Plea Bargains in Juvenile Criminal Cases
In Florida, plea bargains resolve over 95 percent of juvenile criminal matters. The plea bargain-based system has been criticized by many, but the system is apparently here to stay. Plea bargains in juvenile court are different from plea bargains in adult criminal court.
Although the laws and procedures are basically the same, the focus is different in juvenile court. Basically, a juvenile criminal case is a hybrid between a criminal law matter and a family law matter.
So, a modified approach is needed. Instead of focusing exclusively on the applicable law and the facts of the case, in juvenile cases, a Tampa criminal defense lawyer also takes the child’s living environment into account. As outlined below, this environment is almost as important, if not more important, than what the juvenile defendant “did.”
Pretrial Diversion
This resolution is usually available, even in violent criminal cases, if the defendant has no criminal record, the defendant takes some rehabilitation steps (e.g. the defendant voluntarily completes an anger management class), and the defendant’s caregivers take some rehabilitative steps of their own (e.g. they voluntarily enroll in a parenting class).
If available, pretrial diversion is usually the best possible resolution to a criminal case, because it’s the closest thing to a dismissal. When defendants complete all program requirements, which usually include performing community service and staying out of trouble for a few months, prosecutors drop the case.
The arrest record remains. If anyone, such as a potential employer, asks about that record, a simple response like “I hired a Tampa criminal defense lawyer, and the lawyer took care of it,” generally satisfies inquiring minds.
Probation
Pretrial diversion is usually unavailable if there’s no indication the defendant’s home environment may change for the better. However, probation is almost always available in these cases, once again even if the defendant was charged with a violent crime.
Contrary to popular myth, probation is not a “slap on the wrist,” at least initially. Common conditions of probation include:
- Reporting to a probation officer, in person, at least twice a month,
- Submitting certain documents, like report cards and/or pay stubs, on a regular basis,
- Remaining in the county at all times,
- Completing self-improvement class, like an aforementioned anger management class, and completing community service hours,
- Paying fines, court costs, and other money, and
- Submitting to drug/alcohol tests.
Under Florida law, the judge has discretion to modify the terms and conditions of probation at any time. In many cases, if the defendant completes about half the probationary period without incident, the judge will remove many conditions and perhaps make the probation unsupervised.
The same thing is true in reverse. If the defendant violates probation at any time, the possible consequences are stiff.
Partial Removal
Frequently, probation is only available in “lone wolf” criminal cases, or if the defendant had one or two informal accomplices. Evidence of gang activity usually means partial removal, generally some time in a secure halfway house.
Usually, the alternative to partial removal is full removal, an outcome that most Tampa criminal defense attorneys try their best to avoid. Full removal typically means confinement in a detention facility.
Work With a Diligent Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
americanbar.org/groups/criminal_justice/resources/magazine/2024-winter/fourteen-principles-path-forward-plea-bargaining-reform/
