Safeguarding Their Future When It Matters Most

If your child is arrested this summer, it can feel overwhelming. I want to walk you through what to do immediately, what Florida law says, the rights your child has under juvenile statutes, how private counsel helps every step of the way, defenses that often apply, and why you need an attorney from the very beginning.

1. Immediate Steps When Your Child Is Taken Into Custody

When you get the call—maybe from a school resource officer, a police officer, even a neighbor—stay calm. Confirm exactly where they are. In Florida, once a juvenile is in custody, a detention hearing must happen within 24 hours under section 985.03(20), which provides:

"Detention hearing" means a hearing for the court to determine if a child should be placed in temporary custody... 

If your child is under 7 years old, they cannot be formally arrested, charged, or adjudicated delinquent under Florida Statute 985.031(2):

"A child younger than 7 years of age may not be arrested, charged, or adjudicated..." l

That's key: knowing the law can prevent unnecessary trauma. A private lawyer ensures the process was lawful, that probable cause existed, and quickly moves to protect your child.

2. Understanding Intake, Detention Hearing, and Your Child's Rights

Florida Statute 985.04 outlines "intake" as the first screening before charges are filed:

Intake includes such alternatives as... with emphasis on diversion and the least restrictive available services.

At the detention hearing, the judge reviews probable cause, assesses risk, and decides whether your child stays in custody or is released under supervised release or home detention. Secure detention may be imposed if the offense is a felony or violent, or if it is a non‑bondable situation.

You need private counsel present to argue for release to home, non‑secure, or supervised release detention. This saves emotional turmoil, schooling interruptions, and builds goodwill with the court.

3. How the Adjudication and Disposition Process Works

If charges proceed, the adjudicatory hearing is essentially the trial in juvenile court. Under § 985.35, the court weighs whether the facts support the allegations. Then the disposition hearing follows, where the judge chooses rehabilitative options, probation, or residential placement. § 985.03(21,23) defines these terms.

Your attorney can negotiate diversion, community service, or counseling instead of placement. A skilled lawyer may also move to suppress illegally obtained statements or challenge the reliability of law enforcement evidence.

4. When Can Your Child Be Charged as an Adult? Florida's Direct File Law

Florida allows prosecutors to file certain juvenile cases in adult court via the "direct file" authority. As detailed by Human Rights Watch and others, nearly 98 percent of transfers of 16‑ or 17‑year‑olds to adult court occur without judicial review under that statute.

That means a 16‑ or 17‑year‑old accused of a felony—or even a misdemeanor with prior adjudications—can be charged as an adult; public defenders cannot stop that at the detention hearing. Only a proactive effort by counsel may persuade the prosecutor to keep the case in juvenile court. That matters because an adult conviction carries lifelong consequences, harsher sentencing, and a permanent criminal record.

5. Constitutional Protections and Miranda Rights

Floridians expect our courts to follow the U.S. Supreme Court's ruling in In re Gault (1967), which requires juveniles to receive due process, the right to counsel, against self‑incrimination, and to confront witnesses. Justice Fortas wrote that being young doesn't mean you can be put through a "kangaroo court." 

In other words, if the police failed to read Miranda rights, coerced a statement, or denied access to counsel, it can make a vital difference. Private counsel ensures those rights are asserted promptly.

6. Common Defenses in Juvenile Cases

Lack of probable cause / mistaken identity.

Maybe your child was misidentified in a crowd. An investigation may show the police rushed to a determination.

Illegal search or seizure.

If law enforcement searched a vehicle or a bedroom without consent or a warrant, statements or evidence may be suppressed.

Duress or peer pressure.

Especially in group settings, teenagers may act under strong peer pressure or fear. That can reduce culpability.

Status offense technical defenses.

Minor in possession (MIP), truancy, curfew violations—some of these may result in alternative resolutions rather than adjudication.

Each defense needs tailored evidence and motions. Private counsel unpacks the facts, gathers witnesses, and builds motions aimed at dismissal or diversion.

7. Why You Need a Private Attorney at Every Stage

Every phase—from the moment of arrest, detention, intake, adjudicatory hearing, to disposition—your child's future depends on strategy. Public defenders are hardworking, but they juggle heavy caseloads under court assignment. A private lawyer offers:

  • Immediate response (often available 24/7), so your child isn't left alone.
  • Time to investigate police conduct, school records, cell‑phone forensics, and witness credibility.
  • Advocacy to preserve juvenile confidentiality. Under chapter 39, records are generally sealed, and release of the photo or name of a juvenile arrested for a felony is limited by § 39.045(9):
  • "A law enforcement agency may release... the name, photograph, and address of a child... if the child... would be a felony..." 
  • Private counsel fights unnecessary publicity early to protect reputation and privacy.
  • Skilled negotiation with prosecutors for reduced charges, diversion, or complete dismissal.
  • Persuasive arguments against direct‑file into adult court, advocating juvenile rehabilitation focus.

8. A Real Case Where I Secured a Strong Outcome

Let me share a true story from my practice. Last summer, a 17‑year‑old was arrested at a beach party for allegedly taking a car and joyriding. The charge was third‑degree felony auto theft. The state intended to direct‑file into adult court, exposing him to years in prison and a criminal record.

I immediately investigated. The car owner had left the door unlocked; earlier witnesses had said the youth thought the car owner had given permission. I obtained video surveillance and witness statements supporting that misunderstanding. At the detention hearing, I argued for supervised release; the judge agreed, releasing my client to home with electronic monitoring.

Working closely with the prosecutor, I persuaded them to retain the case in juvenile court, highlighting the youth's clean record, strong school support, and summer break guardianship. In the adjudicatory hearing, the judge found insufficient evidence of intent to permanently deprive. The charge was dismissed, and the youth entered a diversion program requiring community service and counseling.

If he had gone into adult court, that felony would have stayed on his record for life. That outcome was possible only because private counsel acted fast, investigated, and argued the right motion.

9. Ensuring School and Future Protections

Kid arrested in summer still faces possible school disciplinary consequences. Potential suspension, expulsion, loss of scholarships, or sports eligibility can follow. A lawyer writes letters directly to school officials to minimize those risks and links juvenile diversion or dismissal to school boards.

At nearly every stage, a private attorney looks ahead to expungement or sealing after turning 24 or 26, depending on history, to college admission concerns, and future job applications. We protect not just this moment, but years ahead.

10. Key Statutes You Should Know

  • Florida Statutes § 985.031(2):
  • "A child younger than 7 years of age may not be arrested, charged, or adjudicated delinquent..."
  • Florida Statutes § 985.03(20–23): Definitions of detention hearing, supervised release, disposition hearing.
  • Florida Statutes § 985.56: Indictment of a juvenile for crimes punishable by death or life imprisonment; immediate adult court filing upon indictment.
  • Chapter 39 § 39.045(9): Limits on public release of juvenile identity for felony-level arrests.

Also, federal constitutional standards through In re Gault guarantee due process and counsel rights for juveniles.

Wrapping Up

If your child is arrested in Florida over summer break, time is of the essence. You'll need fast, careful action to limit disruption, protect rights, and preserve opportunity. Every moment—from custody to adjudication—can shape the outcome. A private attorney can be the difference between being labeled delinquent or avoiding juvenile record altogether.

Contact Musca Law now if this happens. We're available around the clock to act swiftly on your child's behalf.

Frequently Asked Questions

What happens if my child is taken to a juvenile assessment center after arrest?

Within hours, intake staff assess the child. They decide whether a formal petition should be filed or whether diversion is appropriate. Your attorney can review the intake decision, challenge the petition if there's no legal basis, and push for diversion or dismissal before adversarial proceedings begin.

Can law enforcement publish my child's information if they are arrested for a felony?

Yes. Under § 39.045(9), law enforcement may release name, photograph, and address of a juvenile if the alleged offense is a felony, or if the juvenile has three prior misdemeanors. Private counsel can work to limit publication and seek rapid sealing of records where possible.

How long can a juvenile be held before a detention hearing?

By law, no more than 24 hours. At that hearing, a judge decides if continued detention is necessary. Your lawyer can appear and argue for supervised release or home confinement instead, which avoids unnecessary detention and trauma.

What does it mean to be "direct filed" into adult court?

Prosecutors in Florida may immediately file felony charges against a 16‑ or 17‑year‑old in adult court, bypassing juvenile court altogether. It's a prosecutor's discretionary tool. With private counsel, you can make persuasive arguments early on to keep the case in juvenile court, which offers rehabilitation and sealing protections.

Does my child have the right to remain silent and have a lawyer present?

Absolutely. In re Gault guarantees juveniles Miranda warnings, right to counsel, right against self‑incrimination, and confrontation of witnesses. If law enforcement violates those rights, statements may be suppressed. A private lawyer can assert those rights before any recorded statement is offered.

What defenses are often useful when a teen is arrested at a party or on vacation?

Mistaken identity, misunderstanding permission (like borrowing a car), lack of criminal intent, or peer pressure might apply. Search-and-seizure violations may exist if officers lacked a warrant. These defenses require investigation—private counsel can obtain surveillance footage, witness statements, or digital evidence before it's lost.

How does juvenile disposition differ from adult sentencing?

Juvenile court focuses on services, probation, counseling, educational plans, and community supervision. Adult court may impose jail or prison, fines, and a permanent criminal record. Moreover, juvenile records are sealed automatically at age 24 or 26 if requirements are met. An attorney helps secure the most favorable outcome for your child's growth and future.

What if the school discipline board wants to expel my child after arrest?

Private counsel can intervene with letters or attend school hearings. Demonstrating early favorable disposition—or proof of diversion—often results in lessened school penalties. Early involvement preserves the child's academic standing and extracurricular eligibility.

Can a juvenile record be sealed or expunged later?

Yes. If adjudication is withheld or sealed under juvenile law, and the child meets statutory requirements—such as waiting until age 24 or 26 and having no further petitions—records are automatically sealed. Private counsel tracks and ensures this process is handled properly.

Why not just rely on the public defender?

Public defenders are overburdened and may not have time for swift evidence gathering or negotiating delicate cases. Private attorneys dedicate resources to each case, respond immediately, and build comprehensive strategies including often‑time‑sensitive motions. When your child's future is at stake, that difference matters.

Contact Musca Law 24/7/365 at 1‑888‑484‑5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1‑888‑484‑5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida