West Palm Beach Juvenile Crime Lawyer
Juveniles sometimes make foolish errors that can result in criminal prosecution. These mistakes can lead a young person down a dangerous path toward more serious problems later on. The teenage years are an important developmental stage, so Florida law places extra restrictions on young people’s actions, called juvenile status offenses, in order to protect them. If your child has committed a status offense, you should consult with an West Palm Beach juvenile crime lawyer to review your child’s options and discuss the legal impact of his or her actions.
A crime committed by a juvenile can be just as serious as one committed by an adult. This is because in many cases the prosecution will attempt to try the juvenile in adult court—and seek adult punishments. It is therefore extremely important to obtain the counsel of an experienced West Palm Beach criminal defense lawyer if your child has been charged with a juvenile crime.
My name is William Wallshein and I am a dedicated West Palm Beach juvenile crime defense attorney. I have over 38 years of experience as an attorney in the Florida criminal justice system, including five years as a state prosecutor. Having seen how juvenile cases proceed from both sides, I have a unique and valuable perspective regarding these types of cases.
Status Offenses in Florida
A status offense is an act that is prohibited simply because of the offender’s status as a minor. If an adult committed the act that qualifies as a status offense, there would be no legal consequences. Some common status offenses in Florida include:
- Running away from home;
- Truancy;
- Ungovernability, or disregarding parental authority;
- Violating a curfew; or
- The use or possession of alcohol and tobacco.
In contrast, a child is a juvenile delinquent if he or she steals, assaults someone, possesses illegal drugs, or vandalizes property. These are actions that are illegal for everyone, not just juveniles. The commission of a juvenile delinquency offense is more serious than a status offense, and thus carries harsher penalties.
Consequences
Since status offenses are designed to protect the children who commit them, the goal of their punishment is to help juveniles understand the consequences and dangers of their behavior. Though children need to learn that there are consequences for their actions, it is important to avoid harming them with harsh punishments for actions that are illegal simply because of their age, rather than any inherent wrongness. Thus, status offenses in Florida are often punished by:
- The revocation of driving privileges by suspending either a youth’s license or his or her eligibility to obtain one;
- Community service;
- Fines; or
- Substance abuse or mental health counselling.
Generally, however, incarceration is not a permissible consequences for a status offense.
Family Services
Children in Need of Services (CINS)/Families in Need of Services (FINS) is a crisis response program in Florida to assist children who have committed status offenses and their families. CINS/FINS services are available to children who have been referred to the Department of Juvenile Justice for:
- Habitual truancy;
- Persistent running away; or
- Persistent ungovernability.
CINS/FINS provides both residential and nonresidential services in its intervention programs for helping families whose children are at risk of getting in more serious trouble. Residential services include a few days’ or weeks’ stay for the child, who will, during that time, get counseling, physical and mental health screenings, educational support, etc. Nonresidential services include individual and family therapy for the child. The juvenile court may get involved in a CINS/FINS case only after all less restrictive options have been exhausted.
Florida Tries Juveniles as Adults in Many Cases
While there is a separate justice system designed to handle minors charged with criminal offenses, juveniles are only tried in this system in some instances. When a minor commits a more serious offense, the State of Florida may opt to try that minor as an adult, and subject him or her to same the range of possible sentences as an adult.
For example, if a minor 14 years old or older is charged with a severe offense such as murder, sexual battery, robbery, kidnapping, aggravated child abuse, aggravated assault, aggravated stalking, or aggravated battery, the prosecutor can directly file the case in the criminal court. A minor who is 16 years old or older and who is charged with a second felony offense or a third misdemeanor offense may be prosecuted in adult criminal court.
The State of Florida may also charge any minor accused of an offense as an adult if the prosecutor can convince the court that it is in the best interest of the community and the minor. For these reasons, it is critically important for a juvenile who is in trouble with law enforcement to secure the assistance of an attorney who knows the ins and outs of the Florida criminal justice system.
How I Can Help with Your Case
I will do everything I can to make sure that the charge your child is facing will affect their life as little as possible. I can defend your son or daughter against any juvenile criminal charge, including:
- Shoplifting
- Vandalism
- Trespassing
- Driving without a license
- Gang-related offenses
- Drug offenses
- Firearms, burglary and theft
- Sex offenses
- Battery
- DUI
The first—and most important—thing in every case is to do everything we can to ensure that your child is tried in the juvenile system. The Florida juvenile justice system is focused on rehabilitation, rather than punishment. So even if your child is adjudicated “guilty,” verdicts in the juvenile system are much more lenient than in the adult system.
Sentencing in the Juvenile Justice System
The sentences in Florida’s juvenile justice system are focused more on allowing the juvenile to become a productive member of society than on penalizing him or her. While a juvenile’s sentence may result in some kind of detention, that is not the primary sentencing option. A few of the most common alternative sentences that judges will sometimes use when sentencing juveniles are:
- Community Service
- Juvenile probation
- Removing the juvenile from his or her home
- Commitment to the Department of Juvenile Justice (4 levels of seriousness)
- Low risk: 30-45 days
- Moderate Risk: 4-6 months
- High Risk: 6-9 months
- Juvenile Prison: 18-36 months
- Parental liability of up to $2,500
When I represent your child, I can rely on my decades of experience working in the Florida criminal justice system to negotiate with the prosecution, and if needed, advocate to the judge, for an alternative sentencing outcome such as one of those described above.
What To Do if Your Son or Daughter Has Been Charged With a Juvenile Offense
If your child has been charged with a juvenile offense, you should speak to West Palm Beach juvenile crime lawyer William Wallshein as soon as possible to discuss the specific facts of the case. I have over 38 years of experience in the Florida criminal justice system. As a former prosecutor, I have seen cases from both the prosecution and the defense side, and I know what it takes to obtain a favorable result for my clients. Contact me online, or call 561-533-1221. I am available to meet with you in my West Palm Beach office, or in my second location in West Palm Beach; both offices are right off I-95. I accept credit cards.
