Articles Posted in Youthful Offender

Florida, like most states, treats minors charged with crimes differently than adults. The Florida Rules of Juvenile Proceeding provide more safeguards for protecting the rights of juveniles charged with crimes, and the failure to comply with the rules can result in the reversal of a conviction. This was illustrated in a recent case out of the Florida appellate courts, where the court reversed a juvenile conviction on the grounds that the trial court had not properly established the juvenile defendant’s right to counsel. If you are a juvenile resident of Clearwater facing criminal charges it is in your best interest to consult a knowledgeable Clearwater criminal defense attorney to help protect your rights.

Trial Court Proceedings

Allegedly, the defendant, who was a minor, was on probation for various charges. The state filed affidavits alleging the defendant was in violation of his probation. The case proceeded to a plea hearing, which the defendant attended alone without the presence of a parent, guardian, or adult relative. He advised the court that he wished to waive his right to an attorney and admit to violating the terms of his probation. The court subsequently found the defendant waived his right to counsel freely and voluntarily and scheduled a date for the disposition of defendant’s charges. The defendant was not represented by counsel at the disposition hearing. He was adjudicated delinquent and committed to the Department of Juvenile Justice to be placed in a residential program. The defendant subsequently appealed, arguing that the trial court erred as a matter of law by failing to properly investigate his waiver of the right to counsel.

Florida law allows a person who is under the age of 21 and commits certain crimes to be sentenced as a “youthful offender,” eligible for a reduced prison sentence and/or supervised release. To be eligible for youthful offender status, you must be convicted of a noncapital crime that doesn’t carry the possibility of a life sentence. If you are treated as a youthful offender, the maximum sentence that you can serve is six years in prison. Still, as a recent case out of the Fourth District Court of Appeal shows, a youthful offender who is given the opportunity to complete probation instead of prison time can still be thrown behind bars following a Florida burglary offense or another serious crime if he or she doesn’t live up to his or her end of the deal.The defendant was under 21 when he was arrested, charged, and later convicted of burglary of a dwelling. He was sentenced as a youthful offender and originally ordered to serve probation. The defendant violated the terms of that probation multiple times, however, including by being caught using drugs. In a hearing in which a judge considered revoking his probation, he allegedly told the judge that he had previously perjured himself on instruction from an attorney in order to get a better sentence.

The judge eventually sentenced the defendant to 15 years in prison, the maximum sentence for the crime. He said that the defendant “showed a flagrant disregard for the law” by violating the terms of probation and lying in court. “All I see is an individual who is willing to say and do and manipulate anything in order to get his own way,” the judge said. “And that once he does get his own way, he doesn’t follow through on his commitments.” As a result, the judge found that the defendant was a “violent felony offender of special concern posing a danger to the community.”

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