The Prosecution Process
Office of the State Attorney
Fourth Judicial Circuit
Julie K. Taylor
Director, County and Juvenile Divisions
September 15, 2016
Topics
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Intake Procedures
Juvenile Assessment Centers (JACs) and
Detention Centers
Diversion and Alternatives to Formal
Prosecution
A Prosecutor’s Filing Decision
Objectives of Juvenile Court from the
Prosecutor’s Perspective
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Consider both rehabilitation and
punishment of juvenile offenders
Direct file only the most serious and
violent offenders into adult court
Divert first time and non-violent offenders
to try to prevent those offenders from
committing future crimes
What is required when taking a juvenile
suspect into custody
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Circumstances when a child may be taken into
custody:
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Circuit court order based upon sworn testimony
Delinquent act or violation of law pursuant to a lawful
arrest
Failure to appear in court
Probable cause for a violation of probation, nonsecure detention, post-commitment probation,
conditional release, absconding or escape
Conditions of a child’s custody
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A child may not be placed in a police car or
similar vehicle with an adult unless they are
suspected of the same offense or transaction as
the child
The person taking the child into custody must
attempt to notify the child’s parent, guardian, or
legal custodian
The department must continue the attempts to
notify the parent or guardian
Requirements for release from custody
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“As soon as is reasonably possible”
Unless there is a need to hold the child, attempts shall
be made to release the child:
 To the child’s parent, guardian, or legal custodian, or
if they are unavailable, unwilling, or unable, to any
responsible adult
 To a shelter
 To a law enforcement officer to transport the child to
a hospital when medical treatment is required
 To a law enforcement officer to transport the child to
a receiving facility if a mental health evaluation is
required
Release from custody
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To a law enforcement officer to transport
the child to a hospital or treatment facility
if the child appears intoxicated, is
incapacitated by substance abuse, or has
threatened or attempted physical harm to
himself, herself, or another
To a JAC who will assume custody of the
child to assess his or her needs
Juvenile Assessment Center or JAC
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The purpose of a JAC is to provide central intake
and screening services for juveniles who are
referred to the department
JACs are established through a cooperative
effort between substance abuse programs,
mental health providers, law enforcement
agencies, schools, health service providers, state
attorneys, public defenders, and other agencies
that serve youth in the community
Responsibilities of a JAC
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Facilitate the initial screening of and case processing for
juveniles
Delinquency intake
Positive identification
Detention admission screening
Needs assessment
Substance abuse screening and assessments
Physical and mental health screenings
Diagnostic testing
These services may be provided during intake or while a
juvenile is awaiting placement at a commitment program
Intake
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The department shall manage, coordinate, and monitor
the services provided to a child
The department shall also work with the Department of
Children and Families to carry out all duties and
responsibilities related to the child
The department shall assign a juvenile probation officer
to any child who is not released or referred to diversion
so that case management services may be provided to
that child
The department shall…
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Review the probable cause affidavit
Notify the arresting agency of any insufficiencies in that affidavit
Screen the child
Complete a risk assessment instrument or RAI
Inquire as to whether the child understands his or her rights to
counsel and against self-incrimination
Complete a multidisciplinary assessment
Complete a comprehensive assessment
Make recommendations for services
Make recommendations concerning a petition
Complete an intake report
The department shall…
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When it is indicated by the comprehensive evaluation,
the department can use funds to provide services for the
child through a local nonprofit community mental health
or substance abuse agency or a social service agency
The information provided during the assessment is
inadmissible prior to a disposition hearing unless the
child consents to its release in writing
The information however can be released at the
disposition hearing “to assist the court in making the
most appropriate custody, adjudicatory, and dispositional
decision.”
Detention Intake
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When a child is taken to the department by a law
enforcement officer, the department shall make any
decisions regarding custody prior to the child’s first
detention hearing
Detention is typically based upon the score in the RAI,
however there are exceptions when secure detention is
permitted even though the child does not score for
secure detention
If the score requires secure detention, the department
can contact the state attorney to request that the child
be released if the department feels that is appropriate
RAI Score and Exceptions
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The score in the risk assessment instrument is based
upon various factors including the current charge, any
prior history, and any current probation or commitment
status
If a child does not score for secure detention, a child will
still be held under some circumstances such as when the
child is charged with possessing or discharging a firearm
on school property or when a child has been taken into
custody on three or more separate occasions in a 60 day
period
Detention in Domestic Violence Cases
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If a child does not score for secure
detention but is charged with an act of
domestic violence that child may be held
in secure detention if:
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Respite care is not available
Secure detention is necessary in order to
protect the victim from injury
Review of Detention Status
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The detention status of a child will be
reviewed at an initial hearing called a
detention hearing that must take place
within 24 hours
The detention status is typically reviewed
at every hearing if the child is in secure
detention and must be reviewed every 72
hours at a minimum in most cases
Length of Detention
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A child may not be held in secure detention
longer than 24 hours unless it has been ordered
by a court
A child may not be held in secure detention for
more than 21 days unless an adjudicatory
hearing has commenced
Secure detention may be extended up to 9 days
upon good cause being shown
A child may not be held more than 15 days from
the entry of an order of adjudication
Detention Awaiting Placement
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Non-secure detention: a child may be held for 5
days and may be extended by request of the
department but may not exceed 15 days
A child awaiting placement in a high or
maximum risk placement must be held in secure
detention until placed
A child may be held in secure detention
overnight and for no more than 24 hours “for
the specific purpose of ensuring the safe
delivery of the child”
Detention Status
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A child who has been released may not be
transferred to secure or non-secure
detention without a court hearing
A child may only be transferred from nonsecure to secure detention “only if
significantly changed circumstances
warrant such transfer”
Release for Certain Charges
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When a child is released or transferred to nonsecure detention and is charged with one of the
following crimes or attempting to commit one of
the following crimes, the detention center must
notify the appropriate law enforcement agency,
school personnel, and the victim:
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Murder
Sexual battery
Stalking
Domestic violence
Education
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While in secure detention, a child must
receive education that is commensurate
with his or her grade level and educational
ability
Juveniles in Adult Jails
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A juvenile will be “delivered” to the appropriate
adult jail when transferred to adult court or
indicted
“Sight and sound”
Supervision and monitoring must include
physical observation and documented checks at
intervals not to exceed 10 minutes
A child shall never be placed in the same cell as
an adult
The Life of a Juvenile Case
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Detention hearing
Arraignment: charges are filed, amended,
diverted or dropped
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21 day issues
90 day speedy trial
Exceptions: possible direct files, cases involving
sexual or lewd batteries, competency issues
Pre-trials
Adjudicatory hearings
Sentencing
The Process of Prosecution
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A Prosecutor’s options in arrest cases:
 Drop
 Divert
 File
 Direct File
A Prosecutor’s options in warrant cases:
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Deny
Grant
At large divert
Dropping a Case
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The ASA will evaluate the case initially by
reviewing reports and physical evidence that has
been provided by the arresting officer
The ASA will consider any legal issues that
should prevent the filing of any charges
The ASA will also consider any mitigation or
other information provided by the defense
The ASA will consult with the victim and
witnesses
Diverting a Case
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The purpose of diversion is to remove first time and nonviolent offenders from the criminal justice system but
still impose punishment in the hopes of deterring future
crimes
A hearing is held at the SAO with a hearing officer and
parents of the juvenile to discuss sanctions then
complete and sign a contract with the SAO
Successful completion and expunction
Rejection from diversion may lead to the filing of
charges
Pre-Arrest or At Large Diversion
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Law enforcement officers may consult with the
SAO prior to arrest
During that time the SAO may consider diverting
a case prior to an arrest being made and while
the juvenile is “at large”
The SAO may convert an application for an
arrest warrant into an at large diversion case
thereby preventing an arrest from taking place
Post-Arrest Diversion
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Following an arrest by a law enforcement
officer, the SAO will consider post-arrest
diversion
That decision is based upon factors such
as the seriousness of the crime, any prior
history, prior diversion cases, and the
input of the victim and arresting officer
Pre-trial Intervention or Diversion
Programs
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Youthful Offender Program: sanctions are
determined during a hearing that is attended by
the juvenile, the juvenile’s parents, and often
the victim
Juvenile Drug Court: focus on drug treatment
KIDS: sex offender program
Teen Court: trials by peers, sanctions
determined by peers, referrals for additional
services
Civil Citations
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Pursuant to Florida Statute 985.12, a circuit may
establish “civil citation programs or other similar
diversion programs”
Cooperation of agencies including the Chief
Judge, State Attorney, Public Defender and Law
Enforcement
The civil citation program is similar to at large
diversion programs that divert a juvenile into a
particular program prior to any arrest being
made or any formal charges being filed
Goals of the Civil Citation Process
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Divert first time offenders or non-violent
offenders with no more than two prior civil
citations out of the criminal justice system
Provide services to the child to try to
prevent future criminal activity
Impose punishment through various
sanctions including restitution to the
victim
At Large Diversion and Civil Citations
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The goals are the same: to divert juveniles from
the system prior to arrest to try to prevent any
further involvement in the system
To prevent an arrest of the juvenile and records
that are produced as the result of that arrest
To ensure that the victim is involved in the
process and is made whole
Filing a Petition
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All delinquency proceedings are initiated by the
filing of a petition which is the charging
document
The petition must be in writing and must be
signed by a state attorney under oath
Particular assistant state attorneys are
designated by the state attorney to be permitted
to sign petitions
A Prosecutor’s Filing Decision
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The ASA will review all initial information
The ASA will consult with the officers who
are involved in the case
The ASA will discuss the case with the
victim and witnesses
The ASA and one or more supervisors will
review a qualifying case for possible direct
file
Discovery in Juvenile Cases
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Discovery is similar to adult cases but
juvenile discovery rules are discussed
separately in Rule 8.060 of the Rules of
Juvenile Procedure
Discovery is still required when demanded
and depositions are permitted in
delinquency cases
Notable Differences in the Discovery
Rules in Juvenile Cases
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A response to a demand for discovery is
due from the SAO within 5 days not 15
days, and the juvenile’s disclosure is also
due within 5 days
Depositions are permitted in any
delinquency case, and good cause need
not be shown for depositions related to
misdemeanor charges
Negotiations in Juvenile Court
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Negotiations proceed in juvenile court as they
would in any other criminal courtroom
The State and the Defense may agree to lesser
charges and/or particular sentences that will
result in the juvenile entering a plea for a
negotiated disposition
The juvenile is always afforded counsel to
represent him or her in all stages of a
delinquency proceeding
Adjudicatory Hearings
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An adjudicatory hearing must be held within 21
days if a juvenile is detained in secure or nonsecure detention
That 21 day requirement may be waived by the
juvenile and his or her counsel if more time is
needed to investigate or mitigate the case
The hearing should be conducted so that the
proceedings are understandable to the juvenile
“to the fullest extent practicable”
Rules for Adjudicatory Hearings
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Hearings are conducted without a jury
All criminal rules apply
The burden of proof is beyond a reasonable
doubt
The juvenile is afforded the same rights in
regard to self-incrimination and illegally seized
or obtained evidence
Sentencing in Juvenile Court
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If the court finds that the juvenile has
committed a delinquent act, the court may
withhold adjudication of delinquency or may
adjudicate the juvenile delinquent
An adjudication of delinquency for a delinquent
act is never considered a “conviction”
Criminal traffic charges such as driving without a
license are not delinquent acts
Sentencing Hearings
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Predisposition report or PDR
Purpose of juvenile sentencing
Sentencing options:
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Probation and Minimum Risk
Residential or Commitment Programs: Non-Secure,
High, and Maximum
Post-commitment probation or conditional release
Factors for Direct Filing a
Juvenile in Adult Court
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Circumstances of the crime including the level
of violence and any weapons used
Age of the victim and impact of the crime
upon the victim
Age of the juvenile defendant
Criminal history of the juvenile defendant
Prior efforts at rehabilitation
Provability of the case
Mandatory Direct File
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Under Florida Statute 985.557(2), certain crimes
must be direct filed if committed by a 16 or 17
year old juvenile defendant
Those crimes include murder, sexual battery,
armed or strong armed robbery, carjacking,
home invasion robbery, aggravated battery,
aggravated assault or any crime involving the
possession or discharge of a firearm
Discretionary Direct File
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Florida Statute 985.557(1) also addresses
discretionary direct file
This section specifies charges that should be
considered for direct file when the juvenile
defendant is 14 or 15 years old
Those charges include arson, sexual battery,
robbery, kidnapping, aggravated child abuse,
aggravated assault, aggravated stalking,
murder, aggravated battery and home invasion
robbery
Discretionary Direct File
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This section also states that the state attorney
may consider any charge for direct file for a
juvenile defendant who is 16 or 17 years old
“when in the state attorney’s judgment and
discretion the public interest requires that adult
sanctions be considered or imposed.”
During the process of reviewing a case for direct
file, the ASA should always consider mitigation
provided by the defense in conjunction with the
factors discussed previously
The Effect of Direct File
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Once a juvenile defendant’s case is direct
filed, all other pending cases will be
transferred to adult court
Once a juvenile defendant has been found
to have committed a crime in adult court,
that juvenile will thereafter be prosecuted
as an adult
Indictment by a Grand Jury
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A charge for a child of any age may be presented to a
grand jury if that charge is punishable by death or life
imprisonment
As with direct file, all other cases will be transferred to
adult court and the juvenile defendant will thereafter be
prosecuted as an adult
If the juvenile defendant is found to have committed an
offense punishable by death or life imprisonment, the
juvenile must be sentenced as an adult
Juvenile Sentencing in Adult Court
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In all other cases, the court has a wide
range of sentencing options including
juvenile sanctions
The juvenile defendant is entitled to both
a pre-disposition report and a presentence investigation report when being
sentenced in adult court
2015 Statistics
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Approximately 3,212 cases opened in the
Juvenile Division in 2015
Includes approximately 1,607 felonies and
1,595 misdemeanors
Reduced by almost half from 2009 when
approximately 6,184 cases were opened in
the Juvenile Division
Number of Direct Files in 2015:
95 cases
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Most commonly direct filed charges
include Armed Robbery, Burglary to
Dwellings, Armed Burglary, Grand Theft
Auto, Murder, Carjacking, and Home
Invasion Robbery
Number of Diverted Cases in 2015:
873 cases
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This includes over 200 felonies and over
600 misdemeanors
The largest group in regard to race and
sex were African-American males
The largest group in regard to age were
16 year old juveniles
Prior Years’ Statistics
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2006: Approximately 6,261 cases were
opened, 80 were direct filed, and 1,749
were diverted
2009: Approximately 6,184 cases were
opened, 225 were direct filed, and 2,054
were diverted
Contact Information
Julie K. Taylor:
[email protected] or 904-255-2683
State Attorney’s Office, Fourth Judicial Circuit:
www.sao4th.com