A juvenile criminal defense lawyer can help ensure a child’s rights are protected if he or she has been charged with a crime or incorrigibility in Miami. Incorrigibility is when an adolescent repeatedly fails to comply with orders given by parents or other authority figures.
Seeking help from an attorney is especially important if there is the possibility it could be transferred to adult court. In some cases, incorrigibility could result in numerous problems for the juvenile.
Understanding the Difference between Disobedience and Incorrigibility
Rebellion and disobedience seem to go hand-in-hand with teenagers. However, there comes a point at which typical teen behavior has gone to a whole new level.
One of the factors that will be considered is whether the behavior or actions are threatening or dangerous to others. If so, this may qualify as incorrigible. Another consideration is the frequency of the behavior or actions. A one-time event won’t constitute incorrigibility, but repeated instances could.
Defining when an adolescent has become incorrigible will depend on the specifics of his or behavior. A lawyer who handles juvenile criminal defense cases in Miami will be able to explain the laws in Florida and how they may apply to your specific situation.
Determining if an Adolescent is Incorrigible
Parents, guardians and others may have their opinions on when a juvenile has crossed the line into incorrigibility. But it will take a juvenile court to make a legal determination.
The process usually begins with a statement or petition being filed on behalf of the teen’s parents, but it can also come from a therapist or someone else involved in his or her life. At this point, a hearing or investigation will be initiated. This is when information is collected and a decision is made regarding the legitimacy of the petition.
If there is no basis for the claims, it will be dismissed. This can happen for a number of reasons, such as lack of evidence. There are two types of proceedings if things move forward.
One is an informal proceeding, which means formal charges are not issued against the accused. The juvenile goes before a judge or probation officer. Although it is informal, there are still punishments that can be given.
A formal proceeding will result in formal charges being filed. The teen could end up being held in custody, released, or the case could end up being moved to adult court.
In any event, a juvenile criminal defense lawyer may be helpful. Some of the punishments are relatively minor, but there is the potential to face serious penalties depending on the circumstances of the case.
Punishments for Incorrigibility
One of the milder punishments is community service. It could include picking up garbage in a park, working with the elderly or another type of community work.
Another light punishment is probation. There will be specific terms by which the juvenile must abide, such as attending school on a regular basis. Probation generally lasts a year. Some may be told to attend counseling. It may require that the parents or guardians also attend the sessions, or attend some of the sessions.
The most serious punishment that could be given is sentencing to a detention center. This is similar to a jail in that he or she is confined for a specified period of time.
Seeking Help from a Juvenile Criminal Defense Lawyer
Even with a case involving incorrigibility, there is the potential to face serious penalties depending on the circumstances. To make sure your rights or your child’s rights are protected, contact a criminal defense lawyer at Falk & Ross.
Since the juvenile court system can be complicated, it doesn’t hurt to take advantage of our free initial consultation. We understand the emotional and long-term implications of facing punishment or being formally charged. Call a juvenile criminal defense lawyer at our Miami offices at 305-741-6997 or 877-663-5110.