Understanding Your Child's Rights and Legal Options After a Juvenile Arrest in Florida
As Florida criminal defense attorneys, one of the most distressing calls we receive comes from parents who have just learned that their child has been arrested and taken to a Juvenile Assessment Center (JAC). In those moments, fear, confusion, and frustration take over. You want to know what will happen next, whether your child will be detained, and what rights your family has. These are not just legal questions—they're deeply personal. Let us explain what happens when a child is arrested in Florida, how the JAC process works, the statutes that control these proceedings, and why hiring an experienced private defense attorney immediately can make all the difference.
What Is a Juvenile Assessment Center (JAC)?
In Florida, when a minor is arrested, they are typically taken to a Juvenile Assessment Center rather than being booked into an adult jail. The purpose of the JAC is to evaluate the juvenile and determine what should happen next. These centers are operated under the oversight of the Florida Department of Juvenile Justice (DJJ) and serve as intake facilities.
Florida Statute §985.14 outlines the intake and screening process. Here's the relevant text:
"The intake process shall include the evaluation and screening of complaints or referrals to the department to determine the existence of probable cause, the need for detention, diversion, or other intervention services, and recommendations for judicial or nonjudicial handling of the case."
At the JAC, your child may be fingerprinted, photographed, interviewed, and given assessments for substance use, mental health, and behavioral risks. The results influence the detention recommendation.
What Happens Immediately After Arrest?
Within hours of arrest, the JAC intake officer will determine if there is probable cause. If there is, a Detention Risk Assessment Instrument (DRAI) is completed. This score decides whether the child should be held in secure detention, placed under home detention, or released outright.
Florida Statute §985.24 governs detention determinations:
"All determinations and court orders regarding the use of secure, nonsecure, or home detention care shall be based primarily upon findings that the child presents a substantial risk of not appearing at a subsequent hearing or of inflicting bodily harm on others as evidenced by recent behavior."
This is why early intervention by a private attorney is critical. If we are involved before the detention hearing, we can challenge the DRAI score, present mitigating evidence, and push for your child's release.
Will My Child Be Detained?
There is no automatic detention for juveniles in Florida. The detention hearing must occur within 24 hours. This hearing determines whether the child remains in detention or is released pending further court proceedings.
As defense attorneys, we play an essential role in advocating for the least restrictive option. We show the court your child has a support system, can safely return home, and does not pose a risk. Parents without legal representation often find their children remain unnecessarily detained.
What Rights Does My Child Have at the JAC?
Despite being minors, children have rights protected under the U.S. and Florida Constitutions. They have the right to remain silent, the right to an attorney, and the right to a hearing.
Florida Statute §985.03(6) confirms that parents or legal guardians must be notified of the child's custody:
"Upon the taking into custody of a child, the person taking the child into custody shall attempt to notify the parent, guardian, or legal custodian of the child."
We often see situations where statements made during intake interviews are later used against the child. That's why we advise our clients to instruct their child not to speak to law enforcement or DJJ officials until we've arrived.
Real Case Example: Drug Possession Arrest Dismissed
We represented a 15-year-old boy who was arrested for possession of marijuana near his high school. He was taken to the local JAC and given a DRAI score that recommended secure detention. We got involved immediately and uncovered that the officers had searched his backpack without probable cause.
We appeared at the detention hearing, challenged the legality of the search, and argued the flawed nature of the DRAI score, pointing to our client's academic record, clean juvenile history, and strong family support. The judge ordered his release. Weeks later, we filed a motion to suppress the evidence, and the State Attorney dropped the case.
Without private legal representation, this child would have likely remained detained, and the illegal search may have gone unchallenged.
What Defenses May Apply?
Many juvenile cases hinge on key legal defenses, especially related to search and seizure. Kids are often less aware of their rights and may consent to searches unlawfully. Others are questioned without parental presence or Miranda warnings.
We often challenge:
- Illegal searches or seizures in violation of the Fourth Amendment.
- Unlawful confessions made without proper Miranda advisements.
- Mistaken identity or lack of direct evidence tying the child to the offense.
- Overcharging by law enforcement, especially in battery or theft cases where facts may not meet the statutory elements.
Each of these defenses can lead to dismissal or reduction of charges.
Diversion and Probation Options
Florida's juvenile justice system is designed with rehabilitation in mind. For many first-time offenses, diversion programs may be available. These include Teen Court, civil citations, and post-arrest diversion.
Under Florida Statute §985.12:
"The department shall encourage the use of diversion programs and nonjudicial handling when appropriate to avoid the necessity of formal judicial proceedings."
A private attorney can argue effectively for diversion, even when the State is initially reluctant. We ensure our clients are not pushed into plea deals without understanding long-term consequences.
Why You Need a Private Attorney Now
At every step, the decisions made in the hours and days after a juvenile arrest can shape the rest of your child's life. Whether it's avoiding secure detention, suppressing unconstitutional evidence, or securing a diversion resolution, a seasoned private defense lawyer is your best asset.
We do not wait for the court to assign a public defender or rely on an overworked system. We act immediately—challenging detention, protecting your child's rights, and contacting the State Attorney's Office to push for dismissal or reduced charges.
Let us step in before it gets worse.
Juvenile Arrest Frequently Asked Questions
What Is the Purpose of a Juvenile Assessment Center in Florida?
The JAC functions as a central intake point for arrested juveniles. It assesses whether there's probable cause to detain and evaluates mental health, substance use, and risk factors. The results guide the next steps—release, home detention, or secure detention.
Can I Be Present During My Child's Interview at the JAC?
Parents are typically not allowed during initial assessments. However, children have the right to remain silent, and they should be advised not to answer questions until an attorney is present.
How Quickly Can a Lawyer Help After My Child Is Arrested?
We act immediately. Once hired, we contact the JAC, request copies of the DRAI and arrest reports, and prepare for the detention hearing. Our early intervention can often change the outcome of that first critical court appearance.
What Happens at a Juvenile Detention Hearing?
This hearing occurs within 24 hours of the arrest. The judge reviews the DRAI and hears from the DJJ and defense. A private attorney can argue for your child's release and challenge the DRAI if it's inaccurate.
Does a Juvenile Record Stay Forever?
No, in many cases, juvenile records can be expunged under Florida Statute §943.0582. But some offenses are excluded, and timing matters. We guide families through that process.
Can My Child Be Tried as an Adult?
Yes, under Florida Statute §985.556, prosecutors may direct-file certain cases into adult court for children as young as 14. Crimes like robbery, sexual battery, and firearm possession often trigger this. A private attorney can fight to keep the case in juvenile court.
What If the Arrest Was a Mistake or the Charges Are False?
Unfortunately, false arrests happen. Children may be misidentified or accused based on biased assumptions. We investigate thoroughly and challenge every part of the State's case.
Is a Diversion Program a Good Option?
Yes, when available. Diversion avoids a formal court record and may result in case dismissal after program completion. We negotiate aggressively for this result.
How Can I Help My Child After an Arrest?
The most important step is to hire a private attorney quickly. Then, create a stable, supportive home environment. Attend all court hearings and follow any court orders strictly.
What Should I Tell My Child About Talking to Police?
Make it clear: Do not speak to law enforcement or DJJ staff without a lawyer present. Even innocent answers can be twisted and used against them. Silence is protection.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If your child has been arrested and taken to a Juvenile Assessment Center in Florida, do not wait. The actions you take today could change the outcome forever. Let us protect your child, challenge the detention, and fight for a second chance.
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.