Category: Juvenile Law · Statute: F.S. 985.35 · Source: Florida Legislature
Understanding Adjudicatory Hearing (Juvenile) in Florida
In Florida, an adjudicatory hearing is the formal trial phase of the juvenile delinquency process, governed by Section 985.35 of the Florida Statutes. Unlike the adult criminal justice system, juveniles do not have a constitutional right to a jury trial. Instead, the adjudicatory hearing is a bench trial presided over solely by a circuit court judge. During this proceeding, the state attorney must present evidence and witness testimony to prove beyond a reasonable doubt that the juvenile committed the delinquent act or violation of law alleged in the petition for delinquency.
The rules of evidence that apply in adult criminal trials also govern Florida juvenile adjudicatory hearings. The youth is represented by counsel, has the right to confront and cross-examine witnesses, and may present a defense. At the conclusion of the hearing, the judge will make a finding of guilt or innocence. If the judge finds that the state did not meet its burden of proof, the petition is dismissed. If the judge finds that the juvenile committed the offense, the court may either withhold adjudication or enter an adjudication of delinquency, and the case will proceed to a disposition hearing to determine the appropriate sanctions or rehabilitative program.
Pretrial Detention and Release Before the Hearing
Because the juvenile system focuses on rehabilitation rather than punishment, traditional monetary bail bonds do not exist for juveniles in Florida. Instead, under Chapter 985, a juvenile's release or detention prior to the adjudicatory hearing is determined by a multi-point risk assessment instrument (RAI). If the court orders secure detention, the state must generally bring the juvenile to the adjudicatory hearing within 21 days of the initial detention, ensuring a swift resolution compared to the adult system.