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What Happens If I’m Convicted at Trial?
A disposition hearing in the juvenile system is the same as a sentencing hearing
in adult court. However, the judge in juvenile court cannot sentence a child to
serve time in jail. In the adult system the focus of sentencing is punishment
only. In the juvenile system the judge focuses on the child’s needs and
strengths and combines treatment with discipline. The judge generally orders the
DJJ to prepare a predisposition report (PDR), which includes information about
the family, school, education, psychological and delinquent history of the child
and recommendations for the judge to consider at disposition. Before the
disposition hearing, the child and his family should meet with the defense
attorney and the DJJ probation officer to decide on the most appropriate
intervention.
The judge has sentencing options. The judge can place the child on probation
with many different kinds of conditions and restrictions, such as curfew,
repaying the victim for any damages or performing community service hours. The
judge can commit the child to the DJJ to be placed in a commitment program. The
judge can also send the child to mental health and drug treatment programs. In
cases in which the juvenile is accused of serious crimes, the judge can order
the child to be held after disposition while awaiting placement in a residential
treatment program.
Juveniles can be placed in either a non-residential (daytime only) and or
residential (overnight programs) commitment program. Florida law provides
guidelines for the judge to follow when deciding to place a child in a
commitment program. The guidelines are based on risk levels, ranging from low to
maximum. The risk levels correspond to the degree of supervision the child
requires — the higher the risk level the more intense the supervision. The five
restrictiveness levels of commitment programs range from minimum-risk
non-residential (level 2) through maximum-risk residential (level 10). A child
can be placed on long-term probation at a state school. The period of time the
child remains at any facility depends greatly on both the risk level decided by
the judge and upon the child’s progress.
Programs in higher restrictiveness levels are characterized by tighter physical
security, closer supervision, and a longer length of stay. A juvenile placed in
a commitment program is under the legal custody of the DJJ.
After being committed to a particular program level, the DJJ can transfer the
child to a different or more restrictive program, if the child is unable or
unwilling to successfully complete the program.
Each level provides education and treatment services.
A client has no right to appeal a plea of guilty or no contest, except when the
judge allows him to reserve the right to appeal a particular point of law. A
client who is convicted at trial and wants to appeal the conviction must file a
notice of appeal within 30 days of being sentenced and must advise the appellate
court of the exact errors in the trial. The client or the defense attorney must
convince the appellate court that the trial judge’s errors affected the outcome
of the case. Some common errors are that the judge did not follow the law or
that the client was prevented from exercising his constitutional rights. In some
cases, the judge may allow the client’s release on bail until a final decision
by the appellate court. The judge will set a bond, pending the appeal, only if
he believes the client has a good reason for appealing and that the client will
re-appear in court. The client does not have an automatic right to bond during
the appeal. It is possible that the client may serve the entire sentence during
the appellate process.
For an overview of consequences to a minor who is arrested or convicted,
click here
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