Orlando Juvenile Defense Attorney

Florida’s Juvenile Justice System

Florida’s juvenile justice system is governed by Chapter 985 of the Florida Statutes, which focuses on rehabilitation over punishment for minors under 18. Juvenile cases are decided by judges rather than juries, and they generally move through the court process more quickly than adult cases. That said, “rehabilitation-focused” does not mean consequence-free. Probation, commitment to the Department of Juvenile Justice (DJJ), and transfer to adult court are all outcomes that can follow a juvenile conviction in Florida.

Common Juvenile Charges in Orlando

Juveniles in Florida can be charged with many of the same offenses as adults. Common charges we handle include:

• Battery or assault
• Underage DUI
• Drug possession
• Shoplifting and theft
• Sexual misconduct
• Underage drinking
• Weapons offenses
• Trespassing
• Drug crimes and felony offenses

Young people often make mistakes or find themselves in the wrong place at the wrong time. Whatever your child is facing, early intervention by an experienced attorney is one of the most important factors in achieving a good outcome.

Your Child’s Legal Rights After an Arrest

Although juveniles are tried in a separate system, they retain important constitutional rights that must be protected from the moment of arrest. These include:

The right to remain silent. Juveniles are not required to answer questions from law enforcement without a parent, guardian, or attorney present. Anything your child says can be used against them — the safest course is to remain silent until an attorney arrives.

The right against unlawful searches. Police cannot search your child or their property without a warrant, consent, or probable cause. Evidence gathered during an illegal search or seizure may be challenged and suppressed.

The right to avoid self-incrimination. Your child may invoke the Fifth Amendment and refuse to answer questions that could be used against them in court.

The right to make phone calls. Upon detention, juveniles have the right to make multiple phone calls to reach a responsible adult — not just one call as adults typically receive.

The right to legal representation. If your child requests an attorney, all police questioning must stop immediately. If you cannot afford an attorney, the State of Florida must provide a public defender.

Florida’s Juvenile Justice Process

Knowing what to expect can help your family navigate this process more effectively. Here is how a typical juvenile case in Orange County proceeds:

After an arrest, your child is taken to the Juvenile Assessment Center where a DJJ counselor determines whether secure or non-secure detention is appropriate. If your child is held overnight, a detention hearing must occur within 24 hours. Detention cannot exceed 21 days in most circumstances.

The State Attorney then reviews the evidence and decides whether to file charges. If charges are filed, your child will be formally arraigned — typically within three weeks of the arrest — and asked to enter a plea. Between arraignment and trial, both sides exchange evidence during the discovery phase.

Many cases resolve without a trial through diversion programs or plea negotiations. Orange County’s State Attorney’s Office offers several diversion programs for first-time, less serious offenders that, upon successful completion, result in dismissal of charges. These programs often involve community service, counseling, drug treatment, or letters of apology. Attorney Wiseman evaluates every case for diversion eligibility from the start.

If the case proceeds to trial, the judge — not a jury — determines the verdict. The State of Florida must prove guilt beyond a reasonable doubt.

Penalties for Juvenile Crimes in Florida

When a juvenile is found guilty, the court has several sentencing options. Probation is the most common outcome and typically includes conditions such as:

• School attendance without suspensions or unexcused absences
• Avoiding contact with individuals the court deems a negative influence
• Mandatory participation in counseling or community service
• Random drug and alcohol testing
• Adherence to a court-imposed curfew
• Financial restitution to victims
• Possible suspension of driving privileges

Probation violations carry real consequences. A violation can result in 5 to 15 days in a juvenile detention center or removal from the family home to a state-run facility. Our attorney can argue for reasonable probation terms and, if a violation occurs, fight to demonstrate it was not willful.

For more serious offenses, the court may commit your child to the DJJ at one of four levels based on risk: low-risk (30-45 days), moderate risk (4-6 months), high-risk (6-9 months), or juvenile prison (18-36 months). Beginning July 1, 2026, new Florida legislation requires courts to set a minimum fixed period for DJJ commitment rather than an indeterminate one — a change that makes having a strong advocate at sentencing even more important.

When Can a Minor Be Tried as an Adult in Florida?

Florida transfers more children to adult court than any other state in the nation. Prosecutors have the authority to escalate a minor’s case to adult court through what is known as “discretionary direct filing” — without requiring a judge’s approval.

Even a child as young as 14 or 15 may be tried as an adult if charged with certain serious felony offenses, including:

• Arson
• Sexual battery
• Robbery
• Kidnapping
• Armed burglary
• Use or display of a firearm during the commission of a felony
• Grand theft
• Murder
• Manslaughter

For 16 and 17-year-olds, the criteria broaden significantly — a prosecutor may direct file for any felony charge. This process is not automatic, and several factors may influence a prosecutor’s decision, including the juvenile’s age, prior history, specific role in the offense, and the severity of the crime. Attorney Wiseman can negotiate directly with the prosecution on your child’s behalf to fight against an adult court transfer.

Protecting Your Child’s Future

A juvenile adjudication does not have to follow your child for life. Florida law allows for expungement of certain juvenile records, and our attorney evaluates every case for that possibility. The Florida Scholars Academy, launched in 2024 within the DJJ system, also provides educational pathways for youth in the system — a development that reflects a broader shift toward rehabilitation-focused outcomes. Our goal in every case is to keep your child out of detention, preserve their record where possible, and set them up for a fresh start. You can view our case results to see the outcomes Attorney Wiseman has secured for clients throughout Orlando. If expungement may be an option after resolution of your child’s case, we can discuss that as part of your overall strategy.

Why Choose Attorney Wiseman for Your Child’s Defense

Attorney Wiseman’s background as a former state prosecutor in Orange County gives him a critical edge in juvenile cases: he has seen these cases from both sides of the courtroom. He knows how prosecutors evaluate juvenile charges, what evidence they rely on, and where cases can be challenged. Over more than 25 years of trial work, he has handled everything from misdemeanor charges to high-profile felony cases, and he brings that same commitment to every juvenile case he takes on. He is a member of the Top 100 National Trial Lawyers, holds the Avvo Clients’ Choice Award, is 5-star rated on Google, and is available 24 hours a day.

Contact The Wiseman Law Firm for a Free Consultation

Your child deserves a vigorous defense, and you deserve an attorney who will be honest with you about your options and fight for the best possible outcome. At The Wiseman Law Firm, Attorney Wiseman handles all aspects of your child’s case — from the first detention hearing through trial, sentencing, and beyond. Contact The Wiseman Law Firm for a free consultation to discuss your child’s charges and what can be done to protect their future.