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Recent Juvenile
Case Wins
BURGLARY OF A STRUCTURE/CONVEYANCE -
Not Guilty after Trial
The client allegedly broke into a car and stole a purse, cd player
with a remote control. The police found my client a short distance
away. The remote control was found near his feet. The accuser
identified the remote control as being the one that was stolen from
her. My client testified that he didn't know how the remote got by
his feet.
GRAND THEFT AUTO - Not Guilty after
Trial
My client was caught riding a stolen ATC vehicle. There is a statute
that gives the State a presumption of guilt to theft if he is in
possession of recently stolen property. In spite of this, through
cross-examination, enough reasonable doubt was created as to whether
he knew it was stolen. This was my third case with this same client.
He's like Teflon - nothing sticks to him.
AGGRAVATED ASSAULT ON SCHOOL BOARD
EMPLOYEE - Not Guilty after Trial
This happened at Dwyer High School in Jupiter, Florida. My client
was driving a van in the school parking lot. A friend of his was
joyriding on the hood. His friend jumped off the hood. The police
aid working for the Palm Beach County School Board District went in
front of the van. She ordered my client to stop. My client refused,
shaking his head in a negative fashion. The car surged towards her
almost knocking her down. My client testified that he saw her, but
tried to drive around her. He admitted to shaking his head "no" when
she told him to stop. He was unaware that she had to jump to safety.
BURGLARY OF A DWELLING - Juvenile
Sanctions, no prison
The client, a child, was direct filed (charged as an adult) for
burglary of a dwelling, 15 year maximum, grand theft, 5 years
maximum, and resisting arrest without violence, 1 year maximum. The
child scored 22 months prison. That's what the State of Florida
offered to resolve the case. I convinced a Palm Beach County Judge
to give the child juvenile sanctions. As a result, the child does
not have a felony conviction on his record. He also got his GED.
Also, the child did not do any prison time for this offense.
BATTERY ON A SCHOOL BOARD EMPLOYEE -
Not guilty after trial, but guilty of misdemeanor battery
A school board employee was trying to break up a fight. My client
was fighting three other people. My client hit the school board
employee. However, at trial, on cross-examination, I got the accuser
to admit that he did not have any credentials on his clothes that
showed he was a school board employee. My client hit him so hard
that he knocked his tooth loose.
BATTERY AND RESISTING ARREST WITHOUT
VIOLENCE - Not Guilty after Trial
This was a case of self-defense. My client suffered injuries from
another person who hit her with a shoe. My client was bleeding. My
client then fought back, which is reasonable self-defense. The Judge
found that the cops did not have enough probable cause to arrest my
client for battery because of the self-defense claim. She was found
not guilty of battery. Also, we beat the resisting arrest charge
because the State could not prove that the police were making a
lawful arrest. She resisted arrest by turning away from police and
running. It's perfectly legal to resist arrest without violence if
the police are making an unlawful arrest.
ATTEMPTED PURCHASE OF MARIJUANA -
Motion to Dismiss GRANTED
The client was absolutely guilty of trying to buy marijuana. It was
a reverse sting operation in Delray Beach, Florida. Undercover
agents were posing as street-level dealers selling fake pot. A
passenger in the car, next to my client said "let me get two." My
client gave ten bucks to his friend. The friend then gave the money
to the undercover agent for the weed. My client was arrested. The
state violated my client's speedy trial rights. The charging
document was filed too late. The judge granted the motion to dismiss
all charges.
What is the purpose of the Florida
juvenile system?
The purpose of Florida's juvenile justice system is to protect
society more effectively by attempting to rehabilitate, not just
punish, children who commit crimes. Children in Florida are persons
under age 18. Juvenile courts in Florida work with law enforcement,
prosecution and defense attorneys, and the Florida Department of
Juvenile Justice (DJJ) in devising rehabilitation plans for children
in trouble with the law. The courts will try to ensure that the
child learns from his or her experience and returns to the community
as a productive citizen, without having suffered permanent harm.
Children who are referred to the juvenile court have many of the
same rights as an adult charged with a crime. You and your family
should understand those rights.
The following questions and answers provide you with specific
information and procedures for you to follow . . . IF YOUR CHILD IS
ARRESTED.
If your child is brought in for
questioning, should he or she cooperate with law enforcement?
Yes and No. A good general rule is to tell your child that if taken
to the police station as a suspect, he or she should be cooperative,
but not answer questions about particular offenses until his or her
attorney is there. Anyone taking a child into custody must try to
notify the child's parent, guardian, or legal custodian. Florida law
says a child can be questioned outside the presence of his or her
parents. However, in deciding whether a confession will be admitted
as evidence against the child, the judge will consider whether the
child fully understands his or her constitutional rights, and
whether the parents should have been present to advise the child.
Children do have the right to consult an attorney before making a
statement or answering questions. You and your child should
definitely consult with an attorney before speaking to the police.
An increasing number of juveniles are being charged as adults,
especially in Palm Beach county, Florida.
Juvenile records should be kept separately, are not available to
the public. After arrest, the police are required to release your
child to you or another responsible adult relative, or DJJ Intake
for the purpose of releasing your child to you. However, if the
child scores twelve points or more, he or she will most likely be
detained or held secure in a juvenile detention facility. The
detention facility in Palm Beach county is off of 45th St. by the
railroad tracks.
Can your child be put in adult jail?
No, unless your child has previously been tried and convicted in
adult court, or is being transferred to adult court for the first
time. If your child is held in jail, he or she must be separated
from adult inmates by sight and sound.
Your child can be placed in "detention care" pending a court
hearing. The DJJ Intake Counselor will determine if detention is
necessary based on specific criteria. Detention may include "secure
detention" (physical restriction in a DJJ detention facility); "nonsecure
detention" (placement in a physically nonrestrictive residential
facility supervised by DJJ); or "home detention" (placement at home
with DJJ supervision). If your child will be detained, a reasonable
effort must be made to notify you. A child may not be detained for
more than 24 hours without a hearing before a judge to determine the
need for continued detention. Once a child is placed into detention,
an adjudicatory hearing (trial) must begin within 21 days. Juvenile
cases go through the system with lightning speed. It is important to
hire an experienced criminal attorney early in the proceedings.
If the police charge your child,
what procedures follow?
Information concerning the charges will be furnished to the DJJ and
to the state attorney for review. A counselor from DJJ may contact
you and your child and arrange a conference to discuss the charge
and your child's background. Your child should refrain from
answering questions about involvement in the actual crime, because
this conversation can be used in court in many instances. DJJ will
make recommendations to the state attorney concerning appropriate
ways to handle the matter. These recommendations are advisory only;
the state attorney will make the final determination as to whether
or not formal charges (a delinquency petition) will be filed against
your child.
Are all law violations by children
handled in juvenile court?
No. If your child commits a violation of law pertaining to the
operation of a motor vehicle, other than a felony traffic offense,
the charges will be referred to the same court that handles traffic
and motor vehicle offenses committed by adults. There are provisions
in Florida law that allow the state attorney to transfer certain
charges and certain children for prosecution in the criminal courts.
A child, joined by his or her parents, has a right to demand to be
tried as an adult.
Does your child have a right to be
represented by an attorney?
Yes. Florida law provides your child the right to be represented by
an attorney at all stages of any juvenile court proceeding. If the
judge determines that you are financially able to do so, you have an
obligation to provide an attorney for your child. If you are not
financially able to hire your own attorney, the court may appoint a
public defender to represent your child. If a public defender is
appointed, the court can assess a fee for the public defender's
services against you as your child's parent or guardian. Any
attorney is obligated to represent your child's best interests and
not necessarily the parent's wishes.
Does your child really need an
attorney in delinquency proceedings?
Yes because your child is facing time in a juvenile facility.
Remember that your child's attorney will represent the child's
interest. Discussions about the case between your child and his or
her attorney are confidential. The attorney will be as cooperative
as possible with the parent(s), but cannot violate confidences
between the attorney and your child.
If a delinquency petition is filed against your child, it is wise
to have an attorney determine whether there is a legal basis for the
charge as well as whether the legal requirements were met before the
charges were filed. This is even more important when the state
attorney is seeking prosecution against your child in adult court.
Does your child have a right to a
trial in juvenile court?
Yes and No. Your child is entitled to a non-jury trial. In other
words, the judge will hear the case and decide whether your child
should be found not guilty. There is no constitutional right to be
tried as a child merely because of age. A child may demand to be
tried as an adult or may be transferred for prosecution as an adult
under certain circumstances.
If a delinquency petition is filed against your child and he or
she pleads not guilty, a trial will be held before a juvenile court
judge. If the child is prosecuted as an adult, the trial will be the
same as an adult criminal proceeding.
What is a "treatment plan"?
Florida law provides that a child who has had a delinquency petition
filed against him or her can make a contract with the judge to be
placed voluntarily under the supervision of DJJ without admitting
guilt. The child gives up the right to a speedy trial and agrees to
obey specific conditions. The judge promises that if the child
complies with the conditions, the delinquency petition will be
dismissed and the child's record will be wiped clean.
If the child does not comply, the delinquency
petition can be brought up again. The child will need the help of an
attorney and the DJJ counselor to prepare the required documents.
The treatment plan is an excellent way for a child to "pay for the
crime," without retaining a record in juvenile court. The plan must
include the state attorney's consent to defer prosecution.
What happens if your child is found
guilty?
If your child pleads guilty or is found guilty, the judge will go on
to the dispositional phase of the delinquency proceeding to
determine what should be done for your child. At the disposition
hearing the court is required to consider a report prepared by DJJ
which contains information on your child and his or her background.
The court is required to discuss the offense with your child and
give everyone present, including the victim, you, your child, your
child's attorney, the prosecutor, the arresting officer, and
representatives of DJJ and your school system an opportunity to
comment on the offense and an appropriate disposition. Many times a
child is placed on probation, called community control, with
specific conditions the child must obey.
For children charged with serious offenses or who have a record
of serious offenses, commitment to DJJ may be ordered. The child is
then placed in the custody of DJJ. Commitment may be to a program in
which your child still remains at home, or to a program in which
your child is temporarily removed and placed in a residential
facility.
A finding of guilt in a juvenile proceeding can later be used by
the court in sentencing in adult court for subsequent criminal
convictions under certain circumstances. This includes sentences
even when adjudication was withheld. A common misconception is that
juvenile cases do not count against you later. This is not true. If
your child is convicted after he or she turns 18, the government
will hold those juvenile convictions against them.
Do you have any liability for
delinquent acts committed by your child?
You may. Florida law allows the juvenile court to order you to pay
restitution to the victim of up to $2,500 for each criminal episode
in which your child is involved. In these cases, your liability is
limited to the actual damages plus court costs. Additionally,
another provision of Florida law allows the victim to sue you
outside of juvenile court for damages done to the victim's property
by your child. You may wish to consult with an attorney if it
appears an effort will be made, either in juvenile court or in a
separate lawsuit, to hold you financially liable for damages done by
your child.
Are juvenile court records
confidential?
Yes. Juvenile records should be kept separate and apart from other
court records. Accessibility is limited to the child, his or her
attorney and parents, DJJ, law enforcement, some school personnel,
and some correctional staff. They should never be accessible to the
general public. Even the records of related agencies are not
accessible without permission of the court. As with police records,
there is also provision for destruction at specific points in time.
Victims also have a right to the information and reports.
Does this mean the media cannot
publish your child's name?
No, it does not. Juvenile court hearings are open to the public
unless closed by the court. The press is free to publish any
information gathered at a public hearing. Florida law also permits
the police to release the name and address of a child 16 years of
age or older who has been arrested for a felony.
JUVENILE LAW
Florida Juvenile Defense Lawyer -
Juvenile Delinquency
Juvenile law was originally intended to
rehabilitate, not punish. However, Florida "direct-files" or charges
juveniles as adults more than most States. Many times, children
barely out of elementary school are detained by police and
questioned without their parents or lawyer present.
Grey Tesh, Florida Juvenile Defense Attorney, started his legal
career at the Public Defenders Office representing accused
juveniles. In his first five months, he tried about twenty (20)
trials in the juvenile delinquency division. Grey Tesh counsels the
child not only as to the criminal case, but also as to getting good
grades and attending school. The Judge is very concerned about how
the child does in school. Grey Tesh wants to avoid jail time for
your child by successfully negotiating creative rehabilitative
options.
Call Grey Tesh, Florida Juvenile Defense Lawyer, to help your
child or grandchild, whether they are charged with:
- Drug Possession or Drug Sale
- Aggravated Battery or Assault
- Theft
- Gun Crimes
- Sex Crimes
- Trespassing
- OR You want to get their record sealed.
Contact Grey Tesh
Palm Beach Juvenile Lawyer
Top Juvenile Defense Attorney
Florida Juvenile Lawyer
aaacriminaldefense.com has its principal
office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr.
Tesh represents clients charged with serious federal criminal
offenses before Federal Criminal Courts in Miami, Fort Lauderdale,
West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach,
Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts
throughout the United States of America.
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If convicted, you have only ten (10) days in Federal Court, as
opposed to thirty (30) days in Florida, to file a notice of appeal.
If you want to appeal a conviction, you must contact
a Federal criminal appeals attorney immediately as time is of the
essence.
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