Orlando Juvenile Defense Attorney
Legally Reviewed by Simon Wiseman on October 23, 2026
When your child is arrested, it can feel like your family’s entire world has shifted overnight. Florida’s juvenile justice system runs on different rules than adult criminal court, but the outcome of your child’s case can still shape years of their future, from school enrollment to future job applications. The good news is that early, experienced legal help can change the direction of a juvenile case significantly.
The Wiseman Law Firm’s Orlando Criminal Defense Attorney provides aggressive representation for juveniles throughout Orlando and Central Florida. Attorney Simon Wiseman brings over a quarter century of trial-tested experience to every juvenile case, including his years as a former state prosecutor in Orange County, Orlando. He is a member of the Top 100 National Trial Lawyers and holds the Avvo Clients’ Choice Award, and he is available 24 hours a day to answer your call.
Critical — Florida Sends More Juveniles to Adult Court Than Any Other State
Prosecutors can direct file a minor as young as 14 into adult court without a judge’s approval. Waiting to hire an attorney can close the door on options that are only available in the earliest stage of a case.
Attorney Wiseman is available 24 hours a day and offers free, confidential consultations. The earlier you involve an attorney, the more options remain available to your family.
What Counts as a Juvenile Crime in Florida?
In Florida, a juvenile is anyone under the age of 18 at the time of the alleged offense, and juveniles can be charged with nearly the same range of offenses as adults. Rather than heading to adult criminal court, most cases involving a minor go through a separate juvenile delinquency division designed around rehabilitation instead of punishment.
That distinction matters, but it does not mean a juvenile charge is minor or automatically forgiven. Probation, commitment to the Department of Juvenile Justice (DJJ), and transfer to adult court are all outcomes that can follow a juvenile case in Florida, so it is worth understanding how the charge you are facing is typically handled before assuming the system will go easy on your child.
How Juvenile Court Differs From Adult Court
Florida’s juvenile justice system is governed by Chapter 985 of the Florida Statutes, which focuses on rehabilitation over punishment for minors under 18. A judge decides the case rather than a jury, and the process typically moves faster than an adult criminal case does.
| Feature | Juvenile Court | Adult Court |
|---|---|---|
| Decision Maker | Judge only | Judge or jury |
| Primary Goal | Rehabilitation | Punishment |
| Record Terminology | Adjudication of delinquency | Conviction |
| Possible Outcomes | Diversion, probation, DJJ commitment | Probation, jail, prison |
A juvenile “adjudication of delinquency” is not legally identical to an adult conviction, but it can still show up on background checks, affect school discipline, and in some cases follow a young person into adulthood if the record is never sealed or expunged.
Common Juvenile Charges We Handle in Orlando
Juveniles in Florida can be charged with most of the same offenses that apply to adults. Common charges we handle include:
- Battery or assault: Physical altercations at school, home, or in public
- Underage DUI: Underage DUI charges carry a much lower legal limit for minors than for adult drivers
- Drug possession: Simple possession up through more serious drug crimes charges
- Theft offenses: Shoplifting, retail theft, and other theft-related charges
- Weapons offenses: Possession or use of a weapon on or off school property
- Sexual misconduct: Allegations ranging from minor incidents to more serious sex crimes charges
- Trespassing: Frequently charged after incidents at retail centers, parks, or schools
- Felony offenses: More serious felony charges that carry a real risk of adult court transfer
Every case is different, and young people often end up facing charges after a single lapse in judgment rather than a pattern of serious wrongdoing. Whatever your child is facing, involving an experienced attorney early is one of the most important factors in the outcome of the case.
Your Child’s Legal Rights After an Arrest
Although juveniles go through a separate court system, they keep the core constitutional protections that apply to any person accused of a crime. These rights include the following.
The right to remain silent. Your child does not have to answer questions from law enforcement without a parent, guardian, or attorney present, and anything said can later be used against them in court.
The right against unlawful searches. Police may not search your child or their belongings without a warrant, valid consent, or probable cause, and evidence gathered during an illegal search or seizure can potentially be challenged and suppressed.
The right to make phone calls. Once detained, a juvenile can make multiple phone calls to reach a responsible adult rather than the single call typically given to adults.
The right to legal representation. If your child asks for an attorney, all police questioning must stop immediately, and the State of Florida must provide a public defender if you cannot afford private counsel.
What Happens After a Juvenile Arrest in Florida
Knowing what happens next can help your family feel more in control of a stressful situation. Every youth under 18 who is charged with a crime is referred to the Department of Juvenile Justice for an initial risk screening rather than processed directly like an adult would be, and this screening helps determine whether your child is held or released to a parent while the case moves forward, according to the Florida Department of Juvenile Justice.
If your child is held, a detention hearing must occur within 24 hours, and detention generally cannot exceed 21 days in most circumstances. The State Attorney’s Office then reviews the evidence and decides whether to file formal charges, and if charges are filed, your child is typically arraigned within a few weeks of the arrest.
Many juvenile cases resolve without ever reaching a trial through diversion or negotiated resolutions. Orange County’s State Attorney’s Office offers several diversion programs for first-time, less serious offenses that can result in dismissal upon successful completion, often involving community service, counseling, or restitution. Attorney Wiseman evaluates every case for diversion eligibility from the very first conversation.
STEP 1
Risk Screening
DJJ screens the youth to help determine whether they are held or released to a parent.
STEP 2
Detention Hearing & Charging Decision
A hearing occurs within 24 hours if held, and the State Attorney decides whether to file formal charges.
STEP 3
Diversion or Formal Case
Many cases resolve through diversion; others proceed to arraignment and formal proceedings.
When Can a Minor Be Tried as an Adult in Florida?
Florida transfers more children to adult court than any other state in the country. Prosecutors can escalate a minor’s case to adult court through “discretionary direct filing,” which does not require a judge’s approval before it happens.
Even a child as young as 14 may be tried as an adult for certain serious felony offenses, including arson, sexual battery, robbery, kidnapping, armed burglary, and use of a firearm during a felony. For 16 and 17-year-olds, the criteria broaden considerably, and a prosecutor may direct file for any felony charge regardless of severity.
This decision is never automatic. A prosecutor typically weighs the juvenile’s age, prior record, role in the offense, and the seriousness of the allegations before deciding whether to pursue transfer, and Attorney Wiseman can negotiate directly with the state to fight against an adult court transfer whenever possible.
Penalties and Consequences for a Juvenile Conviction
When a juvenile is found guilty, the court has several sentencing paths available depending on the offense and the child’s history.
Probation
The most common outcome, often paired with counseling, curfews, and community service.
Low or Moderate Risk Commitment
DJJ commitment ranging from roughly 30 days to 6 months, depending on risk level.
High Risk or Juvenile Prison
Commitment of 6 months up to several years for the most serious offenses.
Probation violations carry real consequences, and a violation can potentially result in additional time in a juvenile detention center or removal from the family home to a state-run facility. Beginning July 1, 2026, new Florida legislation requires courts to set a minimum fixed period for DJJ commitment rather than an indeterminate one, which makes having a strong advocate at sentencing even more important than before.
Protecting Your Child’s Future After a Juvenile Case
A juvenile record does not have to define your child for life. Florida law allows expungement of certain juvenile records in qualifying circumstances, and our attorney evaluates every case for that possibility as part of an overall defense strategy. The Florida Scholars Academy, launched in 2024 within the DJJ system, also provides educational pathways for youth in the system, reflecting a broader shift toward rehabilitation-focused outcomes statewide.
Our goal in every case is to help keep your child out of detention, protect their record wherever possible, and give them the strongest possible path forward. You can review our case results to see examples of outcomes Attorney Wiseman has secured for clients throughout Orlando.
Why Families Choose Attorney Wiseman for Juvenile Defense
Attorney Wiseman’s background as a former state prosecutor in Orange County gives him insight most defense attorneys do not have access to. He has seen juvenile cases from both sides of the courtroom, and he knows how prosecutors evaluate charges, what evidence they rely on, and where a case can be challenged most effectively.
Over more than a quarter century of trial work, Attorney Wiseman has handled everything from misdemeanor charges to high-profile felony cases, and he brings that same commitment to every juvenile case. He is a member of the Top 100 National Trial Lawyers, holds the Avvo Clients’ Choice Award, is rated 5 stars on Google, and remains available 24 hours a day for families who need him.
Frequently Asked Questions About Juvenile Crimes in Florida
At what age can a minor be charged as an adult in Florida?
A child as young as 14 can potentially be tried as an adult for certain serious felony offenses, and 16 and 17-year-olds can be direct filed into adult court for any felony charge.
Does a juvenile record show up on background checks?
A juvenile record may appear on certain background checks depending on the offense and how the case was resolved, which is part of why pursuing expungement when eligible can matter for a young person’s future.
Can my child refuse to talk to police without a parent present?
Yes. A juvenile has the right to remain silent and is not required to answer questions from law enforcement without a parent, guardian, or attorney present.
What is the difference between an adjudication of delinquency and a conviction?
An adjudication of delinquency is the juvenile court’s version of a guilty finding, and while it is not legally identical to an adult conviction, it can still carry real consequences depending on the offense.
How quickly should I get an attorney involved after my child is arrested?
As soon as possible. Early involvement can potentially influence whether charges are filed at all, and it gives an attorney time to prepare for the detention hearing and evaluate diversion eligibility.
Contact The Wiseman Law Firm for a Free Consultation
Your child deserves a vigorous defense, and you deserve an attorney who is honest with you about your options while fighting for the best possible outcome. At The Wiseman Law Firm, Attorney Wiseman handles every stage of your child’s case, from the first detention hearing through trial, sentencing, and any post-case record relief that may apply.
With more than a quarter century of trial-tested experience, a background as a former state prosecutor, and a reputation built on aggressive representation for families throughout Orlando and Central Florida, Attorney Wiseman is ready to help protect your child’s future. Contact The Wiseman Law Firm today to discuss your child’s case and the options available to you.
