A young offender without a juvenile defense attorney is seen covering their ears during a police interrogationWhen children are accused of a crime, parents often wonder if they should hire a Juvenile Defense Attorney.  

There are many reasons why hiring a Juvenile Defense Attorney is the right move, both for the child and the parents, and we will discuss some of those reasons here.

Age is defined differently from state to state, but like most states, Florida considers minors to be any child under the age of 18.

It is a good practice to teach and remind minor children about the importance of their rights, which include the right to remain silent and the right to be represented by an attorney.  If an investigation begins, the child can ask to remain silent until they have an attorney and the parents can tell the investigators that their child is not speaking to anyone without an attorney present.

While nothing needs to be said at all, the parents or child can provide some very basic information without waiving their rights.  It should be limited to the name, date of birth and address only, as no other information is required by law.

There are many things a juvenile defense lawyer can do to immediately protect a child when a criminal accusation occurs and it is important to hire an attorney as soon as possible.  Our juvenile defense attorneys provide aggressive legal representation as soon as we get involved in the case.  This often results in more favorable negotiations with the prosecution and helps reduce charges and sentencing.  

What happens if a child or juvenile is arrested?

A teenager is seen in handcuffs facing arrest and in need of a juvenile defense attorney.If an arrest occurs, the minor child will be transported to the Juvenile Assessment Center.  During the intake process, questions about medical condition, school, age, and contact information for parents or guardians will be requested by the staff.  In some cases, the child might be immediately released to the parents, in other cases, the Juvenile Assessment Center will contact the parents provide information about the charges as well as the location and time for the detention hearing.

Detention Hearings generally occur the next morning after an arrest and occurs in front of a judge.  Police reports and other information related to the case will be reviewed and the judge will make a decision whether or not the defendant is to remain in custody or be released.  Our criminal defense lawyers can present objections and legal defenses at these hearings in an effort to have the child released in situations where they might normally remain detained.

If legal representation wasn’t secured before a child is detained, our juvenile defense attorneys can attempt to have the child released while a case is pending.  And we will visit the child at the detention facility in order to discuss the case.  

Juvenile Defense Attorneys:

Our family was in desperate need of an experienced law firm recently and we made the decision to hire Jeff Quisenberry from Fernandez Law Group. From the very first desperate phone call we made as parents, with millions of questions, until now, Jeff Quisenberry has been nothing but professional with a wealth of criminal law knowledge in helping and reassuring us that he would do everything he could to provide legal assistance for our son. Throughout the past year, Jeff has navigated us through some of the most stressful times of our lives. Jeff Quisenberry always returned our calls quickly and never left us wondering what was going during the legal process. Jeff provided our family with excellent representation and even after the sentencing period, continues to contact us regularly to provide guidance with our case. Due to Jeff’s legal experience and expertise, we were able to receive the best possible outcome for our son. Jeff has always reassured us that he will continue to support our family, even though the initial court process is concluded. Everyone at the Fernandez Law Group we came in contact with, from Jeff Quisenberry, to Frank Fernandez, to Gaston Fernandez, to Megan were always helpful and professional. Every time we called or visited their Tampa office we felt they were extremely friendly to us and always happy to help us. We continuously had questions and they never hesitated to help us or call us back. We have been overwhelmed with this legal matter, but DEFINITELY would recommend Jeff Quisenberry and The Fernandez Law Group.

Rated 5 out of 5 Rated 5 out of 5 by Mark B. on Google review for Fernandez Law Group Tampa Lawyers on August 2, 2018 | Link to Review

The system is meant to focus on rehabilitation for juvenile offenders, but it doesn’t always end up that way.  In some cases a prosecutor might attempt to file the case in adult court or push for tougher sentences.  Consequences can be even more devastating in cases involving robbery, aggravated battery, grand theft of a vehicle or possession of a weapon on school property.  In these cases, children as young as 14 can be tried as an adult and it becomes even more important to have an experienced juvenile defense attorney.

In all cases, our juvenile defense lawyers can conduct an investigation of their own to look at the facts of the case.  In some cases, we can use those findings to convince the State Attorney’s Office not to file any charges.  We can also file many key pretrial motions to aid in the defense of juveniles, including motions to dismiss or motions to suppress evidence.

If charges are filed, and no agreement can be reached between the defense and the prosecution, the case will proceed to a bench trial before a judge.  There are no jury trials in Florida Juvenile Court.  If a trial occurs, our juvenile defense lawyers would present any and all evidence that favors the defendant, aggressively cross-examine any witnesses for the state, and work to obtain reasonable doubt.

Our juvenile defense attorneys are prepared to aggressively represent children and minors accused of crimes, regardless of the circumstances, potential charges or difficulties.  Whether it’s a criminal investigation, a first appearance, arraignment or hearing, our dedicated team of lawyers work towards the most favorable outcome we can obtain.  

Juvenile Defense Attorneys:

My experience with the Fernandez Law Group and Jeff Quisenberry has been very positive. My son violated felony probation. Jeff has done everything he can do to get the least amount of prison time for my son. I am so very thankful to have him representing my son. He has done a wonderful job of staying in contact with me and my son. I don’t know what would have happened if we didn’t have Jeff in our corner. I appreciate everything Jeff has done for us!!!!!

Rated 5 out of 5 Rated 5 out of 5 by Zack Fowler on Google review for Fernandez Law Group Tampa Lawyers on February 18, 2019 | Link to Review

Responsibility of Parents when Children commit crimes:

When a juvenile crime occurs, there is a potential for that child to receive a criminal record which can always have serious consequences later in life.  In addition, Florida’s Parental Responsibility Laws allow parents to be held responsibile for the actions of their children.  Specifically, those laws put a focus on Driving (Florida Statutes section 322.09) and Vandalism (Florida Statutes section 741.24).

Florida Statutes section 322.09 states that when a child causes injuries or property damage through negligence or willful misconduct while operating a motor vehicle, parents or guardians can be held responsible.  The parent or guardian will share liability for small fender benders with some property damage to more serious car crashes involving injury or death to drivers, passengers or bystanders.

For vandalism and theft, or “maliciously or willfully destroys or steals property, real, personal or mixed” as defined by Florida Statute section 741.24, and the minor lives with his or her parents or guardians, they will be financially responsible.  This responsibility is assumed regardless of who was harmed by the conduct of the minor.

This liability is limited to the amount of actual damages plus court costs.  Pain, suffering and other non-economic losses are considered.

In some cases, common law may also hold parents or guardians liable when Parental Responsibilty Laws don’t apply.  An example could include a situation where a parent knows their child is continually and habitually reckless with texting and driving.  If the parents don’t take enough reasonable action to curb that child’s behavior, and an accident occurs, parents could find themselves financially responsible.

Hiring a juvenile defense attorney will likely help improve the case outcome, even for minor offenses.

Juvenile Defense Attorneys:

My son was in need of legal expertise and luckily I found Jeff Quisenberry and The Fernandez Law group. Jeff was always available to answer any questions and easily accessible, He walked us through the whole process and we were very happy with the results of the case given the circumstances. I would highly recommend The Fernandez Law Group.

Rated 5 out of 5 Rated 5 out of 5 by Anthony WC on Google review for Fernandez Law Group Tampa Lawyers on September 26, 2018 | Link to Review

Free ConsultationIf your juvenile child has been charged with a crime in Florida, you should contact an experienced juvenile defense attorney immediately. These charges can come with serious penalties and the consequences can last for a lifetime.

We encourage everyone to take advantage of our FREE consultation to begin understanding the severity of the charges. Learn what penalties may be applied along with some defense strategies and potential outcomes. You’ll be confident in your decision to have our juvenile defense attorneys representing the best interests of minor children once you speak with us.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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