My Child Has Been Arrested in South Florida. What Should I Do?

The phone call no parent wants to receive: "Your child has been arrested." As Fort Lauderdale criminal defense attorneys who have represented countless juveniles in South Florida over the past two decades, I've guided many distraught parents through this difficult process. If you find yourself in this situation, first take a deep breath. Here, we’ll walk you through what happens next and why legal representation is crucial for your child's future.

When a minor (a person under 18) is arrested in Florida, they enter a system fundamentally different from the adult criminal justice system. The Florida juvenile justice system operates under Chapter 985 of the Florida Statutes, which establishes a separate framework designed primarily for rehabilitation rather than punishment.

The philosophical difference is significant: while the adult system focuses on punitive measures, the juvenile system emphasizes reformation, education, and prevention of future offenses. This distinction is reflected in the terminology used—juveniles commit "delinquent acts," not "crimes," and they receive "dispositions," not "sentences."

After arrest, your child will typically be taken to a Juvenile Assessment Center (JAC) for processing. Unlike adults, juveniles are not automatically booked into county jail. At the JAC, officials will determine whether to:

1. Release your child to your custody
2. Place them in home detention with supervision
3. Hold them in secure detention

This decision is based on the seriousness of the alleged offense, prior record, and other risk factors evaluated through a standardized Detention Risk Assessment Instrument (DRAI) mandated by Florida Statute §985.245.

If your child is held in detention, a detention hearing must occur within 24 hours of arrest (F.S. §985.255). At this critical hearing, a judge will determine whether continued detention is warranted. Having counsel at this stage can significantly impact whether your child comes home right away or remains detained for a time.

The State Attorney's Office (prosecutors) reviews the case and decides whether to:

• File no charges and dismiss the case
• Divert the case to a juvenile diversion program
• File a petition of delinquency (formal charges)

If formal charges are filed, your child will face arraignment, pre-trial conferences, and potentially an adjudicatory hearing (the juvenile equivalent of a trial).

There is also the potential for the state attorney’s office to “direct file” a request to have your child’s case transferred to adult court. Direct file, as outlined in F.S.§985.557, accounts for 98% of juvenile transfers to adult court. (Other possibilities include judicial waiver or indictment by a grand jury.) The state attorney’s office has discretion to direct file a juvenile case to adult court if the prosecutor believes the alleged offense requires adult sanctions are warranted. 

Prosecutors can direct file 16- or 17-year-olds to adult court for misdemeanor offenses. However, to direct file 14- or 15-years-old, the child must first be charged with one of the serious felony offenses outlined in that statute (ex: murder, manslaughter, sexual battery, robbery, aggravated assault, arson,kidnapping, carjacking, possessing/discharging a weapon or firearm at school, burglary of an occupied dwelling, grand theft auto, etc.). 

Some parents, understandably frustrated, may consider letting their child "face the consequences" without legal representation. This approach, while stemming from good intentions, can have devastating long-term effects.

Unlike what many believe, juvenile records in Florida are not automatically sealed upon turning 18. Without proper handling, a juvenile adjudication can affect:

• College admissions
• Scholarship opportunities
• Military service eligibility
• Employment prospects
• Housing applications
• Professional licensing

Florida courts time and again have affirmed that while juvenile proceedings are rehabilitative in theory, they can carry serious consequences. For this reason, juveniles require process protections (including legal representation) just like adults. 

Diversion Opportunities

An experienced Broward County juvenile defense attorney can often secure placement in diversionary programs that leave no permanent record. Programs like Teen Court, Pre-Trial Intervention (PTI), and others allow first-time offenders to earn dismissal of charges through community service, counseling, or educational programs.

Florida Statute §985.12 explicitly encourages such alternatives to formal processing, but these options are not automatically offered—they must be negotiated, often with specific eligibility requirements that attorneys understand how to navigate.

In the landmark case In re Gault, 387 U.S. 1 (1967), the U.S. Supreme Court established that juveniles possess critical constitutional rights, including the right to counsel. These protections are vital, as law enforcement sometimes cuts corners when dealing with minors, assuming they don't understand their rights.

Fort Lauderdale juvenile defense lawyers often provide services beyond courtroom representation. These include:

1. Immediate Intervention: Engaging with prosecutors before charges are formally filed can sometimes result in reduced charges or diversion.
2. Case Strategy: Evaluating evidence, identifying legal issues, and developing appropriate defense strategies based on the specific circumstances.
3. Mitigation Development: Gathering information about your child's academic performance, community involvement, and personal circumstances to present a complete picture to prosecutors and judges.
4. Record Protection: Navigating Florida's complex record sealing and expungement processes under F.S. §943.0585 and §943.059 to protect your child's future opportunities.
5. Holistic Approach: Connecting families with appropriate community resources, counseling, substance abuse treatment, or educational interventions that address underlying issues.

If your child has been arrested in Fort Lauderdale, time is of the essence. Florida's juvenile system moves quickly, with statutory time constraints that differ from adult court. Under F.S. §985.35(1)(a), the state must bring the case to an adjudicatory hearing within 90 days of detention or petition filing—leaving limited time to develop effective defenses.

Contact an experienced Fort Lauderdale juvenile defense attorney immediately. The initial consultation often provides not just legal clarity but emotional relief, knowing someone knowledgeable is guiding your family through this challenging process.

While your instinct may be to let your child "learn a hard lesson," remember that the consequences of juvenile proceedings can extend far beyond the immediate case. The juvenile justice system, despite its rehabilitative goals, can still produce lasting records that affect your child's future.

With proper legal representation, many juveniles can emerge from this experience with minimal long-term impact, having learned valuable lessons without permanent disadvantages. Our attorneys urge parents: don't leave your child's future to chance in the complex juvenile justice system of South Florida.

If your child has recently been arrested in Fort Lauderdale, call The Ansara Law Firm at (954) 761-4011 immediately for a free initial consultation.