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When a minor commits a crime in Florida, the matter is generally handled by the juvenile justice system instead of through the average criminal courts. Even though the focus in juvenile cases is rehabilitation, accusations of delinquency still can result in possible consequences that can seriously impact your child’s future. A Naples juvenile crime lawyer can help explain your child’s rights and advocate for them throughout proceedings.
At The Caldarone Law Group, P.A., our criminal defense team represents individuals of all ages who have been accused of crimes in Southwest Florida. Head attorney Justin P. Caldarone has been practicing law for over a decade. Before starting his own firm, he worked as an assistant state attorney in Miami- Dade County.
His experience prosecuting cases gives him unique insight into how the police investigate crimes, how prosecutors charge cases, and how criminal cases are negotiated and tried. If you or your child are facing juvenile criminal charges, don’t wait to seek help from our team.
In fiscal year 2024-25, Florida recorded 42,317 delinquency arrests involving 26,138 young individuals. In the report, 66% of youth arrested in Florida during fiscal year 2024-25 were ages 15 to 17, while 28% were ages 12 to 14.
In Florida, Chapter 985 of the Florida Statutes governs most juvenile justice matters. A child accused of breaking the law may be referred to by attorneys and the court as a “child” or “juvenile.” Actions that would be considered a crime if committed by an adult may be charged as a delinquent act. In certain cases, a juvenile may be tried as an adult, depending on the severity of the charges they face.
The terminology is different in juvenile cases as well. For example, juveniles aren’t found guilty or innocent. Rather, they’re often adjudicated delinquent, and what would be a sentence in adult court is usually called a disposition by a judge. The difference in terminology does not mean that juvenile charges are not serious. Depending on the case, Florida law allows for punishments ranging from diversion programs to commitment to a residential facility.
While juveniles in Florida can face the same charges as adults, their consequences tend to be much different. This is because when a minor breaks the law, they likely face juvenile delinquency proceedings that are more focused on rehabilitation than punishment. Common charges seen in juvenile cases here in Florida include:
The severity of a charge and the juvenile’s prior criminal history can impact the exact punishments they receive. As an example, a misdemeanor charge filed against a juvenile with no previous record may be handled much differently than a felony violence charge or a juvenile with past charges. Other offenses that may affect a juvenile’s case include Bribery, Arson, Child Abuse, Domestic Violence Defense matters, Driving Without License, Drug Crimes, Drug Possession, and Drug Trafficking.
Initiation of a juvenile case can occur when police take a child into custody for committing an alleged offense. Just because the police take a juvenile into custody, though, does not mean they are going to be detained by law enforcement. Depending on the situation, the juvenile may:
In Collier County, there is a detention screening facility run by the Florida Department of Juvenile Justice located at 3351 East Tamiami Trail in Naples. At this location, a Juvenile Probation Officer may use something called a Detention Risk Assessment Instrument (or DARCI). The probation officer can use this instrument to analyze any factors that pertain to whether or not the child qualifies for detention.
Every juvenile crime case is different. Factors such as the individual’s charges, past record, and mental health all influence the judge’s dispositional decision. The judge can also listen to the recommendations of the Florida Department of Juvenile Justice when determining what punishments are suitable. Some possible juvenile crime penalties and dispositions include:
A disposition can affect where your child lives, how they may attend school, who your child can and cannot associate with, and any extra programs your child may be required to participate in. If your child violates their probation or fails to follow any of the court’s orders, then additional penalties could be brought against them. Depending on the circumstances, related legal matters may involve DUI, Escape Charges, Expungement, Fleeing and Eluding, Gun Crimes, Homicide, Perjury, or Post-Conviction proceedings.
Florida Statute § 985.24 establishes certain guidelines involving when detention can and should be used. A detention decision should be based mostly on certain listed factors. Key considerations are whether the young person is likely to miss court or if their recent conduct suggests a risk of violence. The law also accounts for instances where a juvenile has prior property crimes, has faced contempt charges, or seeks court protection from immediate physical harm.
Under Florida law, holding a child in secure detention or under supervised release solely for the purpose of questioning or investigation is explicitly forbidden. Detention should also not be used when a parent wants to avoid parental responsibility or because there are no adequate facilities available.
When under supervised release, however, the court could include conditions like electronic monitoring if they feel it is necessary to protect the public or child, or to make sure that the juvenile is going to appear in court. Other charges that may arise in juvenile or related criminal proceedings include Prostitution, Resisting Arrest, Trespassing, and White Collar Crimes.
Not all juveniles who break the law need to go through formal delinquency prosecution. Florida Statute § 985.12 created what are known as prearrest delinquency citation programs. These programs were created to offer an alternative response to certain misdemeanor offenses while still holding the juvenile accountable for their actions.
The program’s requirements can vary depending on the specific program and circumstances. This can include community service hours, intervention services, treatment, and more. Completing the required steps satisfactorily means the incident won’t be subject to the usual juvenile delinquency proceedings.
Eligibility for these programs is not automatic, though. The exact allegation, the juvenile’s past history, terms of the diversion program, and decisions made by police or the State Attorney’s Office can impact whether diversion is available. Florida even allows certain juveniles to participate in post-arrest diversion programs and pretrial intervention. For that reason, it is crucial to talk with an attorney to determine if one of these alternatives is possible.
Once a juvenile case is referred to the State Attorney’s Office for prosecution of the alleged delinquent act, the case will likely follow these steps:
Just because your child has been accused of a juvenile offense does not mean that the prosecutor has enough evidence to prove their case. Like all criminal matters, the prosecutor has the burden of proving your child committed the alleged delinquent act. Your attorney can work to poke holes in the prosecution’s story and protect your child’s rights both in and out of court.
An adjudication hearing is similar to a trial. During this time, the court hears evidence from the State to determine if they believe the juvenile committed the alleged delinquent act. Evidence often includes:
Your child’s fundamental rights are still in effect, regardless of their age. If you believe your child’s rights were violated during a police investigation, our team can help determine if the evidence collected against your child is legally valid.
Juvenile probation is used when a child is permitted to stay in their community while complying with certain court-ordered conditions. Each case has its own conditions, but generally involves judge-mandated supervision and check-ins. Your child may be ordered to:
In certain cases, a child may be charged as an adult in Florida if their crime meets certain conditions. Florida Statute § 985.557 details what crimes can be filed against juveniles in adult criminal court. If the child was 14 or 15 years old at the time the alleged offense was committed, then the prosecutor can directly file the case in adult court only if the crime falls within certain serious offenses. These offenses include:
When a juvenile is 16 or 17 when the alleged crime occurred, a prosecutor has the option to directly file the case as an adult proceeding if they believe it’s in the public’s greatest interest for the child to be charged as an adult. Transfer to adult court dramatically increases what penalties the judge can order. If your child’s case is transferred to adult court, then they face the possibility of adult criminal penalties.
You should hire a juvenile crime lawyer in Naples as soon as your child is facing accusations of delinquency, is under investigation by law enforcement, or is in police custody. An experienced juvenile attorney knows how to review evidence, find holes in the prosecution’s case, and protect your child’s future with powerful legal strategies. They can also represent your child in detention hearings, during negotiations, and at their adjudication hearing.
When appropriate, your attorney can assess your child’s eligibility for diversion programs that may allow your child to avoid formal consequences. When adult prosecution is a possibility, your child’s lawyer can determine whether the State has enough evidence to transfer the case to adult court and work to prevent that transfer. Regardless of the charges your child is facing, you need a skilled juvenile crime lawyer to defend their rights throughout proceedings.
Juvenile criminal cases in Naples can become complicated quickly. Learning which laws apply to your child’s case requires an understanding of their age, history, specific allegations, evidence, and more.
Justin P. Caldarone is a trusted Naples criminal defense attorney who understands how the law applies to each client’s situation. For more than ten years, he has helped Florida residents of all ages combat criminal accusations. When you need to protect your child and their future, you can depend on the knowledgeable team at The Caldarone Law Group, P.A. Contact our firm today to begin advocating for your child.
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