Factual and Procedural Background

It is alleged that the defendant, who was a minor, was arrested for battery. According to the allegations, the victim was involved in a physical fight with the co-defendant at a party. Subsequently, the defendant joined the argument and physically attacked the victim, hitting and kicking her in the back, face, and head. The case proceeded to trial, and the defendant was adjudicated delinquent.

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Underage people living in Florida have the same rights as adults with regard to criminal investigations. In other words, they have the right to be free from unreasonable searches and seizures. As such, if the police impermissibly detain a minor, the minor arguably cannot be deemed guilty of the commission of any offenses that happen during their detention. Recently, a Florida court examined what constitutes a reasonable seizure of a minor in a case in which a juvenile defendant challenged her adjudication of delinquency for battery on a police officer. If you are currently charged with committing a crime as a juvenile, it is critical to speak to a Clearwater juvenile defense attorney to determine what defenses you might be able to set forth.

Facts of the Case

It is reported that a police officer observed the defendant sitting in a corner near the entrance of a high school after the school was closed. Out of concern for the defendant, who was a young female alone at night in an area with a high rate of crime, the officer approached the defendant and began questioning her. The defendant was reluctant to provide the officer with information; she stated she was waiting for a bus but did not have any bus information, and she declined to tell him her parents’ full names or her address.

Reportedly, the officer called for backup, after which the defendant ran away. The officers pursued the defendant on foot, caught and handcuffed her, and placed her in the back of a police vehicle. They checked on her about half an hour later and found her kicking the partition between the seats. They attempted to restrain her, and she kicked one of the officers in the chest. She was charged with battery of an officer but moved for judgment of dismissal on the grounds that her seizure was illegal. The court found her guilty, and she appealed.

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Factual and Procedural Background

It is reported that the defendant was charged with and convicted of armed sexual battery in 2016, for offenses he committed when he was fifteen years old. He was subsequently sentenced to fifty years imprisonment. The defendant then filed a motion for post-conviction relief, arguing that the sentence violated his Eighth Amendment rights. The district court denied the motion, after which the defendant appealed.

Evaluating Whether a Sentence is Unjust

On appeal, the defendant argued that because he was a nonhomicide juvenile offender, his sentence violated Florida law, and he was entitled to relief. Upon review, the court noted that under Florida law, the constitutional prohibition against unusual and cruel punishment comes into play when a nonhomicide juvenile offender’s sentence does not afford him or her any meaningful chance for release based on demonstrated rehabilitation and maturity. The law is based on the position that imprisonment for a juvenile is qualitatively different than a comparable term for any adult. In further defining juvenile offenders’ rights with regards to sentencing, the Florida courts ruled that any lengthy term of years sentence imposed on a juvenile offender, which means any sentence longer than twenty years, does not provide a true opportunity for early release and may be vacated.

Further, the court noted that to qualify as a meaningful chance for early release, the courts must ensure that a nonhomicide juvenile offender is not sentenced to a term of imprisonment that only provides for a release at the end of his or her sentence or at a time that is beyond his or her natural life or does not include early release for rehabilitation or maturity. In the subject case, the court noted that the defendant was sentenced to a term of imprisonment that exceeded twenty years without an opportunity for judicial review or early release. Thus, the court found he was entitled to a new sentence and reversed the trial court ruling.

Meet with a Trusted Sex Crime Attorney

If you are charged with sexual battery or any other sex crime in Clearwater, it is wise to retain an attorney who will fight to protect your rights throughout the duration of your case. Attorney William Hanlon of Hanlon Law is a knowledgeable Clearwater sex crime attorney who will zealously advocate on your behalf to help you obtain the best result available in your case. You can reach Mr. Hanlon via the form online or by calling 727-897-5413 to set up a complimentary and confidential consultation.

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A Florida appellate court recently analyzed whether a juvenile’s sentence of 100 days of detainment following violations of a probation order was unlawful. If you are a juvenile resident of Clearwater and are charged with a criminal offense or probation violation, it is in your best interest to meet with a skilled Clearwater criminal defense attorney to discuss your rights under the law.

Terms of the Defendant’s Probation

Reportedly, the defendant was placed on probation for petit theft and possession of cannabis. The terms of the defendant’s probation required her to live at her mother’s home. While she was on probation, the defendant was charged with possession of a controlled substance. During a conference regarding her probation violation, the court issued a “Do Not Run Order.” The order required the defendant to live at her mother’s home and put the defendant on notice that if a rule to show cause was issued a hearing could be held on whether she was guilty of contempt. Further, the order stated that the defendant was on notice that she faced five days for the first day she was on the run, but no more than fifteen days for each subsequent day. Each day on the run was considered a separate contempt offense.

It is alleged that the defendant left her mother’s home on December 26, 2018, and was not located until January 4, 2019, when she was picked up by the police. The State filed a Rule to Show Cause to commence contempt proceedings against the defendant, after which the court issued an order to show cause as to why the defendant should not be held in contempt.  The trial court held an evidentiary hearing, after which the defendant was found guilty of contempt due to ten separate violations of the Do Not Run order. She was sentenced to ten days for each violation to run consecutively, for a total of 100 days. The defendant filed a petition for a writ of habeas corpus arguing that she was unlawfully detained and that her sentence was improper. The court denied her petition.

Statute Pertaining to Juvenile Contempt Proceedings

The defendant argued that her alleged violation of the Do Not Run order constituted a single act of contempt, and therefore, her sentence was illegal. The court noted that the statute pertaining to juvenile contempt proceedings allows for a juvenile who has been held in contempt to be placed in a detention facility for up to five days for a first offense and up to fifteen days for a subsequent offense. The court stated in interpreting the statute regarding contempt proceedings in a similar case, the Florida Supreme Court held that a juvenile who violates an order on multiple occasions commits several acts of contempt and can be sentenced for each act.

Here, the court noted that the defendant had previously violated the order to remain in her home. Subsequently, the trial court issued an order stating the defendant would face a separate contempt charge for each day she remained on the run. Thus, the court held that each day the defendant refused to comply with the trial court’s order constituted a separate violation. Moreover, the court stated that to find otherwise would undermine the court’s order and vitiate the language of the statute. As such, the court denied the defendant’s petition.

Confer with a Skilled Clearwater Criminal Defense Attorney

Under Florida law, juvenile defendants are afforded certain rights and protections. If you are a juvenile who lives in Clearwater and are currently facing criminal charges, you should confer with a skilled  Clearwater criminal defense attorney to discuss potential defenses.  Attorney William Hanlon of Hanlon Law is a proficient Clearwater criminal defense attorney who will work diligently to help you retain your liberties. Mr. Hanlon can be reached at 727-897-5413 or through the online form to schedule a meeting.

More Blog Posts:

Florida Appellate Court Overrules Conviction Due to Improper Waiver of a Juvenile’s Right to Counsel, December 10, 2018, Clearwater and St. Petersburg Criminal Lawyer Blog

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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.

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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.”

The Fourth District affirmed the decision on appeal, finding that the judge did not abuse his discretion by giving the defendant the maximum sentence. The court explained that judges have a lot of leeway in considering the “very broad” factors they are expected to weigh when deciding whether to revoke probation. Those factors include the nature and circumstances of the violation and any new criminal charges, the person’s “present conduct,” the weight of the evidence against the person, and whether the person has shown that he or she is amenable to punishment other than incarceration.

In this case, the court said the judge was justified in finding that the defendant should be imprisoned. The court noted, however, that he should have been sentenced as a youthful offender, since the original probation sentence was based on youthful offender status. That meant that he could be sentenced to a maximum of six years behind bars.

If you or a loved one has been charged with a crime in Florida, it is essential that you seek the advice and counsel of an experienced defense lawyer. Clearwater burglary defense attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

More blog posts:

Confidential Informants in Florida Drug Cases

When Can Cops Stop You on the Street in Florida?

New Stand-Your-Ground Law at Issue in Tampa Murder Trial

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