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Juvenile Offenders | Florida Criminal Defense

Juvenile Offenders | Florida Criminal Defense

Affordable Criminal Defense Attorneys Florida

Who Would Be Referred To As a Juvenile Offender?

This applies to a person who is not of adequate age to be tried before a court as an adult. Naturally each state possesses different statutory requirements as to this age, but normally it is 17 or 18. Also, there are instances where the age requirement can be decreased, such as in murder or a crime of a sexual nature.

 

Is Juvenile Court Different?

When a youth is adjudicated a juvenile offender, he or she is referred to juvenile court, where the primary purpose is to return the juvenile to society after figuring out why the crime occurred in the first place, rather than imposing punitive measures. In many cases, a defendant of this nature is often referred to as engaging in a “delinquent act” instead of a “criminal offense.”

The juvenile justice system normally is supplied with a plethora of power to mete out individual sentences based on the details of each case. Of course, some juveniles are required to spend time in prison for the acts they have committed and they can be just as detrimental to society as their adult counterparts.

 

Do Juvenile Offenders have any Special Rights?

Each state has established their own legislation regarding this situation. There are states where some offenders of this nature can have a jury trial. Overall, a juvenile court is not as restrictive as an adult court. For example, allowances on what is admissible in court are more abundant.

 

Can a Juvenile be tried in adult court?

If the crime the juvenile has been charged with is classified as of a highly significant nature, yes. In some circumstances this is categorized as a discretionary waiver in which the prosecution requests this action. Then once a hearing is conducted, a judge decides the appropriate venue. In other cases, this is referred to as mandatory waiver, in which the legal regulations enforce the juvenile being tried as an adult.

There are a number of states that have implemented statutes are enabled to request adult charges for juveniles in certain situations without having to proceed through a hearing. When a juvenile is tried as an adult, they afforded the same protections and privileges.

 

Do adult courts apply adult sentences to Juvenile Offenders?

This depends solely upon the jurisdictional requirements and the charges, but there are states that provide the judge with the authority to mete out punishment for a juvenile as a juvenile even when being tried as an adult.

There are other states that require a combination of components for the sentencing. In these states, an adult sentence is only incorporated if a juvenile does not satisfy the conditions of his or her juvenile sentence. There are occasions, such as in a homicide, where a judge will sentence a juvenile in exactly the same fashion as an adult.

 

Will a Juvenile’s Record become public at a certain age?

This state of affairs alters by jurisdiction and can be predicated upon the terms of how the juvenile behaves once rehabilitated or simply the type of behavior he or she engaged in. There are instances, such as in crimes of sexual bent, the juvenile may have to enter the system as a sex offender no matter what. There are other jurisdictions that immediately close a juvenile record once that person does reach a certain number of years and in others, that record will remain available for public consumption unless the person actually receives a court order for the case to be private.

 

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