If your child has been arrested in the Orlando area for a charge of burglary under Florida statute 810.02 they will need a competent and skilled attorney to assist them. At the law offices of Finebloom & Haenel we are available to represent your child throughout the process.
Burglary is when a person enters a residence, business or other structure (usually a car) without permission with the intent to commit a crime. Most burglaries allege that the intended crime is theft, but it can be any crime listed in the Florida statutes.
When a child is arrested for a burglary charge, they are taken for an intake assessment at the Department of Juvenile Justice (Also called “DJJ”). DJJ has officers on staff that evaluate the child to determine:
- The severity of the crime
- If the crime was the child’s first
- Support systems in place for the child (such as does he have a parent or guardian willing to take care of them)
- The risk the child poses if released
The assessment results are listed in a scoresheet that is provided to the court.
If the assessment shows that the child should be released to “home detention” the child is released. Home detention is basically like house arrest for adults. But there must be a parent or guardian willing to take responsibility for the child.
If the assessment shows that the child should not be released, the child is taken to “secure detention.” This is the equivalent of adult jail. However, all of the people detained are children.
A juvenile case is usually resolved in 21 days unless the child or the attorney asks for an extension. So a child’s arraignment date is usually held within a week. At that point the child can plea guilty or not guilty.
If they plea guilty the case goes to “disposition.” Which is the term used for the juvenile’s sentencing hearing.
If they plea “not-guilty” the case goes to an “adjudicatory hearing.” This is the term used for a trial. However, juveniles are not entitled to a jury trial. All cases are heard in front of a judge.
If the child either pleas guilty to the charge, or if they are found to be guilty of the charge the case goes to the next phase which is the disposition hearing. This is the sentencing phase. Again, a scoresheet is used. The child can either be adjudicated delinquent or have delinquency withheld.
Then, depending on the recommendation from DJJ, the child will either be sentenced to a diversion program (such as teen court), placed on probation, or sent to a residential program. Residential programs have different levels of strictness to meet the needs of the child.
If your child is 16 or older and has a long juvenile history, or if the burglary is extremely bad there is a possibility that your child could be charged as an adult!!
Burglary charges are serious. They are felonies and fall under the “violent crime” classification. If your child is adjudicated delinquent for a burglary charge, they could face expulsion from school, be kicked out of their sports league or other extra curricular activity and face the loss of scholarships and financial aid. In addition they face social stigma and the charge can prevent potential employers from hiring them.
Don’t let this happen to your child. At the law office of Finebloom & Haenel we have over 30 years of combined experience in the criminal justice system. We put our knowledge to work for each and every client and we work hard to get the best outcome possible. Don’t delay. Call the law office of Finebloom & Haenel now to discuss the options available for your child. We are available 24/7 to take your call at 407-218-6277.
