Has your child been charged with a juvenile crime in Lakeland, FL? A juvenile conviction can have significant consequences. You should hire a Lakeland juvenile crimes lawyer at Thomas C. Grajek, Attorney At Law. Even though children tend to be treated more leniently than adults, that’s not always the case. Call (863) 688-4606.
A juvenile crimes lawyer at Grajek Trial Attorney At Law will fight to protect your child in juvenile court. Attorney Tom Grajek has more than 25 years of criminal defense experience. He will vigorously defend your child at every step in the case.
It’s scary when your child is charged with a crime. Contact us to schedule a consultation today.
How Grajek Trial Attorney At Law Can Help If Your Child Is Arrested For A Juvenile Crime In Lakeland
Parents want to protect their children from every danger. Unfortunately, many parents aren’t qualified to protect their children in juvenile court. If your child is arrested for a juvenile crime in Lakeland, hiring a Thomas C. Grajek, Attorney At Law is the best way to help.
Tom Grajek is passionate about helping people charged with crimes, particularly kids. He will fiercely advocate for your child and isn’t afraid to go to trial to fight for their rights. If you hire Mr. Grajek, he will:
- File a bond motion to get your child out of jail
- Explain the charges and penalties
- Investigate the case
- Review the prosecutor’s evidence
- File pretrial motions
- Represent your child at every court hearing
- Negotiate with the prosecutor to dismiss or reduce the charges
- Represent your child at trial
You can trust Mr. Grajek with your child’s case. Don’t wait to call a Lakeland criminal defense attorney and schedule a consultation.
Overview Of Juvenile Crimes In Florida
When a juvenile is charged with a crime, a juvenile court handles the case. The juvenile court follows different processes and procedures than the adult court. Even though the court and system are different, your child still has rights.
Terminology In Juvenile Court
One of the main differences between adult and juvenile courts is the terminology. Even though the terminology is different, many of the same concepts exist in juvenile court.
Children convicted of crimes are called juvenile delinquents instead of criminals. The trial process is called an adjudication hearing. Instead of being found guilty, like in adult criminal court, the child is said to be adjudicated delinquent. Furthermore, instead of a criminal sentence, the court imposes a disposition.
It is important to understand the terminology so that you can follow along in your child’s case.
Types Of Juvenile Crimes
The same criminal laws apply to Polk County juveniles as adults. Children can be charged with any crime in the Florida criminal code.
Some of the most common types of juvenile crimes are:
- Drug offenses
- Shoplifting
- Robbery
- Burglary
- Assault and battery
- Weapons offenses
- DUIs
- Underage drinking
- Vandalism
- Criminal traffic offenses
Like adults, children can be adjudicated delinquent for misdemeanors or felonies. If the crime is extremely serious, a child may be charged as an adult.
Juveniles Charged As An Adult
There are two ways that the state can charge a juvenile as an adult. One pathway is discretionary, and the other is mandatory.
Under Florida statutes, the prosecution can request that a child be tried as an adult if they are 14 or older when they have committed the alleged offense and the court finds it appropriate. Within seven days, the court will have a hearing and consider several factors when deciding whether or not to charge the juvenile as an adult. These factors include:
- The severity of the offense
- If the offense was aggressive or violent
- If the offense was committed against a person
- Maturity of the child
- Child’s previous criminal record
- Likelihood of rehabilitating the child
A Lakeland juvenile crimes lawyer can argue against trying the child as an adult at this hearing.
In some cases, it is mandatory to charge a child as an adult. This is if they are currently charged with a violent crime against a person and were previously adjudicated delinquent for a felony, including:
- Murder
- Sexual battery
- Armed robbery
- Carjacking
- Home-invasion robbery
- Aggravated battery
- Aggravated assault
Furthermore, if a child is charged with their fourth or subsequent felony offense, then they must be tried as an adult.
Juvenile Court Process
The process starts after a child is arrested or charged with a delinquent act. A child may be released to probation, a diversion program, or a Juvenile Assessment Center (JAC).
The JAC will interview the child and collect information to determine the risk of releasing the child. They will advise the prosecutor whether to release the child to a secure or non-secure location or to hold the child in detention pending their hearing.
If a child is held in detention, there must be a court hearing within 24 hours. At this hearing, a defense attorney can argue for the child’s release. Sometimes, minor cases are resolved through diversion at this point. The child will also attend an arraignment hearing within 48 hours of filing the delinquency petition. The child will admit or deny the allegations against them.
If the child denies the allegations, the court will have an adjudicatory hearing, usually within 21 days. This is similar to a trial in adult court. However, this hearing is in front of a judge, not a jury. If the judge finds that the child is delinquent, then they will set a disposition hearing to determine the sentence.
What Are the Penalties For Juvenile Crimes In Lakeland, FL?
Judges have more discretion when imposing penalties in juvenile court. That’s because the focus is usually on rehabilitation rather than punishment. Most juvenile judges will try to impose lesser penalties before opting for juvenile detention.
Some of the most common penalties include:
- Juvenile probation
- House arrest
- Participation in a diversion program
- Writing apology letters
- Drug treatment
- Cognitive therapy
- Paying restitution
- Staying out of trouble
- Following a curfew
In serious cases, the child can be committed to a term in the juvenile detention center. This is more common if the child is adjudicated delinquent for a felony or has a prior juvenile record.
At the detention center, the juvenile could receive a variety of services like therapy and drug treatment. They will also continue their education. Even though the juvenile detention center is designed for children, it is similar to a jail. A Lakeland juvenile crimes lawyer will always argue against sending a juvenile to the detention center.
What Defenses Can Be Raised If My Child Is Accused Of A Juvenile Crime?
Luckily, a Lakeland juvenile crimes lawyer can raise multiple defenses for children accused of juvenile crimes. The best defense in your child’s case will depend on the charges and circumstances of the case.
Some of the most common defenses are:
- Mistaken identity
- Alibi
- Lack of intent
- Constitutional violations
- Insufficient evidence
- Technical or procedural violations
- Entrapment
- Insufficient chemical testing
At the beginning of representation, a lawyer will discuss the case with your child. Once they hear their story and look at all the evidence, they can advise the juvenile on the most effective defense for their case. There may be a singular defense or multiple defenses.
Oftentimes, the best defense is not arguing that the juvenile didn’t commit the offense. Instead, it is a technical or constitutional offense. This means arguing that the prosecution or police didn’t follow the law.
If they don’t follow the law, crucial evidence may be excluded, and they may not be able to prove their case. In extreme situations, the case may be dismissed entirely. An attorney can assert these defenses through pretrial motions, like a motion to suppress.
Since the prosecution has the burden of proof beyond a reasonable doubt, the child doesn’t need to produce any evidence to defend themselves. However, practically speaking, many juvenile defense attorneys will submit favorable evidence to the court.
This evidence can help build a strong defense and convince a judge that the child is not delinquent. Evidence may include witnesses, reports, photographs, videos, or anything else that could help the child’s case.
Schedule A Case Evaluation With Our Lakeland Juvenile Crimes Lawyer
A Lakeland juvenile crimes lawyer at Thomas C. Grajek, Attorney At Law can help you and your child navigate the juvenile court process. It may be one of the most stressful periods in your life, but you don’t have to feel alone. Hiring an experienced attorney is the best decision that you can make to protect your child.
Call our office to schedule a case evaluation. You can learn more about how we can help your family get through this difficult time.