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Juvenile Justice System
Arrest
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| Delinquency Petition | ||
| If there is enough evidence, the State Attorney’s Office may decide to file formal charges against a youth in a Delinquency Petition. A Delinquency Petition is a written document that describes the charges against the youth. |
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| In very limited cases the State may decide to Direct File. Direct Filed cases are dealt with through the adult Criminal Justice System. The youth loses all benefits of the Juvenile Court and is treated in all respects like an adult. Youth who are subject to a direct filing are transferred from the juvenile detention facility and held in the county jail. This option is typically only utilized when a youth has a substantial criminal history, is considered dangerous, and the State has determined that the youth is not likely to be rehabilitated within the juvenile system. | ||
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| Right to Counsel | ||
| All youth in juvenile court have a right to be represented by counsel. Families that have the ability to hire private counsel are expected to retain an attorney at their own expense. If the youth and his/her family cannot afford to hire an attorney, the court may appoint a public defender to represent the youth. (See Appointment of Public Defender below.) A youth may also decide to give up (or waive) his/her right to an attorney and to proceed on his/her own without the benefit of legal counsel. However, the judge will determine if the youth is capable of understanding his/her decision to waive counsel. | ||
| Appointment of a Public Defender | ||
| The Office of the Public Defender may provide an attorney to represent a youth in juvenile court only when it can be shown that hiring of private counsel would cause significant financial hardship for the family. To qualify for services of a Public Defender, parents must complete a Financial Affidavit form which shows their income and net worth. The judge decides if financial hardship will exist based upon poverty guidelines. Persons receiving the services of a Public Defender are required by law to pay a $40.00 application fee. This fee is paid to the Lee County Clerk of Courts located at the Suntrust Building/Justice Center Annex at 2000 Main Street in Fort Myers on the third floor (entrance from Dr. Martin Luther King Blvd.). Parents in Lee County who need help filling out the Financial Affidavit should call the Clerk’s office at (239) 533-1400. | ||