Jacksonville Criminal Defense Lawyer Blog

In a Jacksonville Juvenile Criminal Case, the juvenile defendant is the party that is accused of committing a crime, not the juvenile's parent. However, parents can be obligated to pay restitution in their child's criminal case. Restitution is normally the amount of money or value of the property that the alleged victim has lost due to the defendant's actions. In a Jacksonville Juvenile Criminal Case, the parent and child can be responsible for paying for this loss, because the court has jurisdiction over the parent and the child.

Florida Statute Section 985.437(2) permits the court to order a juvenile to pay "restitution in money, through a promissory note cosigned by the child's parent or guardian, or in kind for any damage or loss caused by the child's offense in a reasonable amount or manner to be determined by the court." If the court orders restitution, "the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make." It is important that Jacksonville Juvenile Criminal Defendants not be required to pay an obscene amount of restitution for a couple reasons. First, when a defendant is ordered to pay restitution, he or she is normally placed on probation to pay the restitution. If he or she is required to pay too much every month, then this will certainly result in a violation of probation. Second, it is difficult for adults to find employment right now. It would be ridiculous to believe that a juvenile could find a job that would pay enough to cover tens of thousands of dollars in restitution. Thus, the parent would be required to pay the restitution.

Florida law does provide for an exception to the rule that a parent can be required to pay a Jacksonville Juvenile Criminal Defendant's restitution.  Under Florida Statute Section 985.437(4), a parent may avoid such responsibility if the court finds "that the parent or guardian has made diligent and good faith efforts to prevent the child from engaging in delinquent acts."

The Nassau County Sheriff's Department led to several arrest last weekend in Yulee, Florida, a small town outside of Jacksonville. According to the Jacksonville News, the 'Girls Gone Wild' film crew went to The Mill Night Club where "men were allegedly encouraging women to show their breasts so they could be filmed."  Several people were arrested for violating a

At Apple Law Firm PLLC, we represent people in Jacksonville and the surrounding areas for charges ranging from indecent exposure and violating the adult entertainment code to Florida sexual battery.  Regardless of the type of Jacksonville sexual offense that you are charged with, it is important to discuss your case with a Jacksonville Sex Crimes Attorney.  

Today, I learned about a game that some children play in the Jacksonville, Florida area. It is called "Man Hunt." It appears to be a spin off of hide-n-seek and tag, but firearms are involved. According to an article entitled "How to Play Man Hunt," the players set up a large perimeter. All players, except the hunter or hunters, are given a time period to hide.  Then, the hunt begins. While this article, does not reference the use of firearms or weapons in any way, it appears that children have taken the game a step further and incorporated air guns and/or BB guns.

Not only is this dangerous to the children involved and bystanders, it can result in civil and criminal liability for parents. As for civil liability, a parent that allows a child to use an air gun or BB gun in a negligent fashion or without supervision may be sued for negligence and be held liable for any damages to person or property. As for criminal charges, Florida Statute Section 790.22(1) states:

"the use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor's parent."

Florida Statute Section 790.22(2) declares that it is a second degree misdemeanor if an adult responsible for the welfare of a child under 16 years old knowingly allows that child to violate the statute listed above.  Indeed, parents should watch their children closely to prevent violations of Florida firearm's law in Jacksonville.  This will not only prevent an arrest, but also prevent injury to others.  In fact, a ten-year-old boy died last month due to an injury inflicted while playing cowboys and indians with his father's air gun.