If your child has been cited or arrested and accused of trespass in violation of Chapter 810 of the Florida statutes, the attorneys of Finebloom & Haenel are ready and willing to help you!
The overall meaning of “trespass” is being somewhere you are not allowed to be. In Florida there are a few categories of trespass:
- Trespass to structure (which is a home)
- Trespass to a conveyance (which is anything other than a home)
- Trespass to land
- Trespass on school grounds and
- Trespass on a construction site.
When a child is arrested for criminal mischief or vandalism, 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.
Trespass charges are common for children. Especially trespass on a construction site. Many times the child doesn’t even realize they are trespassing. Sometimes even if a child has been previously warned about a trespass, the warning is misunderstood or is not given properly.
If your child is accused of trespass in the Orlando area, call the attorneys of Finebloom & Haenel today. These cases make a simple situation very complicated. We can help you and your child navigate through the legal red tape. Call our attorneys now at 407-218-6277 to arrange a consultation. The attorneys of Finebloom & Haenel are available 24/7 to take your call.
