St. Pete Attorney for Juvenile Charges – Former Prosecutor Garry Potts
When a juvenile is accused of committing a criminal act it is a crisis for the family and the child. In Florida children who are age 17 or younger are considered juveniles and often when they are accused of criminal offenses they are referred to the Department of Juvenile Justice for handling of their cases. The decision as to whether the children will be treated as adults and arrested and charged in criminal court, or allowed to be referred to the Department of Juvenile Justice and have their cases heard in juvenile court is up to the State Attorney’s Office, who act as prosecutors for criminal cases.
In 2009 to 2010, 75,166 youngsters in Florida were referred to the Department of Juvenile Justice to be handled as juvenile offenders rather than face prosecution in adult criminal court. In the juvenile court system, the children have similar rights as adults charged with crimes: the right to remain silent (unlike adult suspects, children have the right to have a parent or guardian present when they are questioned by police); the right to an attorney and the right to have the State Attorney prove the charges against them beyond a reasonable doubt. However, juveniles do not have the same rights as adults to bail – they may be held up to 21 days in detention, sometimes longer for more serious cases. Juveniles also do not have a right to a jury trial in juvenile court – their cases will be decided solely by a circuit court judge.
Because the goal of the juvenile justice system is pointed more towards rehabilitation of the child, the sentences that result from a finding of delinquency for criminal charges against a juvenile often are more lenient than for adults charged with similar offenses. There are diversionary programs often available for first time charges which may result in eventual dismissal of those charges upon successful completion. Many juvenile sentences involve probation. In the most serious cases juveniles will be sentenced to a residential program, which for high-risk offenders will seem much like jail or prison.
The general leniency given to juvenile offenders, especially those who only get into trouble once or a few times, leads many of their parents to believe that they should not be very concerned about the seriousness of a juvenile charge for their child’s future. It is a mistake that many parents and their children make to assume that juvenile criminal records are automatically destroyed or “disappear” once the child turns 18.
In fact, juvenile criminal records will remain on the child’s criminal history long after they reach adulthood. Not only will juvenile crimes be reported on the public record criminal history available to anyone through the Florida Department of Law Enforcement background checks, but an adjudication of delinquency can count as prior offenses on any felony adult Sentencing Guidelines Scoresheet should they later be accused of an adult criminal charges. Additionally, an adjudication of delinquency will prevent the child from ever being eligible for having a criminal record sealed or expunged, for the rest of their lives.
As a former 15 year prosecutor in the Pinellas – Pasco State Attorney’s Office, Garry Potts has an extensive working knowledge of the criminal justice system. Garry Potts will work towards reaching the best outcome for the child in the juvenile court system, whether that involves finding a pre-prosecution diversionary program to fit the circumstances, litigating any violation of rights as motions to suppress or dismiss the charges, contesting the validity of the accusations before the judge, or seeking the best sentence available which will not cause a liability to the child for life. Telephone Attorney Garry Potts at (727) 538-4166 or email his office by clicking here in order to speak with him about your child’s case.
