Miami Juvenile attorney Archives - Pimentel & Castillo

The idea that one event or mistake made in youth can have lasting negative consequences on one’s adult life is a frightening prospect. That is the situation minors face when they are arrested and charged for a criminal offense. An experienced Miami juvenile defense attorney can defend minors’ rights in court and ensure the best possible outcome.

Still, some will be left with a juvenile record that could be an obstacle to their educational and professional futures. Fortunately, in certain cases, a juvenile record in Florida can be sealed or expunged.

Eligibility for Expungement or Sealing

In Florida, a juvenile record is automatically eligible for expungement or sealing when the offender turns 24 years old or, for a serious or habitual offender, 26 years old. However, typical offenders can try to get their juvenile record sealed or expunged at an earlier age.

Minors that were arrested for nonviolent offenses and/or completed a court-ordered diversion program can petition for expungement or sealing of their juvenile record. This petition can only be done once to clear the record of only one arrest. Most juvenile records are eligible unless the offender fits the following characteristics.

found guilty or adjudicated delinquent for the offenses on the juvenile record they wish to seal
found guilty or adjudicated delinquent for serious criminal offenses, especially violent and sex crime offenses
previously had a criminal record sealed or expunged
concurrently filed another petition for expungement or sealing

Procedure

In order to seal or expunge a juvenile record in Florida, offenders must first apply for a Certificate of Eligibility for Sealing. Only once they receive this certificate can they petition the juvenile court that handled their case for expungement or sealing of their record. Trying to have a juvenile record cleared is often a complex process and, in such cases, the guidance of an experienced Miami juvenile defense attorney is incredibly valuable.

If you were arrested or charged with a criminal offense as a minor, the attorneys at Pimentel & Castillo can guide you every step of the way toward achieving a expungement or sealing of your juvenile record in Florida. Once your juvenile is record cleared, you will not have to reveal your juvenile offenses to most people and employers, eliminating significant obstacles to your future educational and professional endeavors.

Call us to request a free consultation with a seasoned Miami juvenile defense attorney today.

The answer is yes, sexting between two minors is considered a crime in Florida. In 2011, the Florida legislature passed a law that specifically pertained to teen sexting. Children and teenagers under the age of 18 should have some understanding of this law and the penalties for violating it.

Prior to this law, minors caught sexting would be charged according to more severe Florida child pornography laws. While this is no longer the case, the consequences for minors who violate the current law can still be harsh with long-lasting effects for the offender. If a you are a parent or guardian of a minor cited for a sexting violation, seeking the legal counsel of an experienced Miami juvenile defense attorney is recommended.

What is Sexting and Teen Sexting?

Sexting is defined as people sharing nude or sexually explicit messages, typically photos or videos, through the use of electronic communication channels and devices such cell phones, the Internet, social media, and so on. Teen sexting occurs when the above behavior happens between two minors and the messages in question depict minors.

Under Florida sexting law, sexting between two consenting adults is not a criminal activity. However, teen sexting is considered a criminal offense. Minors commit the crime of sexting when they knowingly distribute, receive, possess, or create a nude or sexually explicit image or video of another minor.

If a minor receives an image or video depicting a minor in situations of nudity or sexual conduct, but they (i) did not solicit the image, (ii) did not distribute the image to another party, and (iii) took steps to report the image to a parent, guardian, school official, or law enforcement official, they are unlikely to be charged with violating the Florida sexting law.

What are the Penalties of Teen Sexting?

The consequences minors may face because of sexting vary in severity and depend on the specific circumstances of each case. Generally, punishments get harsher the more offenses a minor is charged with. Any images or videos transmitted or received within a 24 hour period are counted as one offense.

First Offense — Minor charged with non-criminal violation, could face a $60 fine, 8 hours of community service, and/or mandatory classes on the dangers of sexting.
Second Offense — Minor charged with first degree misdemeanor, could be faced with steeper fines, probation, and/or placement in a juvenile detention center.
Third Offense — Minor charged with third degree felony, could face a prison sentence of up to 15 years and may be required to register as a sex offender.

To learn more about the Florida sexting law and Florida child pornography laws as they pertain to juvenile defendants, speak with a seasoned Miami juvenile defense attorney. The attorneys at Pimentel & Castillo are experienced at defending juveniles from criminal charges, including sexting violations. If you are a parent or guardian of a minor that is facing teen sexting charges, call us today for a free consultation.

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Expungement or Sealing Juvenile Record in Florida

Is Teen Sexting a Crime in Florida?