Juvenile Defense Attorney Melbourne, FL
If your child was arrested in Melbourne or anywhere in Brevard County, the next 24 hours matter more than you realize. If you’re searching for a Melbourne juvenile defense attorney late at night or trying to understand what happens next, our firm is here to help.
Florida’s juvenile justice system is completely separate from adult court. However, Florida holds more youth in adult state prisons than any other state. The steps you take immediately after your child is arrested matter.
For a free consultation, call our law offices at 321-725-3425 or toll-free at 833-922-0554, or fill out the contact form.
When a Juvenile is Arrested, What Happens in Florida?
If your child has been arrested, things move quickly. Here’s what the process looks like once a juvenile is arrested in Brevard County.
What Age Can You Be Tried As an Adult in Florida?
14-year-olds, and in some situations, younger people can be tried as adults in Florida.
Here’s what parents need to know:
- Prosecutors can bypass the juvenile justice system entirely: The state can “direct file.” This means prosecutors (not judges) can move juvenile criminal cases straight into adult court under § 985.557
- Some charges require adult prosecution (age 14+): Serious felonies like murder, sexual battery, armed robbery, kidnapping, manslaughter, and other violent crimes must be filed in adult court.
- Other juvenile cases can still be transferred: For less serious felonies, prosecutors have wide discretion to file adult charges.
- Firearm charges carry a higher risk: If a gun is involved, Florida’s weapons laws can expose your child to adult penalties and increase the likelihood of adult court.
Common Types of Juvenile Criminal Cases in Melbourne, FL
Our Melbourne juvenile defense attorneys represent children charged with all categories of juvenile offenses in Brevard County — from first-time misdemeanors to serious felony charges.
Category | Common Juvenile Offenses |
|---|---|
Possession of prescription medications, marijuana, controlled substances, and drug paraphernalia | |
Shoplifting, petit theft, grand theft, burglary, criminal mischief/vandalism | |
Assault and battery | Simple assault, aggravated assault, battery, school-related fights |
Weapon and gun crimes | Possession of a weapon on school grounds, unlawful possession of a firearm |
Lewd and lascivious conduct, sexting | |
Cyber/internet crimes | Cyberbullying, online threats, and computer-related crimes |
Underage DUI, driving under the influence of alcohol or drugs, refusal to submit to testing, and other alcohol-related driving offenses. | |
Traffic offenses | The juvenile justice system does NOT have jurisdiction over criminal traffic violations. These are handled in traffic court |
Trespassing | School trespassing, criminal trespass |
Resisting arrest | Resisting without violence, resisting with violence |
Violation of probation conditions | |
Robbery, aggravated battery, burglary, grand theft auto |
School-Related Juvenile Cases
Brevard County public school officials are required to report certain incidents, such as threats, violence, or weapons, to the police. Additionally, SROs can investigate and make an arrest or have the student referred on the spot. Many alleged offenses enter the juvenile justice system directly from campus. This means mistakes at school quickly turn into juvenile criminal charges.
The connection works both ways.
If minors are arrested off-campus, their school is notified under § 985.04. The SRO may become involved.
What this means for parents: Children’s mistakes often lead to two separate issues:
- suspension, expulsion, or alternative placement
- juvenile case through the Department of Juvenile Justice.
Understanding how those systems overlap and acting early can make a significant difference in the outcome.
Juvenile Justice System vs Adult Court in Florida
If your child is facing charges in Brevard County, the most important and time-sensitive issue is where the juvenile case is handled.
Issue | Juvenile Court | Adult Court |
|---|---|---|
Primary Goal | Rehabilitation, treatment, and supervision under Chapter 985 | Punishment, deterrence, and public accountability |
Who Decides the Case | Judge | Judge or jury |
Terminology | Adjudicated delinquent | Criminal conviction |
Privacy | Limited public access in Brevard County | Proceedings are public; records are publicly accessible |
Penalties | Probation, counseling, community service, diversion programs, or commitment to the DJJ | Jail or prison, adult probation, and fines |
Record Impact | Often eligible for sealing or expungement if criteria are met | Permanent record for most |
Diversion Options | Programs like PAY, Teen Court, CAP, and Juvenile Drug Court may be available | Very limited diversion options |
Transfer to Adult Court | Possible for certain offenses; prosecutors can “direct file” (generally age 14+) | Already in the adult system; no return to juvenile court for most |
Long-Term Consequences | Focus on second chances and minimizing future impact | Lifelong penalties affecting employment, housing, and education |
Who Oversees the Case | Florida Department of Juvenile Justice (DJJ) | Florida Department of Corrections (if incarcerated) |
What parents need to understand: Minors as young as 14 can be transferred to adult court depending on the alleged offense. Once that happens, the stakes increase immediately. An experienced Melbourne juvenile defense attorney can help right away to keep the child in juvenile court and position the case for rehabilitation rather than lifelong consequences.
Alternative Programs for Juvenile Crime Charges in Florida
If your child has been arrested, you may have one chance to keep this from becoming a permanent record, and that window closes quickly.
Pay Program (Prosecution Alternatives for Youth)
Brevard County’s PAY Program (Prosecution Alternatives for Youth) is a juvenile diversion program for first-time non-violent misdemeanor offenses. When approved and completed, juvenile crime charges are dismissed. To qualify, the minor must admit wrongdoing. This means if your child is innocent, the PAY program may not be appropriate.
This is where having a Melbourne juvenile attorney involved from the start makes a real difference.
Other legal options for juvenile offenses:
- Teen Court: a peer-based diversion in which youth serve as jurors and sentence the offender. Common sanctions include community service, written apologies, essays, and jury duty in Teen Court
- Community Arbitration Program (CAP): juvenile cases are heard by a trained community arbitrator who assigns sanctions
- Brevard County Juvenile Drug Court: Brevard County operates a Juvenile Drug Court combining legal accountability with substance abuse treatment and supervision
Eligibility for alternative legal options isn’t automatic. A Melbourne juvenile defense attorney from our firm can advocate for your child’s inclusion in a diversion program and can protect your child if diversion is not appropriate.
Juvenile Post-Conviction Relief: Adjudication, Criminal Records, and Sealing in Florida
Being adjudicated delinquent is the juvenile equivalent of a guilty finding. However, it is NOT the same as an adult criminal conviction in most circumstances. In most cases, a delinquency adjudication does not carry the same long-term consequences as criminal convictions.
Most criminal records for juvenile crimes are confidential. Most juvenile court cases are protected, helping shield minors from the lasting stigma of early mistakes. However, records for serious felonies or transfers to adult court may be treated differently.
State law allows eligible minors to seal or expunge criminal records:
- Sealed records are hidden from public view.
- Expunged records are physically destroyed.
Both require eligibility and a legal process.
Why it matters: Criminal records can impact college admissions, scholarship opportunities, military enlistment, professional licensing, and background checks. Even when records are confidential, certain entities may still access them. This makes it crucial to protect your child’s future early on.
Criminal Defense Representation for Juvenile Offenses Across Brevard County
Our juvenile defense attorneys in Melbourne, FL, serve clients across Brevard County and the Space Coast region. Wherever your child was arrested, our law offices can help.
Palm Bay Juvenile Defense Lawyer
Our law offices represent minors from Palm Bay. Whether the arrest occurred at a Palm Bay school, neighborhood, or business, juvenile criminal cases proceed through the same Viera DJJ intake and court process.
Viera / Rockledge Juvenile Defense Attorney
Our law offices also help minors when facing juvenile crime charges in Rockledge or Viera. We know the juvenile court system, judges, prosecutors, and JPOs who handle alleged crimes in this area.
Cocoa and Cocoa Beach Juvenile Defense Lawyer
Our firm also handles juvenile crimes in Cocoa and Cocoa Beach. These areas are home to many active caseloads, particularly involving school-related offenses, drug possession charges, and property crimes.
Titusville Juvenile Defense Attorney
Our attorneys represent children facing juvenile crime charges in Titusville and the surrounding areas. We understand the specific procedures in the 18th Circuit juvenile court system and are ready to help.
Merritt Island Juvenile Defense Lawyer
Our firm handles alleged offenses involving Merritt Island juveniles. We help through every stage of the DJJ process.
Satellite Beach, Indialantic, and Melbourne Beach Juvenile Attorney
Our law offices handle juvenile charges ranging from school-related incidents to drug and property offenses. Our firm serves all of these communities under the 18th Circuit.
West Melbourne and Malabar Juvenile Defense
Our firm also serves families in West Melbourne, Malabar, Grant-Valkaria, and other southern Brevard communities.
Don’t see your city? We serve all of Brevard County. Call 833-922-0554 toll-free.
Was Your Child Arrested For an Alleged Crime? Why Hire a Melbourne Juvenile Attorney From Our Law Firm?
- The system moves fast, and the stakes are real. A detention hearing happens within 24 hours of the child’s arrest. A JPO submits a risk assessment beforehand, shaping the rest of the procedures before anyone walks into court. If you wait to hire a lawyer, you risk losing the most critical opportunity to advocate for release to protect the child’s future.
- The Brevard County State Attorney’s Office decides whether to prosecute or divert. First-time offenders aren’t guaranteed alternative outcomes. Our juvenile attorneys in Melbourne, FL, understand how decisions are made and how to present the minor’s situation to give them the best chance of avoiding prosecution.
- Florida is the worst state for juvenile defendants. Prosecutors can charge minors as adults. If your child is facing felony charges, you need a juvenile defense lawyer who will fight to keep them in juvenile court, where the goal is rehabilitation, not prison.
FAQs for Juvenile Crimes in Melbourne, FL
Does My Child Need a Lawyer for Juvenile Charges in Florida?
Yes. While the juvenile justice system is less formal, minors can still face serious consequences if convicted. A juvenile criminal defense lawyer helps protect the child’s future by working to minimize long-term consequences, such as criminal records.
Are Juvenile Records Sealed in Florida?
Not automatically. Some records may be eligible for sealing or expungement, but they do not disappear on their own. More serious criminal convictions can remain accessible to police or government agencies even if they’re sealed.
How To Get a Juvenile Record Expunged in Florida?
To expunge a juvenile record, you generally must:
- Complete any required sanctions or supervision
- Avoid additional arrests or charges
- Apply through the Florida Department of Law Enforcement(FDLE)
- Obtain a certificate of eligibility before filing a petition
Mistakes can delay or prevent approval. A criminal defense lawyer can help with expungement in Melbourne, FL.
Can a 12-Year-Old Be Tried as an Adult in Florida?
Typically, no. Crimes involving 12-year-olds are generally handled within the juvenile justice system. However, in rare and very serious juvenile criminal cases involving violent felonies, prosecutors may seek to transfer them to adult court, though it is uncommon at that age.
Can a 14-Year-Old Be Tried as an Adult in Florida?
Yes, under certain circumstances. Florida law allows prosecutors to “direct file” charges in adult court for minors as young as 14 if the offense is serious enough. This decision can significantly increase potential penalties.
How Long Can a Juvenile Be Detained in Florida?
Minors can be held in detention for up to 21 days before an adjudicatory hearing (trial), unless the judge grants an extension. Detention reviews must occur regularly, typically every 24 hours initially, then every 72 hours, to determine whether continued detention is appropriate.
Contact a Melbourne Juvenile Defense Lawyer For a Free Consultation
What happens next will shape your child’s future. Acting quickly gives you the best chance to protect their record, their rights, and their future.
For a free consultation, call our law offices at 321-725-3425 or toll-free at 833-922-0554, or fill out the contact form.