Phone Available 24/7
904.513.3905
Menu
Free Criminal Case Review

Start Your Path To Justice Now.

Free Case Review
free case review

Free Criminal Case Review

Start Your Path To Justice Now.

Juvenile vandalism charges are more common than you might think. In the most recent year reported, there were more than 1,000 juvenile delinquency arrests for vandalism in Florida. Nearly half were offenses that would have been felonies if committed by an adult.

Though the juvenile justice system is somewhat different from the adult criminal court system, the consequences of a juvenile arrest can still be serious. If your child has been accused of vandalism, you should speak with an experienced juvenile vandalism lawyer right away.

Juvenile Vandalism Overview

Facing Juvenile Vandalism Charges? We Can Help

Juvenile criminal defense attorney Matthew Lufrano has devoted his legal career to helping both juveniles and adults accused of crimes in Florida. His extensive experience in both the juvenile justice system and the adult criminal courts means he has the skills and knowledge to assist with any juvenile charge.

At Lufrano Legal, we know it’s important for you and your family to have reliable guidance right away when your child is facing juvenile charges. We offer free consultations to help you choose the best next steps. You can schedule yours right now by calling (904) 513-3905 or filling out our contact form.

What is Juvenile Vandalism? Understanding Teen Vandalism Crimes

In Florida, vandalism is covered by the state’s criminal mischief statute. Criminal mischief is defined as willfully and maliciously injuring or damaging someone else’s property, including graffiti and other acts of vandalism.

The crime may be a felony if the damage is $1,000 or more, the person has a prior conviction, or the act interferes with business operations or certain types of public services. The charge may also be a felony if the property was a religious institution, memorial or historic property and the damage is more than $200.

Juvenile Vandalism Consequences

Legal Consequences for Teens Charged with Juvenile Vandalism

Vandalism charges for minors can carry serious consequences. The possible consequences will depend on a wide range of factors, including:

  • Whether the charge would have been a misdemeanor or felony in the adult system
  • Whether the juvenile has prior arrests or adjudications in the juvenile system
  • The role the juvenile played in the offense
  • The juvenile’s age
  • How the case is handled

Juvenile charges may range from a term of probation followed by dismissal of the charges to sentencing to a juvenile detention facility. An experienced juvenile vandalism lawyer can explain the likely consequences in a case like yours and can advise you on the best approach in your case.

Common Mistakes Parents Make

One of the most serious mistakes parents make when a child is facing juvenile vandalism charges or other allegations of delinquency is not taking the proceedings seriously enough. Juvenile proceedings are less formal than adult criminal proceedings, and the court in a juvenile case is supposed to take the best interests of the child into account–the goal isn’t purely punitive. That can lull parents into a false sense of safety.

Similarly, parents often want the child to own up to what they’ve done. While that may be a good moral lesson, it’s typically a terrible way to approach criminal charges. When your child makes an admission in court, they give up many of their Constitutional rights, cutting off many of the ways a juvenile defense lawyer could help them.

The time may come when the best next step is to make an admission, but that should never happen before you’ve had an opportunity to consult with a juvenile vandalism defense attorney.

Available 24 / 7 Whenever You Need Us

Top Criminal Attorney in Jacksonville

Need an experienced criminal law firm in Jacksonville? Contact Lufrano Legal today to schedule your free initial consultation.

904.513.3905

Contact Us
Matthew Lufrano
Lawyer Matthew Lufrano
Florida board criminal trial certification badge
Super Lawyers

Juvenile Vandalism Defense

How a Juvenile Vandalism Lawyer Can Defend Your Teen

Even before your juvenile vandalism lawyer enters an appearance in the case, they can help your family by:

  • Explaining what to expect as the case moves forward
  • Telling you about common mistakes and pitfalls that could hurt your child’s case
  • Advising you and your child on how to protect their defense as the case moves forward

A teen alleged delinquent has most of the same rights as an adult criminal defendant. That means a teen vandalism lawyer has a wide range of possible approaches, including:

  • Negotiation for dismissal of the charges, either based on the circumstances and the teen’s background or based on weaknesses in the case
  • Negotiation for a diversion agreement that would terminate the case without an adjudication of delinquency if the teen successfully completed probation
  • Motions to suppress evidence, such as evidence that was obtained through an unlawful search, potentially weakening or even destroying the prosecution’s case
  • Representation of your child at a contested hearing before the juvenile court judge, in which the prosecution must prove its case beyond a reasonable doubt

Taking Action: What You Should Do Now

The very first thing you should do when you learn that your teen has been accused of juvenile vandalism or any other offense is to advise your child not to talk to anyone about the allegations or the circumstances surrounding them. Many people–especially young people who are not experienced with the legal system–believe they can clear things up quickly and easily if they simply tell the truth. That can be very dangerous, even if your child is innocent.

Your next step should be to seek out a Jacksonville criminal defense attorney experienced in juvenile vandalism cases. It’s critical that you understand exactly what is happening, what’s at risk, and how to protect your family before you engage with the prosecution. If at all possible, you should retain your juvenile criminal defense lawyer before your first court appearance, and definitely before you or your child speaks with law enforcement or the prosecution.

Schedule Consultation

Why Choose Lufrano Legal for Juvenile Criminal Defense?

Attorney Matthew Lufrano has been fighting for juveniles and adults accused of crimes in Florida for more than 15 years. He has tried several dozen criminal cases in Florida courts and is recognized by the Florida Bar as a Certified Expert in Criminal Trial Law.

At Lufrano Legal, we know arrests don’t always happen during business hours–and we know you need help fast when your child is accused of a crime. Contact us today, we’re here for you 24 hours a day, 365 days a year. That means you can call us right now, no matter what time it is. Just dial (904) 513-3905.

Florida Juvenile Defense FAQs

Yes, in some cases minors in Florida are tried in adult courts. In fact, an unusually high percentage of juvenile offenders are tried as adults in Florida. During the 2018-19 fiscal year, 1,096 juveniles in Florida were sent into the adult criminal justice system.

In some cases, prosecutors have the discretion to file charges in adult court without any type of hearing in juvenile court. In other cases, they are required to file in adult court. Children as young as 14 may be tried as adults based on direct filing in the criminal court system, without any court overview. 

Although it’s less common, a juvenile under the age of 14 can also be indicted by a Florida grand jury.

A Florida prosecutor has the discretion to file adult criminal charges against a person who was 14 or 15 at the time the crime was committed if the crime in question is one of several listed crimes, including arson, sexual battery, rape, kidnapping, aggravated assault or battery, armed robbery and other serious crimes. 

A minor who was 16 or 17 at the time of the crime may be charged as an adult for any felony, and may be charged as an adult for a misdemeanor if he or she has at least two prior juvenile adjudications and at least one involved a felony.

Under certain circumstances, the prosecution can also petition the court to “waive” the juvenile into adult court. This process is known as an involuntary waiver. Depending on the specifics, an involuntary waiver may be discretionary (meaning that the prosecutor can decide whether or not to request transfer to adult court) or mandatory (meaning that the prosecutor must either make the request or provide written reasons for not doing so). 

A child may also be tried as an adult in Florida if the minor and his or her parents make a demand for transfer to adult court. This is known as a voluntary waiver.

About half of U.S. states set a minimum age for juvenile delinquency proceedings, but Florida is not one of them. Depending on the circumstances, a child of any age can be adjudicated delinquent.

When a juvenile is initially apprehended on suspicion of having committed a crime, he or she may be held briefly before appearing in court. Florida juveniles do not receive a bond; court’s review a Risk Assessment Instrument to determine whether the child scores for straight release, home detention, or secure detention (in a juvenile detention facility).  The more serious the offense, the more a child will score. Under most circumstances, a court may only hold a child in detention for 21 days before the prosecution must try the case or allow release pending resolution. 

If a child is direct-filed or transferred to adult court, they will be detained in the county jail much like any other adult criminal defendant.

Juvenile court proceedings are different from adult criminal court proceedings, and not all of the same protections apply. However, a juvenile accused of a crime does have a right to be represented by an attorney. Generally, it is in your best interest to consult a defense attorney immediately after your child has been accused of a crime, whether that means a juvenile delinquency proceeding or adult criminal charges. Even a juvenile court can impose serious consequences, including placement in a residential facility. During the 2018-19 fiscal year, there were more than 2,800 commitments of juveniles to residential facilities in Florida. 

Juvenile proceedings differ from adult criminal proceedings, so you will want to speak with an attorney who has specific experience in the juvenile justice system.

In Florida, law enforcement can choose to issue a civil citation for certain juvenile crimes, rather than making an arrest. This option is available for first offenses that are considered common youthful misbehavior, and include fighting without serious injury, minor shoplifting, vandalism, trespassing and similar offenses. 

This program requires that the juvenile fulfill certain obligations, including community service, writing letters of apology and undergoing risk assessment to determine the likelihood of subsequent offenses.

Most juveniles who are sentenced to confinement in Florida are committed to residential facilities throughout the state. The specific facility a juvenile is sent to and the conditions in that facility depend on factors such as the crime committed and the level of security required. 

But, juveniles who are tried as adults may be sentenced to adult prisons. In 2017, the State of America’s Children report listed Florida as the state with the most juveniles incarcerated in adult jails and prisons.

A conditional release is a type of monitored release intended to help ensure a successful transition for a juvenile who has been released from a residential facility. Conditional release is similar to probation; however, a violation of conditional release could result in a transfer hearing wherein the Department of Juvenile Justice makes the decision to send the juvenile back to a residential facility without court oversight.

When a juvenile is alleged to have violated probation in Florida and admits to the violation, the court has broad discretion to modify the terms of probation, impose sanctions, or revoke probation. If the juvenile denies having violated probation, he or she is entitled to a hearing and has a right to an attorney during that proceeding. If the court determines that a violation has occurred, the judge has the same options as if the juvenile had admitted to the violation.

A delinquency adjudication in the juvenile justice system is not technically a criminal conviction. However, the adjudication can have some of the same impacts as a criminal conviction. For example, a juvenile adjudication can disqualify the minor from possessing  a firearm or ammunition, either until the age of 24 or permanently. A juvenile adjudication may also be an obstacle to military service, and may be considered a disqualifier by some employers. Also, under some circumstances, juvenile dispositions are treated as prior convictions for purposes of adult sentencing.

If a juvenile is tried as an adult and found guilty, that determination is a criminal conviction and may have further reaching consequences.

Many people believe that a juvenile record is automatically sealed when the person adjudicated delinquent becomes an adult. However, the process is more complicated and less certain than that. First, while some juvenile adjudications are automatically expunged, this doesn’t happen as soon as the person turns 18. In many cases, automatic expungement doesn’t happen until the adjudicated person turns 26. And, some adjudications aren’t eligible for automatic expungement at all. 

In some cases, it is possible to petition the court to have records expunged earlier.

Juvenile arrests in Florida have declined over the past several years, in part due to the pre-arrest diversion program. In the 2018-19 fiscal year, there were just under 55,000 juvenile arrests in the state of Florida.

When you find out that your child has been arrested, you’ll want to act quickly. In Florida, police can question a juvenile without a parent present. So, you’ll want to find out where your child is and then immediately contact an experienced juvenile defense lawyer. When you speak with your child, remember that what they tell you is not privileged. So, it’s best not to ask questions about what happened–your child can provide that information to their attorney in a confidential setting.

Similarly, you should advise them not to talk to friends about the events that led to their arrest, or to post on social media or otherwise share any information.

In many ways, Florida juvenile cases and adult criminal cases are similar. For instance, a juvenile facing allegations of delinquency has most of the same Constitutional rights as an adult defendant. And, both juvenile and adult criminal proceedings can have serious consequences. But there are a few important differences.

Juveniles are less likely to be detained while the proceedings move forward. The juvenile delinquency procedures are a bit less formal, and parents are involved in the process. The state positions the process as less adversarial than adult criminal proceedings, but that isn’t always true, so don’t be lulled into a false sense of security when dealing with law enforcement and prosecutors.

Juveniles are not entitled to a jury trial–if a disposition hearing is required it will be the judge who considers the evidence and makes a decision. The sentencing possibilities are also different. However, it’s important to note that juveniles can be sentenced to detention.

Juvenile offenses cover a broad spectrum, just as adult criminal charges do. Virtually any action that would be a crime if the accused were an adult can also be treated as a juvenile offense. A minor may face juvenile proceedings for underage drinking or spray painting a sidewalk. However, the offenses juveniles most often face delinquency proceedings for are more serious. Some of the most common include assault and battery, burglary, theft, drug offenses, and weapons-related offenses.

The important thing to remember is that any juvenile offense, even a seemingly-minor one, can have serious consequences. And, many Florida crimes are considered so serious that the prosecutor has discretion to charge a 17-year-old as an adult.

First, don’t jump straight to sentencing. Your juvenile defense attorney may be able to find a problem with the case and get it dismissed, or persuade the prosecution to offer participation in a diversion program or other resolution that doesn’t involve an adjudication of delinquency.

If your child admits the violation or is adjudicated delinquent at a hearing, the court’s sentencing options range from probation and community service to sentencing to a juvenile detention facility. Of course, this assumes that the juvenile is tried as a juvenile. A juvenile who is tried as an adult may face the same penalties as an adult, including sentencing to an adult jail or prison.

The best time to hire a juvenile defense attorney is the moment you find out your child has been arrested or is facing allegations of delinquency. It’s easy to make mistakes early in the process that can affect the outcome of your child’s case. Ideally, you will hire an experienced juvenile defense lawyer before you or your child has any substantive discussions with law enforcement or the prosecution, and as far in advance as possible before the first scheduled court appearance.

A juvenile defense attorney can help at every stage of a juvenile proceeding, beginning with ensuring that you and your child understand your child’s rights and are armed with the information you need to avoid harmful missteps.

An experienced juvenile lawyer will also know the possible options for avoiding an adjudication of delinquency, and what factors will help persuade the prosecution to agree to an alternative resolution. If your child’s case goes to an adjudicative hearing–like a trial–your attorney will handle all of the substantive and procedural issues, from subpoenaing witnesses and getting evidence introduced to zeroing in on any weaknesses in the prosecution’s case.

Juvenile proceedings are different from adult criminal proceedings, and the options available to your child may be different. That means not every criminal lawyer is equipped to give your child the best representation in a juvenile proceeding. A juvenile may also face efforts to move the case to adult court. Ideally, your attorney will be experienced in both juvenile defense and adult criminal court proceedings, so they are prepared to effectively represent your child in juvenile court, fight any effort to try the child as an adult, and then continue representation if the case is moved to adult criminal court.

A juvenile case may start with an arrest, a notice to appear (like a ticket), or a summons. If the prosecution and juvenile defense attorney don’t reach a non-charging resolution, a petition is filed in the juvenile court. The next steps are similar to an adult proceeding: an arraignment hearing where the child is informed of the allegations and the entry of a plea of either guilty or not guilty.

Next, both parties engage in discovery, which is an exchange of information. At the same time, your attorney may continue to negotiate to resolve the case without a hearing. If that doesn’t work out, a hearing that is much like a criminal trial will be held. The main difference is that the judge, not a jury, will decide the case.

A minor in a juvenile proceeding has most of the same Constitutional rights as an adult, including the right against self-incrimination, the right to an attorney, and protection against unreasonable search and seizure. One key difference is that a juvenile does not have a right to a trial by jury.

Many juvenile records can be sealed or expunged. But there are some exceptions. And, the process can be more complex than many people assume. Some records are automatically expunged, but not when the minor turns 18. The date varies, and may be as late as their 26th birthday.

Some records can be expunged earlier on application, and others can’t be expunged at all. In some cases, eligibility for expungement can be lost due to a later conviction. The best source of information about whether a particular record can be sealed or expunged is an experienced local juvenile defense lawyer.