What happens after a juvenile arrest in Pinellas County
Most children arrested in Pinellas County are taken to the Pinellas Juvenile Assessment Center at 14500 49th Street North in Clearwater. It's run by Operation PAR and the Florida Department of Juvenile Justice. Staff there process your child and complete a detention risk assessment, a scored form that weighs the charge and any prior history. That score largely decides whether your child is released to you or taken to the Pinellas Regional Juvenile Detention Center on 140th Avenue North.
The first thing to tell your child is not to talk about the case with officers, other kids in detention, or anyone on a recorded phone line. Even a child who did nothing wrong can say something that gets twisted. Call us before anyone sits your child down for an interview, including a school resource officer.
Juvenile detention hearings in Florida
Under section 985.255, a child held in detention must see a judge within 24 hours. At that hearing the judge decides whether your child stays in secure detention, goes home on supervised release, or is released outright. This is the first real chance to argue for bringing your child home, and it helps to have a lawyer there who has spoken with you about school, family supervision and anything the risk assessment missed.
Section 985.26 generally limits secure detention to 21 days unless the trial has started. For serious felonies and firearm charges, the judge can extend that in 21-day increments for good cause. A child on supervised release at home can be held longer, with a review hearing after 60 days.
Juvenile civil citation and diversion in Pinellas County
Many first-time juvenile cases never reach a courtroom. Under section 985.12, every judicial circuit in Florida must run a prearrest delinquency citation program, formerly called civil citation, for misdemeanor offenses. Instead of an arrest, the officer issues a citation, and your child completes requirements such as community service, restitution, classes or counseling. Offenses involving a firearm don't qualify.
For cases where an arrest already happened, section 985.125 allows post-arrest diversion programs run by law enforcement and the State Attorney. These can require your child to give up a driver license, or wait to apply for one, for up to 90 days. When a diversion program is finished, section 943.0582 allows the arrest record to be expunged if the charge was a misdemeanor or a felony that wasn't a forcible felony or weapon offense and your child has no other charges. We help families apply and pursue diversion when the officer didn't offer it at the start.
Adjudication vs. withhold of adjudication in juvenile court
Juvenile trials, called adjudicatory hearings, are decided by a judge with no jury. The State has to prove the charge beyond a reasonable doubt, your child has the right to remain silent, and illegally obtained evidence can be kept out. If the judge finds your child committed the offense, section 985.35 lets the court either adjudicate your child delinquent or withhold adjudication and place them on probation.
A withhold means there's no formal finding of delinquency, which is usually what we work toward when a case can't be won outright. The difference can come up later on applications that ask about a record. Depending on the charge and history, the court can also order a commitment program run by the Department of Juvenile Justice.
Can a juvenile be charged as an adult in Florida?
Yes. Under section 985.557, the State Attorney can "direct file" adult charges against a child who was 14 or 15 for certain serious offenses, including armed burglary, robbery, carjacking, aggravated assault and aggravated battery. For a child who was 16 or 17, prosecutors can direct file any felony. A misdemeanor can be moved to adult court only if the child has at least two prior adjudications or withholds, one of them for a felony. Once a child is convicted as an adult, later charges are generally handled in adult court too.
The direct file decision is usually made early. Doug Greenberg began his career as a state prosecutor, and he knows the kind of information that persuades a prosecutor to keep a case in juvenile court: school records, family support, counseling and a plan for supervision. We put that in front of the prosecutor before the decision is made.
Juvenile records and expunction in Florida
Under section 943.0515, the Florida Department of Law Enforcement keeps a juvenile's criminal history until age 21 and then expunges it automatically. For a child classified as a serious or habitual juvenile offender, or committed to a maximum-risk program, the record is kept until age 26. There are exceptions: if your child is charged with a forcible felony as an adult before the juvenile record is destroyed, the two records are merged and kept.
A young adult between 18 and 21 can apply for early expunction if they've had no charges in the last 5 years and the State Attorney approves. Our record sealing and expungement page covers the adult options.
School discipline after a juvenile arrest
An arrest can bring consequences at school even when the incident happened somewhere else. Under section 1006.09, if a student is formally charged with a felony, or a delinquent act that would be a felony for an adult, the school can start suspension proceedings for an off-campus incident after a hearing with notice to parents. The suspension can run longer than 10 days, and your child must be placed in an alternative education program in the meantime. If the court later finds your child committed the offense, the school board may expel them. Keeping the charge below a felony, or resolving it through diversion, can avoid this.
Questions parents ask about juvenile cases
How long can my child be held in juvenile detention in Florida?
A detention hearing must be held within 24 hours. After that, secure detention is generally limited to 21 days before trial, though a judge can extend it in 21-day increments for serious felonies and firearm charges. Many children are released home on supervised release at the first hearing.
What is a civil citation for a juvenile in Florida?
It's the older name for a prearrest delinquency citation. For a qualifying misdemeanor, the officer issues a citation in place of an arrest, and your child completes community service, classes or other requirements. If the program is finished, the case doesn't go to court.
Will a juvenile record follow my child into adulthood?
In most cases the state record is expunged automatically at age 21, or at 26 for serious or habitual offenders. Diversion records can be expunged sooner by application. A juvenile record can be merged into an adult record if your child is charged with a forcible felony as an adult before it's destroyed.
Can my child be tried as an adult for a misdemeanor?
Only in limited cases. A 16- or 17-year-old can be direct filed on a misdemeanor only if they have at least two prior adjudications or withholds, and one of those was for a felony.
Should my child talk to the police or a school resource officer?
Not without a lawyer. Children often try to explain or please the adult in the room, and what they say can be used in court. Tell your child to politely ask for a parent and a lawyer, then call us.