Juvenile Crimes Defense in Miami

The juvenile system is different from adult court, and the decisions made in the first days, about detention, diversion, and whether the case stays in juvenile court, can shape your child's future. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

How Juvenile Court Is Different

In juvenile court, a child isn't convicted of a crime. The State files a delinquency petition, and the judge decides whether the child committed a delinquent act. If so, the judge can either adjudicate the child delinquent or withhold adjudication. That difference matters for records and future consequences.

Juvenile court focuses more on rehabilitation, with options like probation, community service, counseling, and diversion programs. But serious charges can still mean commitment to a residential program, or transfer to adult court.

Arrest and the Detention Hearing

When police take a child into custody, they must try to notify a parent or guardian.

If the child is held in detention, Florida law requires a detention hearing within 24 hours after the child is taken into custody. At that hearing, the judge decides whether there is probable cause and whether the child must stay in detention. The judge considers the results of a risk assessment instrument, a scoring tool that weighs the charge, prior history, and other factors.

A lawyer at the detention hearing can challenge probable cause, correct the risk score, and argue for release home to the family.

School Arrests and School Discipline

Many juvenile cases start at school: a fight, a phone, a vape, or something found in a backpack. A school incident can lead to both a criminal case and school discipline, such as suspension or expulsion. Schools have strict policies on weapons, drugs, and violence. What your child says to school administrators or a school resource officer can be used in the criminal case. Get a lawyer involved early, before school meetings if possible.

Civil Citation and Diversion

For many first-time and minor offenses, Florida encourages alternatives to arrest and prosecution:

• Prearrest delinquency citation (civil citation). Instead of an arrest, a child may be referred to a program with community service, counseling, or other conditions.
• Postarrest diversion. After an arrest, a child may be placed in a diversion program instead of prosecution.

Successfully completing a diversion program can make your child eligible to have the nonjudicial arrest record expunged. Program eligibility and terms vary, so we review the options right away.

Direct File and Transfer to Adult Court

Some children can be prosecuted as adults:

• For children 14 or 15, prosecutors can directly file adult charges for certain serious offenses listed in the statute, such as arson, sexual battery, robbery, kidnapping, and others.
• For children 16 or 17, prosecutors have broader discretion to file adult charges when they believe the public interest requires adult sanctions.
• Prosecutors can also ask a judge to waive a child 14 or older to adult court after a hearing.

Adult court can mean adult penalties, including mandatory minimums, although a judge may still impose juvenile sanctions in some cases. Keeping the case in juvenile court is often the single most important goal. See Violent Crimes Defense.

Sealing and Expunging Juvenile Records

Florida automatically expunges many juvenile records over time. Generally, a juvenile record is kept until the person turns 21 and then expunged, unless the person is classified as a serious or habitual juvenile offender (kept until 26) or has later adult or certain other records. Earlier sealing or expungement may be possible in some cases.

The outcome of the case, including diversion, withhold of adjudication, or dismissal, affects what can be cleared and when.

How a Juvenile Record Can Affect Your Child's Future

Even after a case ends, a juvenile record can come up in college applications, financial aid, military enlistment, job background checks, professional licenses, and immigration. For non-citizen children, some juvenile matters can still affect immigration status. That's why the outcome matters, even in a "small" case.

The Parents' Role

• Parents are not the client, but they are a key part of the defense. The child's lawyer must protect the child's confidences, and we work closely with the family.
• Costs. Juvenile cases can involve court costs, restitution, and program fees. Parents are often involved in paying or arranging them.
• Supervision. Judges look to parents for structure: school attendance, curfew, and appointments.

Talking to Police

Children are entitled to the same rights as adults, including the right to remain silent and to have a lawyer. But kids often don't understand those rights, and officers may question them at school or at home. Don't let your child talk to police without a lawyer, even if the officer says it's just to clear things up. You can politely say your child will not answer questions without a lawyer, and then call us.

What to Do Right Now

1. Call us immediately, especially if your child is in detention. The hearing is within 24 hours.
2. Tell your child not to discuss the case with police, school staff, friends, or on social media.
3. Gather information — school records, report cards, activities, jobs, counseling, and medical needs. These help at the detention hearing.
4. Don't talk to the alleged victim or witnesses about the case.
5. Save evidence — texts, videos, and names of people who saw what happened.

Facing a specific charge? See Drug Crimes, Theft, and Violent Crimes.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

How soon will my child see a judge?

If your child is held in detention, Florida law requires a detention hearing within 24 hours of being taken into custody.

Will my child have a criminal record?

Juvenile records are treated differently, and many are expunged automatically over time. Diversion and the outcome of the case also affect the record.

Can my child be charged as an adult?

For some serious charges, yes, starting at age 14. Fighting to keep the case in juvenile court is a top priority.

What is civil citation?

A Florida program that can send a child to community service or other conditions instead of arrest, for eligible offenses.

Should my child talk to the school resource officer?

Not without a lawyer. Statements at school can be used in the criminal case.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.