Fort Lauderdale Contributing to Child Delinquency Lawyers

In Fort Lauderdale and across Florida, contributing to the delinquency of a minor is a criminal charge that can have serious consequences. Parents, family members, teachers, coaches and others who interact with children need to understand what this law means and how an experienced lawyer can defend against allegations.

What is Contributing to Child Delinquency?

Florida statute 827.04 makes it illegal to commit “any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services.” [1] This covers a wide range of behavior that prosecutors can argue led to or encouraged delinquent or criminal acts by a minor under 18.

Some examples include:

• Providing alcohol, tobacco, drugs, firearms or pornography to a minor
• Allowing or encouraging truancy from school
• Failing to provide adequate supervision and care
• Exposing a child to family violence or drug activity
• Knowingly allowing criminal behavior such as vandalism or theft

The law is intended to protect children, but it can also be used subjectively and politically against unpopular adults. Even well-meaning parents trying their best can get accused of contributing to delinquency.

Penalties for Contributing to Delinquency

A first offense for contributing to child delinquency is a first-degree misdemeanor in Florida, carrying penalties of[2]:

• Up to one year in jail
• Up to one year of probation
• Fines up to $1,000

Subsequent offenses are third-degree felonies with harsher punishment:

• Up to five years in prison
• Up to five years probation
• Fines up to $5,000

These criminal penalties can be devastating for parents or family members unfairly accused of contributing to a child’s delinquency. Even if charges are eventually dropped, the arrest itself can cause trauma and disruption to families.

Real-World Examples

Prosecutors often tack on contributing to delinquency charges in combination with other offenses like providing drugs or alcohol to minors at a party. But the vagueness of this law allows police and prosecutors leeway to apply it in scenarios that many would consider normal parenting. For example:

• Allowing a 16-year-old out past curfew
• Letting a child play violent video games
• Leaving a 13-year-old home alone for a few hours
• Failing to prevent a child from smoking cigarettes

While most parents would not consider the above examples good parenting, criminal charges seem excessive. But Florida’s broad statute gives law enforcement discretion to interpret all sorts of caregiver decisions as “contributing” to delinquency. [3]

Defending Against Contributing to Delinquency Charges

The breadth of this law means defense attorneys have multiple angles to get charges reduced or dismissed:

Lack of Intent

Since contributing to delinquency requires willful or grossly negligent conduct, it may be possible to show the accused did not intentionally commit acts to encourage criminal behavior. Parents disciplining or supervising children normally could argue they were acting in good faith without intent. [4]

Parental Rights

Parents have constitutionally protected discretion in raising their children. Reasonable acts like setting rules or meting out discipline generally fall under this parental authority. Arguing charges infringe on those rights may convince prosecutors to back off. [5]

False Accusations

Sometimes charges arise from exaggerated or false claims by a bitter ex-spouse, rebellious child, or others with agendas. Skilled lawyers can investigate the facts to undermine bogus allegations.

Mitigating Factors

Even if some allegations prove true, defense attorneys can point to mitigating factors like:

• Child’s pre-existing behavioral problems
• Single parent struggling with discipline
• Unique family circumstances
• Positive steps taken to address issues

This can persuade prosecutors to drop or reduce charges.

Finding the Right Lawyer Matters

Fighting contributing to delinquency allegations requires an experienced criminal defense lawyer. These charges invoke child welfare concerns, so prosecutors often pursue them aggressively. The lawyer’s reputation and track record with similar cases will make a difference. Consider:

• Local expertise – Lawyers familiar with local prosecutors and judges can better predict outcomes.
• Negotiation skills – The best resolution is convincing prosecutors to drop or reduce charges.
• Trial experience – If negotiation fails, ready and able to mount a vigorous courtroom defense.
• Empathy and discretion – These are sensitive cases involving children, requiring compassion and confidentiality.

Do not leave the fate of your family in inexperienced hands. Fort Lauderdale has no shortage of qualified criminal defense attorneys ready to protect your rights. Take time to research and find the right one for your unique situation.

The Cost of a Strong Defense

Top attorneys with the skills and record to defend contributing to delinquency charges do not come cheap. Retainer fees often start between $3,000-$5,000, and can run much higher for cases going to trial.

While no family wants this unexpected expense, it’s wise to view legal fees as an investment in your future. The consequences of a conviction are far more financially damaging over the long run than working with a lawyer to beat the charges.

Public defenders are free for those who cannot afford private lawyers. But public defenders juggle heavy caseloads that limit their time and resources. For the best chance at dismissal or acquittal, paying for an experienced lawyer is money well spent.

Take Allegations Seriously

Any charge related to a minor’s welfare will be handled as a grave matter by police, prosecutors, and judges. Never assume an allegation will just go away on its own if you ignore it. Consulting an attorney immediately gives you the best chance to avoid charges or start building your defense.

If questioned by police, remember you have the right to remain silent. Be polite but do not answer questions or sign any statements without your lawyer present. What you say can and will be used against you otherwise.