What are the Four Major Types of Cases in Juvenile Court?
Many people believe the state automatically expunges juvenile criminal convictions when the former defendant turns 21. Although expungement is usually available and, in many cases, easy to obtain, it’s not automatic.
Frequently, the negative collateral consequences of a juvenile conviction blindside former defendants. Young adults often forget about events that occurred seven or eight years ago. Or, they may remember going to court, but may not remember the legal conviction, especially if they received unsupervised probation or another light punishment.
A stitch in time saves nine. Rather than digging up the past seven or eight years later, an aggressive defense at the time of trial is a much better strategy. Using this approach, a Tampa juvenile charges lawyer often obtains resolutions that don’t stain a juvenile defendant’s permanent record.
Vandalism
This infraction might be the most common juvenile offense in Florida. It’s almost certainly the most common property offense. Many kids cannot resist the “I dare you to…” challenge. Furthermore, vandalized statutes and other property often generate social media likes and peer accolades, two other enticements that many kids cannot resist.
Vandalism is one of many civil/criminal crossover offenses. But this one has a different vibe. Usually, property owners don’t want defendants to get in trouble. They just want their money back and a heartfelt apology. If juvenile defendants provide these things, under court supervision, owners usually lose interest in the cases, and prosecutors normally drop them.
Assault
Juvenile assaults, and most adult assaults as well, usually begin with heated arguments. So, defendants and alleged assault victims often have some personal relationship, even if it’s school classmates.
Alleged assault victims cannot “drop” criminal assault charges. However, if the key witness loses interest in the case, prosecutors often lose interest in it as well.
Because assault is often an escalating violent crime, these cases are difficult for a Tampa criminal defense lawyer to resolve. Nevertheless, even if the evidence is solid, most prosecutors are willing to offer deferred adjudication or a similar program, if the defendant is a first-time offender.
Shoplifting
Assault and vandalism are almost always straightforward cases. Sometimes shoplifting is a single-action case as well. Other times, it’s basically a conspiracy case.
Many shoplifting offenses are crimes of opportunity. A child sees an unprotected, valuable item and takes it, perhaps while a clerk is stocking shelves. As mentioned, children have a hard time controlling such impulses.
Conspiracy shoplifting cases often involve lookouts and other actors who aren’t fully involved in the shoplifting conspiracy. The lack of involvement may be a mitigating punishment circumstance, but it’s not a legal defense.
Any way you slice it, shoplifting is a property crime and therefore, in many cases, easy to resolve without affecting a permanent record.
Underage DUI
Unlike the three other offenses on this list, underage DUI is a hot-button political offense. As far as many people are concerned, underage drinking is wrong, and underage drinking and driving is REALLY wrong.
Chemical tests may be inaccurate in these cases. Breathalyzers and other devices were designed for adults, not children. FST (field sobriety test) evidence is often inaccurate as well. Many kids are so nervous in these situations that they’d fail any test they were given. It doesn’t matter if they were drunk, sober, or somewhere in between.
Work With a Thorough 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. Convenient payment plans are available.
Source:
fdle.state.fl.us/Seal-and-Expunge-Process/Juvenile-Diversion-Expunction.asp