What happens after a juvenile arrest in Palm Beach or Broward County?

Florida handles crimes by children under chapter 985, in a separate juvenile delinquency court whose stated goal, in the Seventeenth Circuit's words, is "rehabilitation and/or treatment of the child and family rather than punishment." The steps and deadlines are different from an adult case, and parents play a part at almost every stage. How Mr. Mead defends young people is on our juvenile offenses page. The full list of charges he handles is under criminal defense.

What happens after a juvenile arrest, step by step?

1. Custody and the call home. The officer must try to notify a parent, guardian or legal custodian, and keep trying until a parent is reached or the child is delivered to the Department of Juvenile Justice (s. 985.101(3)). For a felony or a crime of violence, the officer must also notify the school district (s. 985.101(1)(b)).
2. Release or the Juvenile Assessment Center. A child must be released "as soon as is reasonably possible," usually to a parent or another responsible adult, unless there is a need to hold the child (s. 985.115). Otherwise the child goes to the Juvenile Assessment Center (JAC) for processing and a detention risk assessment.
3. The detention hearing. A child placed in detention must have a hearing within 24 hours of being taken into custody (s. 985.255(1)). A child may not be held longer than 24 hours unless a court orders it (s. 985.26(1)).
4. The State Attorney's decision. The State Attorney's juvenile prosecutors decide whether to file a petition, offer diversion, or, for some felonies, file in adult court.
5. Arraignment and trial. If a petition is filed, the case moves through arraignment and an adjudicatory hearing. In Palm Beach, the State Attorney notes that "All juvenile trials are non-jury trials."
6. Disposition. If the judge finds the child committed the offense, the court decides the sanction, which may include probation, conditions, restitution or commitment.

Where does a juvenile case go in each county?

The Palm Beach Clerk describes the JAC as "a centralized processing, referral and evaluation center for all juveniles arrested in Palm Beach County," where law enforcement and social service agencies work together after the arrest. The Clerk's juvenile office is on the 3rd floor of the Main Courthouse, room 3.2200, (561) 355-6603; because the cases are confidential, it gives no information by phone, and a parent who wants to see the file must appear with government photo identification. How adult arrests differ, from booking to first appearance, is explained on the Palm Beach County jail and first appearance page.

Will my child be held, and for how long?

At the detention hearing, the judge decides whether the child stays in detention and at what level. The Seventeenth Circuit describes three levels of supervision: secure, non-secure or home detention. Continued detention depends mainly on the risk assessment instrument, along with narrow situations listed in s. 985.255(1), such as a child wanted elsewhere for a felony, an absconder, a child who has repeatedly failed to appear, or a "prolific juvenile offender" as the statute defines it. If the family cannot afford a lawyer, the court appoints one at the detention hearing (17th Circuit).

Time limits apply. A child generally may not be held in secure detention under a special detention order for more than 21 days unless the adjudicatory hearing has begun in good faith; the court can extend that by up to 21 more days for serious charges on good cause (s. 985.26(2)). Supervised release detention can run until the adjudicatory hearing, with a review hearing within 15 days after the 60th day (s. 985.26(2)(a)1.).

Can the case be diverted or kept out of court?

Often, for a first offense, yes. Every judicial circuit must have a prearrest delinquency citation program for misdemeanors, which lets an officer issue a citation instead of arresting; firearm offenses do not qualify (s. 985.12). After an arrest, the Seventeenth Circuit says the State Attorney "may choose to offer the minor a diversion program" for a first or second nonviolent offense. The Broward State Attorney says all youth referred for the first time for a misdemeanor or a nonviolent third-degree felony are referred to diversion, that the case is declined on completion, and that a youth who first refuses diversion gets a second chance after filing, with the case held for 180 days and then nolle prossed if it is completed and the youth stays arrest-free. Citations are explained in whether a child can get a civil citation instead of an arrest.

Can my child be charged as an adult?

Yes, for some offenses, by "direct file." For a child who was 14 or 15, the State Attorney may file in adult court for listed offenses, including robbery, aggravated assault, aggravated battery, armed burglary, carjacking, and grand theft of a motor vehicle in some cases (s. 985.557(1)(a)). For a child who was 16 or 17, the State Attorney may direct file any felony when the public interest requires it, and a misdemeanor only if the child has two prior adjudications or withholds, one for a felony (s. 985.557(1)(b)). In Palm Beach, the State Attorney's Felony Intake Unit "makes a final decision on charging juveniles in adult court." Once a child is convicted as an adult, later violations are handled as adult cases unless juvenile sanctions are imposed (s. 985.557(2)).

What changes the answer?

• The charge. Misdemeanors and nonviolent third-degree felonies are the usual diversion cases; violent felonies and firearm offenses are the usual exclusions (s. 985.12; Broward State Attorney).
• Age. 14 and 15 year olds can be direct filed only for listed offenses; 16 and 17 year olds for any felony (s. 985.557).
• Prior referrals. A second or third referral narrows the options and can make a child a "prolific juvenile offender" for detention (s. 985.255(1)(f)).
• Failure to appear. Missing court can itself be a reason to detain the child (s. 985.255(1)(e)).
• Driving. For a theft by a child under 18 with no prior record, a court may suspend or delay the driver license for 6 months to 1 year (s. 812.0155), as explained in what happens after a shoplifting arrest.
• Family situations. When the arrest grew out of a conflict at home, the line between discipline and abuse sometimes comes up; see where Florida draws that line.

A worked example

For example, take a hypothetical 15-year-old in Boynton Beach arrested with two friends for taking items from an unlocked car. Police call her mother and, because the charge is a felony, notify the school district. If the officers do not release her, she goes to the JAC on 45th Street in West Palm Beach for a risk assessment. If she scores for release, she goes home; if she is held, she sees a judge within 24 hours. With no prior record and a nonviolent third-degree charge, the State Attorney's Juvenile Division could offer diversion, and completing it could later support an application to expunge the arrest record under s. 943.0582. Burglary of a conveyance is not on the list for direct filing a 15-year-old, so her case would stay in juvenile court. This illustration is not a prediction for any case.

Common mistakes people make

• Letting the child talk to police about the incident before speaking with a lawyer.
• Calling the JAC or the clerk for case details; the Palm Beach Clerk gives no juvenile information by phone.
• Missing a court date or a diversion appointment, which can lead to detention.
• Assuming juvenile records are public or permanent; most are confidential, and some can be expunged early.
• Not asking whether diversion was offered or could be.
• Posting about the arrest on social media.

What to do this week

1. Write down when and where your child was taken into custody and who called you.
2. Keep any paperwork from the JAC, the detention hearing or the officer.
3. Note the next court date and any conditions, such as curfew or school attendance.
4. Bring photo identification if you need to see the court file at the clerk's juvenile office.
5. Ask a lawyer whether your child qualifies for a citation program or diversion.
6. Keep your child off social media about the case.

Frequently asked questions

Will my child be released to me the same day?

Often. A child must be released as soon as reasonably possible unless there is a need to hold him or her (s. 985.115). If the child is held, a judge decides within 24 hours.

Does my child get a jury trial?

No. Juvenile adjudicatory hearings are heard by a judge alone; the Palm Beach State Attorney says all juvenile trials are non-jury trials.

Are juvenile records public?

Court records are confidential and available only to the child, the parents, their attorney and agencies allowed by statute, according to the Palm Beach Clerk.

Can a juvenile arrest be erased?

A minor who completes diversion may apply to expunge the arrest record (s. 943.0582), and for a minor who is not classified as a serious or habitual offender, FDLE's criminal history record is expunged at age 21 unless the person is later charged as an adult with a forcible felony (s. 943.0515). The early, automatic and diversion routes are compared in whether a juvenile record can be expunged. See our records expungement page.

What if my 17-year-old was arrested for DUI?

Young drivers face separate license rules; see what happens to a driver under 21 stopped after drinking.

Who handles juvenile cases in Broward?

The Seventeenth Circuit's Juvenile Delinquency Division, with four judges. The county's other courts and programs are on the Broward County page.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In a juvenile case, the first days decide whether a child is held, whether diversion is offered and whether a record follows the child later, so early advice matters. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If your child has been arrested, a confidential call to (561) 362-6677 is a sound first step.

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