Juvenile Defense Attorneys

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Monroe County Florida Juvenile Defense Attorney

Monroe County youth who commit crimes can face the state’s juvenile justice system. The system claims to have a goal of intervention and treatment. However, being involved in the system can still create hardships and challenges for you, your child, and your family.

At Reed Palacios Law, our attorneys are former prosecutors and public defenders. Both Victor and Colleen have worked with children accused of crimes in their private practice and while working for the State of Florida. They understand the unique problems families face if their child is accused of a crime and know how to navigate the complicated world of juvenile justice in the Florida Keys.

Examples of Juvenile Offenses in Monroe County

The Monroe County juvenile justice system is distinct from the adult criminal justice system. Nonetheless, your child can become involved with the Monroe County court system for many of the same offenses that adults do:

Assault and Battery

Assault is unlawful threatening to commit violence against another, causing the other person to have a reasonable belief the person intends to physically harm them. Battery occurs when one person unlawfully hits another person. Your child might face these charges if they bully another student at school or a child in the neighborhood.

Disorderly Conduct

Making excessive noise, fighting, or otherwise disturbing the peace are all behaviors that can lead to disorderly conduct charges. What you and your child might consider to be play could be seen in a very different light by a witness. That witness’s statement and conclusions, though, can form the basis for a disorderly conduct charge.

Drug Possession and Drug Paraphernalia

Your child does not have to have drugs or paraphernalia on them to be charged with possession. Police can file these charges if they find marijuana, smoking devices, or other prohibited items near your child’s belongings or in a car in which they were riding. It does not always matter if someone else owned or purchased the illegal items.

Other Delinquent Behavior

Any other crime that would be a misdemeanor or felony if an adult committed it is considered a juvenile delinquent act. This includes but is not limited to:

Theft and larceny
Driving under the influence of alcohol or drugs
Trespassing
Destruction of property
Resisting Arrest

Your child being cited or arrested for a delinquent act is a crucial step in the overall juvenile process, but it is just the beginning. Later stages can present opportunities for your child’s legal rights and future to be impacted. Therefore, it is essential to secure legal counsel as soon as possible.

What Are Penalties for Acts of Juvenile Delinquency in Monroe County?

Just because a Monroe County court cannot sentence your minor child to jail does not mean there are no consequences for a delinquent act. If your child is found delinquent, there are a number of potential penalties the court could impose as it seeks to rehabilitate and treat your child.

These penalties could include:

Fines

The specific amount that the court could fine your child depends on a number of factors, including the seriousness of the crime and your child’s history of offenses. Your child could remain under the court’s supervision or have additional sanctions imposed if these fines are not addressed promptly.

Restitution

If your child’s actions caused someone else financial harm, a Monroe County judge will likely order that your child pay restitution to the victim. This amount would be separate and distinct from any fines imposed and would go to making the victim financially whole.

Community Service

Judges in Key West, Marathon, and Plantation Key may be inclined to order that your child perform community service as a way of “giving back” to the community. The court may impose conditions on where these hours of community service can be performed. Expect that a court will assess community service in proportion to the severity of the offense.

Driver’s License Suspension

If your child is of driving age, the court may suspend their license as punishment for their behavior. This can impose significant hardships on you, especially if you were visiting Monroe County with your child and expected your child to help drive back. Driving with a suspended license can land your child in even more trouble with the law.

Counseling

Given that one of the primary goals of the juvenile justice system in Monroe County is rehabilitation, it should come as no surprise if a court orders your child to attend counseling. A court will be inclined to order counseling in cases involving drugs, alcohol, or behavior issues like anger or sexual violence.

Confinement

If the court does not believe your child’s current living environment is appropriate for their safety and treatment, the court may change where or how your child lives.

This could include ordering your child to house arrest or directing that your child live with a relative. In extreme cases, the court could order your child to be housed in a juvenile detention center.

No matter the penalty or penalties imposed, your child will likely have a juvenile services officer assigned to monitor their progress. This person can report violations of the court’s orders back to the prosecutor and judge. These can cause additional proceedings and further sanctions against your child.

One of the chief jobs of your juvenile defense lawyer in Monroe County is to prevent your child from being adjudicated as delinquent. Where this is impossible, the next objective is to minimize the penalties and consequences they face. When you have a former prosecutor and public defender working for you, this is an achievable goal.

What Are Frequently Asked Questions About Juvenile Offenses in Monroe County, Florida?

The adult criminal justice system can be confusing, and the juvenile system is even more so. At Reed Palacios Law, we are here to answer all of your questions, such as:

Will the Court Transfer Our Child’s Proceedings Out of State if We Do Not Live in Monroe County?

No. If law enforcement alleges your child committed a delinquent act in Monroe County, then your child’s case will proceed in Monroe County. It is imperative that you retain Reed Palacios Law right away to help resolve your child’s case quickly.

What Is the Youngest That Someone Can Be Arrested for Committing a Crime?

A child under seven years old cannot be arrested for, charged with, or adjudicated for committing a delinquent act. The only exception to this general rule is in the case of forcible felonies.

Can a Child Be Tried as an Adult?

Yes, a child’s case can be transferred to adult court if they are 14 or over for any of the following enumerated felonies. In some cases, the transfer to adult court is discretionary. In those circumstances, the prosecutor uses his or her discretion to file a motion with the court to transfer to adult court. This can take place for any crime committed by a child 14 or over. The prosecutor will consider such factors as the child’s age, the severity of the crime, the child’s criminal history (if any), and the consequences to the victim, if one is involved. In these situations, the Judge will determine whether or not to grant the transfer.

In other cases, for certain enumerated crimes and based on the child’s criminal history, the prosecutor must move to transfer to adult court. In those cases, the Judge presiding over the child’s case either grants the motion to transfer, or submits an order explaining the reasons he or she did not grant the transfer.

What Happens After My Child Is Arrested?

If law enforcement arrests your child, they should promptly contact you. They will then take your child to a juvenile assessment center to be booked and fingerprinted. There, they will also determine whether your child should go home with you or detained in a detention facility.

Speak to Reed Palacios Law About Your Child’s Legal Case

Your child deserves a vigorous and effective defense to any charges they may face. In Monroe County, the attorneys at Reed Palacios Law have the experience and dedication to provide this. Contact us immediately, and we will use our knowledge and resources to help you navigate the juvenile system.

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