Florida Law
Florida Felony & Misdemeanor Criminal Defense
- Felony & Misdemeanor Criminal Defense (Florida)
Juveniles and the Law
Persons under eighteen are considered juveniles under Florida law. The juvenile court system is part of the circuit court and its purpose is to rehabilitate, not just punish, juveniles in trouble with the law.If a juvenile is arrested, a law enforcement officer must attempt to notify the child's parent, guardian or legal custodian. Juveniles have the right to consult an attorney before making any statement to the police. A child can be taken to the county jail and held for up to six hours to be fingerprinted and photographed if a reasonable belief exists that he or she has committed a crime.
If a juvenile is charged with a crime, he or she has the right to be represented by an attorney at all stages of any juvenile court proceeding. If a judge determines the parents are financially capable, the judge may order the parents to provide an attorney. Otherwise, the judge will appoint a public defender to represent the child. It should be noted that there is no constitutional right to be tried as a juvenile. There are provisions in Florida law permitting the state attorney to transfer certain charges or certain children to the adult criminal courts.
If a juvenile court finds that a child is responsible for a crime, the child is said to be delinquent. Unlike criminals, a delinquent child cannot be sentenced to prison. Instead, the juvenile court may order:
*The child be placed on juvenile probation (permitting the child to live at home while imposing certain limitations on his or her freedom)
*The child be committed to a licensed childcare agency
*The child be committed to the Department of Juvenile Justice
*The child's driving license be revoked or suspended
*The child or the child's parents make restitution
*The child to participate in a community work project
Juvenile records are kept confidential and separate from other court records. Access is limited to the child, his or her attorney, the child's parents, the Department of Juvenile Justice, law enforcement and some school personnel. Juvenile records are not accessible to the general public. However, juvenile court proceedings are open to the general public and the press is free to publish any information gathered at these proceedings.
DUI
Driving Under the Influence (DUI) ranks fourth behind
larceny, narcotics and assault as Florida's most common
crime.
Definition
DUI can be committed in two ways. The first is driving
or being in actual physical control of a vehicle while
under the influence of alcohol or certain prohibited
substances to the extent that a person's normal faculties
are impaired. The second does not involve impairment
of normal faculties, but requires a person driving
or in actual physical control of a car to have a blood
alcohol level of 0.08 percent or above. Actual physical
control is not clearly defined under Florida law, but
courts seem to interpret the phrase to mean that the
person was near the driver's seat and, if he or she
wanted to, could have driven. For example, if an intoxicated
person is seated behind the wheel or lying on the seat
near the wheel of a stationary vehicle with the keys
in the ignition or nearby, he or she can be charged
with DUI. It should also be noted that Florida's DUI
laws apply to any kind of vehicle, including bicycles
and farm equipment.
Process of a DUI Case
After stopping a vehicle, a law enforcement officer
will either order the driver to exit the car or approach
the car while the driver remains inside. Under Florida
law, a driver is required, if asked, to produce a vehicle
registration document, proof of insurance and a driver's
license to the officer. A driver has no legal obligation
to answer any questions asked by the officer, including
those related to sobriety, destination or point of
departure. The officer may ask the driver to exit the
car and, with reasonable suspicion, perform roadside
tests. The National Highway Traffic Safety Administration
has devised three tests believed to indicate impairment:
an eye test, a walk-and-turn test and a stand-on-one-leg
test. Some officers may use variations of these tests.
The driver, however, is under no legal obligation to
perform the tests (though evidence of a driver's refusal
can be used in court). If, in the officer's opinion,
there is probable cause to believe a person is guilty
of DUI, he or she will be arrested.
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