Judicial Process
The recommendation presented by the Juvenile Probation Officer to the state attorney may recommend a "non-judicial" diversion program. If this recommendation is approved by the state attorney, the youth and guardian may be required to sign a "waiver of speedy trial" agreement. With this agreement the youth and family agree to waive their right to a speedy trial with the understanding that the youth will complete all the requirements of the diversion program.
If the youth successfully completes the program, no further action (no judicial action) will be pursued by the state attorney. However, if the youth fails to complete the program, the state attorney will file a petition with the juvenile division of the circuit court, formally charging the youth with the delinquent offense.
A diversion program is a form of non-judicial handling of your child’s case. Rather than going to court the JPO may recommend your child receive help through a diversion program.
If your child successfully completes the program, no further court action will be pursued. However, if your child does not complete the diversion program, the State Attorney may file a petition with the Juvenile Division of the Circuit Court (Juvenile Court), formally charging your child with the delinquent offense.
After gathering all of the necessary information and assessments, your child’s JPO may recommend that the State Attorney’s Office formally charge your child with a delinquent offense. This is a “recommendation for court intervention.” A recommendation for court intervention may include adult prosecution, if the offense is very serious or if your child has a history of law violations (habitual offender).
If the State Attorney files a delinquency petition based on the charge it is sent to the Juvenile Division of the Circuit Court. This special division of the Court hears juvenile cases of law violations.
Your child’s JPO cannot recommend a diversion program for your child after the case has been tried in Juvenile Court.
If your child has committed a serious offense or is a habitual offender, the JPO’s recommendation may include prosecution of your child in Adult Court.
Your child cannot be tried as an adult after being tried as a juvenile for the same crime.
With certain felony offenses, the law may require that your child’s law violation is heard in Adult Court. Your child’s case may be sent to the Adult Criminal Division of the Circuit Court (Adult Court) by “direct file,” “waiver,” or “indictment.” In these circumstances, it is possible that your child would be tried as an adult for the offense and receive adult sentencing.
When this happens, the Florida Department of Corrections is involved in your child’s case, giving recommendations to Adult Court.
In some circumstances, a juvenile may be found guilty in Adult Court but sentenced back to DJJ for sanctions to be carried out or for commitment to a residential program.
If a petition is filed in court, the Juvenile Probation Officer will present a recommendation to the court that considers risk, accountability and individual needs. This recommendation may range from a court ordered diversion or plan to probation to residential commitment.
Redirection is a specialized approach that was established by the Florida Legislature to use community-based alternatives instead of residential commitment for those youth with serious emotional disturbances and/or substance abuse-related disorders and meeting certain criterion. Services use evidence based practices and can be offered to youth to prevent further delinquency that could lead to a residential placement. These services are offered in communities across the state and allow the youth and family to participate in one of the following therapies: Functional Family Therapy (FFT) or Multi-Systemic Therapy (MST), Brief Strategic Therapy (BFST) or Parenting with Love and Limits (PLL).
If your child is “adjudicated” then a judge has ruled that your child committed a delinquent act or violation of law and is therefore adjudicated delinquent. If your child has “adjudication withheld,” then a judge similarly concluded that your child committed a delinquent act or violation of law, but a formal pronouncement of delinquency should be withheld. Adjudication is significant, not simply due to the formal pronouncement of delinquency, but because only adjudicated delinquent youths may be committed to the Department.
Only the court can terminate a youth’s probation supervision. Once your child has completed all court-ordered sanctions and met all of his treatment goals, the JPO will recommend to the court the termination of his probation. If your child is “adjudicated delinquent” by the court, the maximum term of supervision is limited by the maximum term applicable to the degree of the offense (e.g., 1 year for a first-degree misdemeanor). An exception exists for second-degree misdemeanors, which have a maximum supervisory term of 6 months, as opposed to the ordinary statutory maximum of 60 days. If your child has “adjudication withheld,” then the maximum term of supervision is not limited by the degree of the offense. However, whether your child is adjudicated or has adjudication withheld, supervision cannot extend beyond his or her 19th birthday.