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.

 

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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

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.