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When a young person is accused of breaking the law, their case is handled very differently from that of an adult. Florida’s juvenile justice system is designed with rehabilitation in mind, aiming to help minors learn from mistakes and reduce the likelihood of reoffending. 

However, that doesn’t mean the process is easy to navigate. For families, the experience can feel overwhelming and uncertain. Understanding how the juvenile justice system in Florida works is the first step to ensuring your child’s rights and future are protected.

How Florida’s Juvenile System Differs from the Adult System

The primary goal of the juvenile justice system in Florida is rehabilitation rather than punishment. While adult offenders face penalties such as prison sentences and fines, juveniles are often directed toward alternatives like counseling, probation, diversion programs, or community service.

That said, not every case remains in juvenile court. For serious or repeated offenses, Florida law allows prosecutors to direct file certain cases into adult court, exposing minors to much harsher consequences.

The Stages of the Juvenile Justice Process in Florida

The juvenile justice process in Florida follows a structured path aimed at balancing accountability with rehabilitation. While every case is unique, most move through the same general stages, starting with the initial arrest or referral and continuing through hearings and possible disposition.

1. Arrest or Referral

Juvenile cases typically begin with an arrest or a referral by law enforcement. Unlike adults, juveniles are not always booked into county jail. Instead, they are often taken to a Juvenile Assessment Center (JAC), where background information is gathered, and the Department of Juvenile Justice (DJJ) evaluates risk factors to determine the next steps.

2. Detention Hearing

If a minor is held in secure detention, Florida law requires that a detention hearing occur within 24 hours of arrest. A judge will decide whether the child can be released to a parent or guardian, placed under supervised release, or kept in secure detention until trial.

3. Filing of Charges

The State Attorney’s Office reviews the case and decides whether to file a formal petition, which is the juvenile equivalent of criminal charges. In some cases, prosecutors may instead recommend diversion programs, which allow the child to avoid formal prosecution if they complete certain requirements such as counseling, educational programs, or community service.

4. Arraignment

At the arraignment, the juvenile is formally informed of the charges filed against them and is asked to enter a plea, which can be guilty, not guilty, or no contest. This hearing is a critical early step in the process, as it sets the course for how the case will proceed. During the arraignment, the judge may also discuss matters such as bail or release conditions, ensure the juvenile understands their legal rights, and address any questions from the juvenile or their attorney to ensure the process is fair and transparent.

5. Adjudicatory Hearing (Trial)

This is essentially the trial phase of the juvenile case, known as the adjudicatory hearing. During this hearing, the judge carefully reviews all the evidence presented by both the prosecution and the defense. Witnesses may be called to testify, including law enforcement officers, victims, or other relevant parties. The judge also considers any statements from the juvenile and their attorney. After evaluating the evidence and hearing arguments from both sides, the judge determines whether the juvenile committed the alleged offense. This decision is based on the standard of proof for juvenile cases, which focuses on whether the allegations are proven beyond a reasonable doubt.

6. Disposition (Sentencing)

If the judge finds the juvenile guilty or if the juvenile enters a guilty plea, the case moves to disposition. Unlike adult sentencing, the focus here is on rehabilitation. Possible outcomes include probation, community service, counseling, restitution, or placement in a residential program for more serious cases.

Direct File to Adult Court in Florida

One of the most serious aspects of Florida’s juvenile justice system is the direct file process, which gives prosecutors discretion to move certain juvenile cases into adult court. This often happens with violent felonies or repeat offenses. Once a case is directly filed, the juvenile is treated as an adult, and the consequences, such as prison time, can be life-altering.

The Role of Parents and Guardians

Parents and guardians play a central role in juvenile proceedings. They are usually required to attend hearings and may also be ordered to participate in counseling or parenting classes. Florida judges often emphasize family involvement as part of rehabilitation, since a supportive home environment is a critical factor in reducing the likelihood of reoffending.

Why Legal Representation Matters

Even though the system is designed to focus on rehabilitation, the stakes in juvenile cases remain extremely high. A juvenile record can affect future educational, employment, and even housing opportunities. An experienced juvenile defense attorney can:

• Advocate for diversion programs to keep the case out of court.
• Challenge weak evidence or improper police procedures.
• Argue against the case being directly filed into adult court.
• Present alternatives that focus on rehabilitation rather than detention.
• Protect the child’s rights from the very first hearing.

Contact a Criminal Defense Attorney Today

The juvenile justice system in Florida is complex, and while its focus is on rehabilitation, the consequences of a conviction can be serious and long-lasting. Having a strong legal advocate can make a world of difference in protecting your child’s future. If your child or someone you know has been accused of a crime, understanding the process and securing experienced legal representation is the best way to ensure they get the second chance the system is meant to provide.

Russell A. Spatz of the Spatz Law Firm, P.L., in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

If you are charged with a crime in Maine, going to trial is just one of the possible outcomes. In fact, around 90 percent of criminal cases in Maine are resolved with a plea deal, meaning that no trial is necessary. This saves precious court time and expenses, as well as a great deal of stress for the accused.

If your case does proceed to trial, it helps to know what to expect from the process. If you are charged with a crime, it also helps to understand what you can do to prevent the worst consequences of a conviction.

Both of these matters are addressed below.

Stages of the criminal process in Maine

Following a criminal investigation, arrest, and charge, the defendant must appear in court for the first time no later than 48 hours after arrest.

At an initial hearing for a misdemeanor (Class D or E) crime, which may be in person or via video, the judge will read the charges, provide a statement of rights, and you will enter a plea. With legal representation, your lawyer may even be able to send a letter to the court clerk entering a “not guilty” plea on your behalf and no appearance will be required.

In more serious cases (felonies), no charges will be read and no plea will be entered, but the court or a bail commissioner will decide the following:

• Set bail, or
• Detain the defendant until a further hearing

Depending on the nature of the crime, from this point until the trial, there may be a series of hearings as both sides prepare their cases. During this period, there may also be opportunities for the prosecution and defense attorneys to discuss plea negotiation, to prevent the case from going to trial.

What happens when a criminal case goes to trial in Maine?

Criminal trials in Maine proceed according to the Maine Rules of Unified Criminal Procedure. There are generally four stages to trials:

1. The prosecution and defense make opening statements, a non-adversarial stage where each side presents its version of the case to the jury. This will include comments on the key evidence the jury should consider when making their decision.
2. The longest stage of criminal trials is where the attorneys present documentary evidence and other supporting materials and cross-examine witnesses who “take the stand” to give oral evidence. The prosecutor will aim to establish the guilt of the defendant beyond a reasonable doubt and the defense counsel will attempt to expose inconsistencies or weaknesses in the prosecutor’s arguments to introduce “reasonable doubt”.
3. The attorneys close their arguments to the jury in closing statements that summarize the most important and favorable points that support their cases.
4. The judge instructs the jury on the law regarding the case and explicitly indicates what is expected during deliberation. The jury must decide the guilt or innocence of the accused based solely on the evidence provided.

Securing legal representation in Maine

The most essential step of the Maine criminal process for defendants—whether or not your case ends up at a trial—is to secure experienced legal representation.

As soon as possible after being accused of a crime, contact a criminal defense lawyer and exercise your right to remain silent. Do not try to prove your innocence to police officers, as anything you say can be used against you in court. Simply ask for a lawyer, as is your right.

If you have received a summons or been arrested, the police believe they have “probable cause” to charge you with a crime and the prosecutor at the DA’s office is likely to agree. The only place to fight your case is in court and anything you say before then may implicate you or weaken your case.

A criminal defense attorney will offer support, protect your rights, and help you navigate the Maine criminal justice system with more clarity. Without legal representation, your chances of avoiding a criminal conviction and lifelong consequences are greatly diminished.

What happens if you’re charged with a misdemeanor crime in Maine?

Misdemeanors, such as operating under the influence (OUI) and shoplifting, are handled differently from felonies like aggravated assault and burglary in Maine.

For misdemeanors, the defendant may enter a plea of guilty, not guilty, or no contest at the arraignment after consulting legal counsel.

If you plead guilty at the arraignment, you will be sentenced at that time. However, pleading not guilty, as is advisable, will mean that a future disposition (pretrial) conference is scheduled—often in 1–3 months. This conference, at which you will need to appear, should be considered an opportunity for your lawyer and the prosecutor to discuss a resolution of your case without going to trial.

What happens if you’re charged with a felony in Maine?

At the initial appearance for a felony charge (Class A, B, or C crime), no plea is entered by the defendant. Defendants must appear in person to hear the charges, confirm that they understand their Constitutional rights, and may apply for bail.

The clerk will provide a future date to return to court for an arraignment, following indictment from a grand jury (a group of citizens who listen to the testimony of witnesses and decide whether or not probable cause exists to charge you with a felony).

The indictment is the formal charging document, after which the defendant must return to court to hear the charges and enter a plea at the arraignment.

When will my Miranda rights be read to me by police in Maine?

Miranda rights are a verbal list of rights that law enforcement officers must read to detainees in certain circumstances when they are being investigated for a crime.

These rights include the right to remain silent, the understanding that anything said can be used against them in court, the right to consult with an attorney before and during questioning, and the right to have an attorney appointed if they cannot afford one.

For an individual to qualify for Miranda rights to be read, he/she must be held in custody AND be subject to interrogation. In many cases, it is not clear whether either of these conditions apply and mistakes are made on both sides.

Investigating officers often reassure suspects that they are free to leave at any time, hinting that they are not in custody so that Miranda rights do not come into play.

Should I speak to a police officer if I am under investigation for a crime in Maine?

As a general rule, remaining silent until you have spoken to a criminal defense lawyer is a wise move at almost any stage of a criminal investigation, whether or not your Miranda rights have been read to you.

The police have a job to do, and that job does not include protecting your interests or rights. They want to gather evidence to charge and convict you or obtain a confession. Other than identifying yourself, which is a legal obligation if you are suspected of criminal activity, you generally do not have to say much at all to law enforcement until you speak with a criminal defense lawyer.

Politely refuse to answer questions and request the opportunity to speak with an attorney before discussing anything with law enforcement.

For experienced legal help with any criminal charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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A conviction for an OUI in Maine is accompanied by serious consequences, including heavy financial repercussions.

Understanding the court-imposed fines is one thing, but the financial consequences can extend well beyond these costs.

In fact, the penalties associated with an OUI can amount to over $10,000. While these costs can be minimized with the help of a seasoned OUI lawyer, it helps to know what you could be liable for.

Consequences of an OUI in Maine

An OUI conviction in Maine—even for a first offense—can result in hefty fines and mandatory jail time if aggravating factors are present (high Blood Alcohol Concentration or refusal to provide a breath sample, for instance).

As well as mandatory jail time, aggravating factors can result in a felony record (which can affect employment), an extended license suspension, higher fines/fees, mandatory substance abuse treatment, travel restrictions (especially to Canada), and potential professional license implications.

Financial impact of a Maine OUI

The cost of an OUI in Maine can be a huge financial burden, especially if it affects your employment.

Court-ordered fees and fines (with surcharges), plus the long-term financial consequences, add up quickly unless you successfully fight the charges against you.

As well as the court-imposed fines, license suspensions, and license reinstatement costs, you can expect your insurance premiums to increase to $2,000-3,000 annually.

You will also need to fund the costs of any court-ordered treatment and rehabilitation programs, such as the mandatory DEEP weekend program, which costs $300.

The Ignition Interlock Device program is also a major financial commitment. More about this and other additional costs below.

Professional consequences of a Maine OUI

The financial impact of a Maine OUI conviction may also be connected to professional consequences, in some cases. A conviction can create permanent obstacles to pursuing or advancing certain careers:

• An OUI can lead to a permanent criminal record with no expungement option available, meaning that the record of the conviction will always appear in background checks conducted by employers.
• Difficulty obtaining professional licenses: certain professions require a clean criminal history before a license will be issued, especially those that require public trust, involve the operation of vehicles, or are federally regulated. Those seeking licenses for a medical profession (nurses, physicians, dentists), accountants, attorneys, commercial drivers, and pilots can all be affected.
• Reduced employment opportunities: even if you don’t lose your job due to an OUI, having to admit to a criminal record can limit future employment opportunities when applying for positions.

Travel restrictions may affect employment: if the OUI itself doesn’t hamper employment opportunities, the associated travel restrictions from the license suspension might.

Fines and suspensions

The most obvious financial repercussion from an OUI conviction in Maine is the fines you will have to pay. Don’t forget that criminal penalties apply to breath test refusals as well as OUI convictions. In fact, as you will see below, the penalties for refusal are even harsher than for standard OUIs.

Maine has a “look-back” period of ten years for prior convictions, meaning that any prior OUI conviction in the last ten years will factor into the consequences. This can lead to increased fines and license suspensions, as well as jail time in some instances:

• First OUI offense
  • $500 minimum fine and a minimum 150-day license suspension.
  • First-time offense with a refusal: minimum $600 fine, minimum 150-day court-imposed suspension, minimum 275-day administrative suspension.
• Second OUI offense
  • $700 fine and a mandatory three-year license suspension.
  • Second-time offense with a refusal: minimum $900 fine and a mandatory court-imposed three-year suspension, and an 18-month administrative suspension.
• Third OUI offense
  • Minimum $1,100 fine and a mandatory six-year license suspension.
  • Third-time offense with a refusal: minimum $1,400 fine, a mandatory six-year court-imposed suspension.
• Fourth OUI offense
  • Minimum $2,100 fine and a mandatory eight-year license suspension.
  • Fourth-time offense with a refusal: minimum $2,500 fine, and a mandatory eight-year suspension.

License, transportation, and other costs associated with an OUI

During the lengthy license suspension periods outlined above (e.g., eight years for a fourth OUI offense), the transportation costs incurred can mount up and become a real financial burden.

After the suspension period has been served, OUI offenders must also pay the license reinstatement fee of $50-$100.

Plenty of other hidden costs may continue to contribute to the financial impact of an OUI. Depending on the circumstances of the case, these may include:

• Alternative sentencing program fees ($185-$500, depending on county).
• Fees for mandatory substance abuse treatment.
• Higher interest rates on loans.

These fees may all come into play even before we consider the legal representation fees applicable if you contest the charges, as is generally advisable.

Maine’s OUI Ignition Interlock Device costs

Some first-time and repeat offenders in Maine can get their licenses back sooner if they install an Ignition Interlock Device in their vehicle. This acts as an in-car breathalyzer that locks the engine if any alcohol is detected on the breath.

Drivers must have completed alcohol school and paid the license reinstatement fee to qualify for the program. While this permits driving before the full suspension period ends, it also increases the costs of an OUI. Some of the associated costs include:

• An $80 installation fee (at a service center approved by the Maine Secretary of State)
• Monthly rental of $65/month
• $40 to remove the device

Individuals who earn less than 150 percent of the Federal Poverty Level can get the IID for half price, but the financial commitment can be significant.

As you have seen, an OUI conviction in Maine will result in a growing financial impact with many possibilities for  additional costs. The total costs of an OUI can easily surpass $10,000 and the financial repercussions can still affect a driver 5-10 years after the OUI conviction.

The best way to avoid having to pay these extra costs is to avoid a conviction in the first place.

For experienced legal help with any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation..

OUI Blog Articles

This is one of the most common misconceptions in criminal law and one that can lead to serious confusion or false hope. You may have heard someone say, “If the victim doesn’t want to press charges, the case gets dropped.” While that might sound logical, it’s not how the criminal justice system actually works in Florida or anywhere in the United States.

Who Really Brings the Charges?

In criminal cases, the state is the one that files the charges. Specifically, in Florida, it’s the Office of the State Attorney that decides whether to file, pursue, reduce, or dismiss charges. This means that even if the alleged victim wants to drop the case, prosecutors can move forward with or without their cooperation if they believe they have enough evidence.

Why? Because crimes are considered offenses against the state, not just the individual. Once law enforcement gets involved, and especially once an arrest is made, the case belongs to the prosecution.

When the Victim Doesn’t Want to Cooperate

That said, an uncooperative or recanting victim can influence a case, but it doesn’t automatically end it. Here’s what can happen:

The victim refuses to testify

The prosecution might still go forward using other evidence like 911 calls, police body cam footage, witness statements, or physical evidence.

The victim signs a “drop charges” affidavit: 

This doesn’t guarantee anything. It’s simply a request. Prosecutors may still proceed if they believe the case is in the public interest or if there’s a history of violence or repeat offenses.

The victim changes their story

If the new version contradicts earlier sworn statements or evidence, prosecutors might view that as less credible, or possibly as a result of pressure or intimidation. In domestic violence cases, this is particularly common and closely scrutinized.

Example

In domestic violence cases, one of the most frequent examples where this issue comes up, Florida has what’s known as a “pro-prosecution” policy. This means the State Attorney’s Office may pursue domestic violence charges even when the victim does not want to cooperate. In fact, prosecutors are often trained to assume that some victims may be afraid, coerced, or pressured into dropping the charges.

So, a person could still face trial, conviction, and sentencing, even jail time, without the victim ever testifying.

When Charges Can Be Dropped

There are situations where charges may be dropped, but it’s not just because the victim asks for it. A prosecutor might decide to drop a case if:

• There’s insufficient evidence to prove guilt beyond a reasonable doubt
• Key witnesses are unavailable or unwilling to testify, and their testimony is essential
• There were issues with how the evidence was obtained (like unlawful searches)
• The facts don’t support the elements of the crime

Having a skilled criminal defense attorney can also help challenge the evidence, file pretrial motions, or negotiate with prosecutors to have charges reduced or dismissed.

What You Should Do If You’re Facing Charges

If you’re facing criminal charges and the alleged victim doesn’t want to move forward, do not assume the case is over. You still need legal representation. The state has attorneys and investigators working to build a case; you need someone on your side doing the same. A good defense lawyer can:

• Evaluate the strength of the prosecution’s case
• Determine if the victim’s lack of cooperation weakens it significantly
• File motions to suppress evidence or statements
• Advocate for dismissal or reduced charges
• Represent your interests in court or plea negotiations
  

Contact a Criminal Defense Attorney Today

The idea that “the victim can drop the charges” is a persistent myth. While the victim’s wishes matter and can influence a case, they do not control the outcome. Once the state files charges, it’s up to the prosecutor to decide whether the case continues, not the victim.

If you’re dealing with criminal charges in Miami and unsure how the legal process will unfold, it’s important to get informed and protected. Russell A. Spatz of the Spatz Law Firm, P.L., in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.