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Juvenile Court / Direst File / L&L / Lewd & Lascivious / Inappropriate Touching / Rehabilitation vs. Punishment / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Need help with a juvenile case?  My son (from a previous relationship), who is 14 years old is being charged with L&L battery on his younger sister, who is 4 years old (my… Scroll down to read more!

October 31, 2014 / Michael A. Haber /

Q:     Need help with a juvenile case?  My son (from a previous relationship), who is 14 years old is being charged with L&L battery on his younger sister, who is 4 years old (my daughter also). However, there was no battery (unless I’m reading the law wrong). He did touch her inappropriately, but reading the Florida law on L&L battery battery doesn’t fit with the situation. The siblings do live in the same home. I put my son in a youth shelter on 10/1 and he will be released tomorrow. All investigations have been complete on the part of the police dept and is now in the hands of the State Atty. Can anyone tell me what may happen with my son? He has never been arrested for this, has no record and only my fiance has received a summons to give a witness testimony on the case (not sure why as we all live together).Just to clarify some things, my fiance and I have the daughter (victim, 4) and a son (6) together. My 14 year old is from a previous relationship. My daughter is getting the help she needs but any idea on what I can expect to happen with my son? He was never arrested and DCF said they can’t help because of his age.  I love my son and want him to get help but I don’t want him railroaded. He is a good kid in general, he does well academically, and has NO prior record. The detective said he was being charged with L&L molestation, but the witness summons my fiance got from the state attorney says L&L battery, which is indicative of some force used. But there wasn’t any kind of force. What can I expect will happen with my son? Will he have to register as an offender? Will he be sent to a program? No one is telling me anything so I am very confused, worried and scared.

A:     


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Michael Adam Haber

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Criminal Defense Attorney – Miami, FL

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9 lawyers agreed with this answer

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Lawyers agree
Answered . First, L&L does not require the perpetrator and the victim to reside in the same home and second, in FL a battery is a non-consensual touching – so you have thoroughly incorrectly read the law.

Your son could be prosecuted for his inappropriate touching, but the question is where. Given his age I am almost certain that he would be kept in the juvenile system. He is not only young enough, but he also has no priors and, most importantly, as the juvenile system is geared toward helping / rehabilitating (whereas the adult system is geared strictly toward punishment) he stands his best shot at treatment and awareness in the juvenile system.

Juvenile Court is different than adult in many ways. Most significant are the lack of bond / bail in juvenile cases, the lack of juries in juvenile proceedings and, as stated, the goals and means of providing assistance to at risk kids such that they become responsible adults.

From what you have proffered your son is a perfect candidate for juvenile prosecution and, in his case, this might be the bets thing that ever happens/happened to him. The best thing that you can do is to be understand and supportive – to assist him in being compliant with the system – and of course if you can afford to retain experienced G-ville area criminal defense counsel that would be beneficial. (If not don’t sweat it; instead concentrate on being understand and supportive and have faith in the PD – they are well-trained, highly capable and have the necessary resources to diagnose the situation and generate a comprehensive plan which will serve your son’s personal and legal interests.)

Good luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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