Pinellas County Florida Criminal Lawyer Blog

I recently handled a Florida case where a 16 year old kid committed some vehicle burglaries.  This is a relatively common crime where kids go into unlocked cars and steal change and whatever else they think might be worth something. But a few days later, I got an outraged call from his mother because his full name - first, last, and middle, AND his home address and date of birth were in the newspaper.  When I Googled it, sure enough, his name, address and all identifying information were in several newspapers. 

My understanding of the law was that juvenile names, especially alleged defendants in crimes, were confidential.  Apparently, not anymore.  As of July 2008, any child charged (not convicted) of a felony offense is not exempt from public record.   In fact, I went to the Hernando County Florida Sheriff's Office website and found a PRESS RELEASE with this kid's name in it.  Apparently, the Hernando County Sheriff's Office finds it good press to solve silly crimes. (They recently arrested a 14 year old boy for having CONSENSUAL sex with a 12 year old girl)

So I looked up the NEW LAW and found, indeed, it was legal to publish the names of juvenile defendants (Florida Statute 985.04).  However, the Clerk's Office, nor the State Attorney's Office will provide you with any information on juvenile cases. 

In a previous blog entry I wrote about the fact that juvenile arrests are not confidential.  Recently, in Pasco County, Florida, two teenagers were arrested for attempted murder, sexual assault and burglary.   The victim is 89 years old.  A horrendous crime by all accounts.  But to prove my point, watch this video from Fox News which shows the 14 and 15 year old suspects in court.

 
It is interesting to watch the suspects reactions on the news clip.  Clearly, they don't have a clue as to how much trouble they are potentially in, or what is going on.  It would be interesting to know whether or not they have ever been in a courtroom, have a prior record, or understand their rights.  Most adults don't understand the legal process, much less children. 

What will happen to these teenage boys if they are convicted?

First, they were charged as adults, not as juveniles, so they can be sentenced as adults to regular state prison in the Florida Department of Corrections. 

Second, the crimes they are charged with carry life prison terms.  So potentially they could be sentenced to a life sentence in adult prison.  But they also might be sentenced back to juvenile court to receive their sentence there and go into a commitment program with the Florida Department Juvenile Justice.  Or, they might receive a lesser adult sentence.  Or they may never be convicted at all if the cops didn't do their job correctly.  Stay tuned.