditions and restrictions, such as curfew, repaying the victim for any damages or performing community service hours. The judge can commit the child to the DJJ to be placed in a commitment program. The judge can also send the child to mental health and drug treatment programs. In cases in which the juvenile is accused of serious crimes, the judge can order the child to be held after disposition while awaiting placement in a residential treatment program.

Commitment Programs

Juveniles can be placed in residential commitment programs. Florida law provides guidelines for the judge to follow when deciding to place a child in a commitment program. The guidelines are based on risk levels, ranging from low to maximum. The risk levels correspond to the degree of supervision the child requires - the higher the risk level the more intense the supervision. The restrictiveness levels of commitment programs range from low-risk residential (level 4) through maximum-risk residential (level 10). The period of time the child remains at any facility depends greatly on both the risk level decided by the judge and upon the child's progress. A child can remain under the supervision of DJJ until their 21st birthday.

Programs in higher restrictiveness levels are characterized by tighter physical security, closer supervision, and a longer length of stay. A juvenile placed in a commitment program is under the legal custody of the DJJ.

After being committed to a particular program level, the DJJ can transfer the child to a different or more restrictive program, if the child is unable or unwilling to successfully complete the program.