CopyCited 5 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 671, 2009 Fla. LEXIS 2066, 2009 WL 4841088
...Next, rule 8.115 (Disposition Hearing) is amended to specifically provide, in new subdivision (b), that counsel be appointed at disposition hearings. This is in response to the NJDC's recommendation that youth should be represented at all court hearings and throughout the entire delinquency process. It also conforms to section 985.033(1), Florida Statutes (2008), which requires that a child be represented at all stages of the delinquency proceeding unless counsel is waived....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2010 WL 1507010
...y evaluations. [1] Contrary to W.Z.'s assertion, the Legislature has authorized the assessment of attorney's fees against a child who has been found guilty of committing a criminal act and who received the assistance of the public defender's office. Section
985.033(1), Florida Statutes (2009), provides that a child is entitled to representation by legal counsel at all stages of delinquency court proceedings. If the child and the parents (or other legal guardian) are unable to employ private counsel, the court is required to appoint counsel to represent the child. Significantly, section
985.033(1) expressly makes the costs of representation provisions set forth in section
938.29 applicable to juvenile delinquency proceedings: Determination of indigence and costs of representation shall be as provided by ss....
...Stat. (2009). Furthermore, the court is expressly authorized to make payment of attorney's fees a condition of probation. §
938.29(1)(c). The obligation to pay the child's attorney's fees may also be placed on the child's parents or legal guardian. §
985.033....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8461
...luntary. (4) No waiver shall be accepted if it appears that the party is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors. See also § 985.033(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 5048
...resentation by legal counsel at all stages of delinquency court proceedings. If the child and the parents (or other legal guardian) are unable to employ private counsel, the court is required to appoint counsel to represent the child. Significantly, section
985.033(1) expressly makes the costs of representation provisions set forth iii section
938.29 applicable to juvenile delinquency proceedings: Determination of indigence and costs of representation shall be as provided by ss....
...(2009). Furthermore, the court is expressly authorized to make payment of attorney’s fees a condition of probation. §
938.29(l)(c). The obligation to pay the child’s attorney’s fees may also be placed on the child’s parents or legal guardian. §
985.033....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 15862
wrongdoings” do not affect.his right to counsel. Section 985,033(3), Florida Statutes (2015), states that if
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 WL 2279026
...luntary. (4) No waiver shall be accepted if it appears that the party is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors. See also § 985.033(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Case number 2015-CJ-34
3We note that if the trial court had conducted the thorough inquiry required
by rule 8.165, D.A.C. would have been informed that his mother's financial status and
her feeling that she would not "have to provide an attorney for his wrongdoings" do not
affect his right to counsel. Section 985.033(3), Florida Statutes (2015), states that if a
child's parent is not indigent but refuses to employ counsel, the trial court "shall order
the parents or legal guardian to obtain private counsel." If a parent willfully fails to
comply w...
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 15632, 2015 WL 6161138
...he
opportunity to have an attorney present at the contempt proceeding.
We reverse the contempt conviction because appellant was not
represented by an attorney at his direct criminal contempt hearing, nor
was he advised of his right to counsel.
Section 985.033(1), Florida Statutes (2014), provides that a “child is
entitled to representation by legal counsel at all stages of any delinquency
court proceedings.” The statute, in no uncertain terms, goes on to state:
A child shall be r...
...This Court finds that the conduct occurred
in the presence of the Court and was calculated to embarrass,
hinder, and obstruct the administration of justice.
2
3d 827 (Fla. 2014).2 These adult cases are not subject to the broad
mandate of section 985.033(1) for juvenile cases.
We also note that the contempt proceeding itself was deficient for failure
to comply with Rule 8.150(a)....
CopyPublished | District Court of Appeal of Florida
same statute as their adult counterparts. See §
985.033, Fla. Stat. (2018). When a juvenile is represented
CopyPublished | Supreme Court of Florida | 2008 WL 1901692
...l right to counsel. The substantive right to counsel for children in juvenile delinquency proceedings is firmly established under the United States Constitution and Florida Statutes. In re Gault,
387 U.S. 1, 36,
87 S.Ct. 1428,
18 L.Ed.2d 527 (1967); §
985.033(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 20519, 2009 WL 5150085
...f probation, was imposed anew for one year. The trial court’s order also denied appointment of appellate counsel. Although this issue is moot because Appellant obviously has counsel, we observe that Appellant is entitled to appellate counsel under section 985.033(1), Florida Statutes (2007)....
