Delinquent Act Citation (DAC)
If a juvenile in Tampa or Hillsborough County, FL, is found in possession of a misdemeanor amount of marijuana (less than 20 grams) or possession of drug paraphernalia then the arresting officer has the option of issuing a Delinquent Act Citation (DAC) in the Thirteenth Judicial Circuit (sometimes referred to as the JAAP program or the DACP program).
This program is basically a pre-filing diversion program in juvenile drug court. The presiding judge is the Honorable Denise A. Pomponio, Circuit Court Judge. If the parent and child agree to participate, the child and parent must attend additional court dates in Tampa and the child must undergo a risk assessment and be referred to a treatment provider for an evaluation and treatment determination.
The DAC notifies the child that the arresting officer has determined that there is probable cause to detain the juvenile for either less than 20 grams of possession of marijuana or possession of drug paraphernalia. The Delinquent Act Citation also explains whether the child is eligible to participate in the intervention program. The officer will also take the child’s fingerprints on a JAAP fingerprint card.
The program is a cooperative effort between the Administrative Office of the Courts and the Clerk of the Circuit Court, the State Attorney’s Office in Hillsborough County, the Public Defender’s Office, the Hillsborough County Sheriff, the Tampa Police Department, the Temple Terrace Police Department, and the Plant City Police Department.
Attorneys for Delinquent Act Citations in Tampa, FL
When young people are accused of possession of marijuana, the consequences of the accusation are often far more serious than the harm caused by the act. In order to help the child avoid the consequences of a traditional juvenile record, the courts in the Thirteenth Judicial Circuit have created a special program which is similar to a pre-filing diversion program in drug court.
The program is most appropriate for children who are addicted to marijuana or other chemical or controlled substances and need treatment that the parents are not able to provide on their own. If the child does not sign up for the program or does not complete the program then the State Attorney’s Office has the option to file a petition in juvenile court and set the case for an arraignment before the juvenile court judge on the 4th floor of the Tampa Courthouse.
The program is a very good option for children found to be in possession of marijuana or paraphernalia who are not clean and sober and need drug treatment or other services. If your child is unable to complete the program or is rejected or terminated from the program for whatever reason, then contact a criminal defense attorney at Sammis Law Firm to discuss the best ways to resolve the case after a petition is filed.
Call (813) 250-0500 to discuss your case today.
Eligibility for the Marijuana / Paraphernalia Program
To be eligible, the juvenile must be under the age of 18 years old and accept responsibility for his or her behavior. The parent or guardian must also consent to participation in the DAC program.
The requirements of the DAC program including:
- The parent or guardian must contact the Juvenile Diversion Program on the day of the incident to register the juvenile for the program or by 9:00 a.m. the next business day if the incident occurs after 5:00 p.m.
- The parent or guardian must bring the juvenile to the Juvenile Diversion Program located at 700 East Twiggs, #810, Tampa, FL 33602 by 5:00 p.m. on the next business day following the offense. Please bring the form with you.
- The juvenile’s DAC program requirements will be determined during the initial interview.
- If your child completes al of the requirements, your child will be successfully completed from the DAC program.
- If your child does not complete the requirements, then the case will be referred to the State Attorney’s Office for prosecution consideration.
The form also tells the parent that they may contact the Public Defender’s Office for information on legal rights and provides two phone numbers for this purpose.
If the case involves the Hillsborough County Sheriff’s Office, the arresting officer will also make an investigation cost calculation based on the number of officers at the scene, the time spent by each officer and an hourly rate (which is usually set at $24.85) an hour.
Pros and Cons of Entering Diversion Program in Drug Court
The pros of entering a diversion program in drug court is that the juvenile can avoid the traditional type of criminal record if the program is successfully completed.
The cons or downsides of enters a diversion in drug court include:
- These programs might provide more services then the child really needs especially if the child is clean and sober or the parents already have the child in a private counseling program.
- The parent authorize the court to impose any of the enumerated sanction upon the child for noncompliance with the agreement which can include increased a secured residential facility or residential treatment which effectively removes the child from the home (although that is the harshest punishment), drug testing, increased court appearance, increased participate in group counseling or outpatient individual counseling.
- The child might be asked to sign a form that waives their right to counsel.
- The program groups troubled children together.
- Some children are not eligible because of a prior delinquency record.
- The child must waive all rights pertaining to confidentiality and use of the Child’s school records by the Court and treatment programs.
- The child must waive their right to a speed trial.
- The child could be required to participate in various community service programs or required to attend AA / NA meetings.
- The child could be found in contempt of court for a violation of the agreement.
- The court could withhold issuance of, or suspension of, driver’s license or driving privilege and this notation might remain on the child’s driving record long after the case is resolved.
The Role of an Attorney in Drug Court
The program is offered to children to address substance abuse programs. The role of an attorney in drug court is very limited. The criminal defense attorney’s involvement is to explain the pros and cons of entering the program, to help the parents and child find other private services that might be needed, and to ensure that the constitutional rights of the child are protected.
If there are legal defenses available to the child, those legal defenses are not argued in drug court. Instead, the child would decide not to enter the diversion program and to fight the case in a regular division of juvenile court if the child decides that is in his or her best interest.
Juvenile Drug Court DAC Contract and Agreement
Many parents don’t know what to expect. An administrative order explains the contract and agreement that the parent and child will be asked to sign. We have listed the terms of that standard contract below, although the terms of your contract drafted by the State Attorney’s Office and drug court administrators may be different.
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR
HILLSBOROUGH COUNTY, STATE OF FLORIDA JUVENILE DIVISION
A CHILD CITATION #: DIVISION: E
JUVENILE DRUG COURT DELINQUENT ACT CITATION CONTRACT AND AGREEMENT
By signing below, ________________________________, the Child (age) _________ and ___________________________________________, Parent/Guardian, acknowledge that they have read this contract, understand its contents and agree to its terms.
I am agreeing pursuant to this Contract and Agreement and the terms of that agreement are as follows:
1. I will comply with all terms and conditions of the “Juvenile Drug Court Delinquent Act Citation Agreement” to enter into and successfully complete the Juvenile Drug Court Delinquent Act Citation Program (“DACP”). By virtue of entering into the Agreement, I acknowledge and agree that certain enumerated sanctions may be imposed for noncompliance. The Judge has the authority to determine which enumerated sanctions or treatment options or both are appropriate and to impose sanctions or treatment or both at the Judge’s sole discretion. Noncompliance by the Child does not void the Agreement. Successful completion of the Agreement entitles the Child to have satisfied the terms of the DACP and therefore no petition will be filed by the State of Florida. Failure to successfully complete the DACP will subject the Child to having a petition being filed by the State of Florida pursuant to applicable law and the Juvenile Rules of Procedure. The Judge has the sole authority to determine successful completion of the DACP. The Agreement is attached hereto and incorporated by reference into this contract.
I thoroughly understand the contract to which I am agreeing.
I understand that the Judge can ask me questions about this case, and that I must answer truthfully under penalty of perjury.
I agree to be completely law abiding during the terms of this agreement and will notify the courts and or my treatment provider of any new arrest or confrontation with law enforcement officials.
I certify that no one has threatened or coerced me in any way to get me to enter into this agreement. No one has promised me anything to influence me to enter into this agreement.
I certify I am not under the influence of drugs, alcohol or medications, except as noted herein: _____________________________________________________________________________.
As Parent/Guardian, I understand that a lien might be filed with the County Clerk to reimburse the services of the Public Defender (if applicable), and that I could request a hearing on the amount if a lien is, in fact, filed.
As Parent/Guardian I authorize the Judge to impose any enumerated sanction upon my child for any noncompliance with the “Juvenile Drug Court Delinquent Act Citation Agreement”.
STATEMENT OF ATTORNEY
I, as the attorney for the above Child, state that I have reviewed this agreement with my client and to the best of my knowledge and belief the Child and Parent/Guardian understand its contents.
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
HILLSBOROUGH COUNTY, FLORIDA, JUVENILE DIVISION
A CHILD CITATION #: DIVISION: E
WAIVER OF COUNSEL
I, the undersigned child, ____ years of age, understand:
(1) That a complaint of delinquency alleging the charge of: __________________has been made against me.
(2) That I have the right to a lawyer and that if I am unable to pay a lawyer and wish to have one appointed, a lawyer will be provided immediately. I understand this right to and offer of a lawyer and, being aware of the effect of this waiver, I knowingly, intelligently, understandingly and of my own free will now choose to and, by the signing of this waiver, do hereby waive my right to a lawyer and elect to proceed in this case without benefit of a lawyer.
DATE: __________________ CHILD: ___________________________
This waiver of counsel was signed in the presence of the undersigned witnesses who, by their signature, attest to its voluntary execution by this child.
STATEMENT OF PARENT OR RESPONSIBLE ADULT
This waiver of counsel was read by me and explained fully to this child in my presence. I understand the right of this child to an attorney and as the ___________________ of this child, I consent to a waiver of this right.
DATE: ____________________ PARENT/GUARDIAN _______________________________
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
HILLSBOROUGH COUNTY, FLORIDA JUVENILE DIVISION
IN RE: CITATION #:
A CHILD DIVISION: E
ORDER RATIFYING AGREEMENT
THIS CAUSE came before this Court on _______________________, upon an Agreement entered into by the parties to this cause. The Court has considered the Agreement, has reviewed the file, and is otherwise fully advised in the premises. It is therefore,
ORDERED AND ADJUDGED that:
1. The Agreement entered into on ____________ regarding the above-styled case is incorporated into this Order as if fully set forth herein and is hereby ratified and approved in all respects.
2. The parties are ordered to immediately comply with the Agreement until further order of the Court.
3. Failure to comply with the Agreement shall be cause for sanctions as detailed in the Agreement.
4. The Court reserves jurisdiction over the parties and subject matter in this cause to enforce the provisions of the Agreement.
DONE AND ORDERED in Tampa, Hillsborough County, State of Florida, this __ day of _______________, 2016.
________________________________________ Denise A. Pomponio, Circuit Court Judge
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
HILLSBOROUGH COUNTY, FLORIDA, JUVENILE DIVISION
A CHILD CITATION #:
THIS AGREEMENT is entered into this day, by and between the following persons: The child, ___________________the Child’s Parent/Guardian, _______________________, the Child’s Attorney, and Mark Ober, State Attorney for the Thirteenth Judicial Circuit of Florida, by and through the undersigned Assistant State Attorney. The parties hereto agree that:
1.The Child has been issued a citation for, _ ____ __, ____ __, _________, ________ _____ Florida Statutes.
2. The Child meets the criteria and is qualified for admission to the Delinquent Act Citation Program (hereinafter “DACP”).
It is in the Child’s best interest to enter into this Agreement.
The Child shall participate in the DACP until successful completion of the program requirements has been fulfilled or the child is otherwise terminated from the program. The DACP includes a period of active supervision, the length of which shall be determined by the Court.
5. The Child, in consideration for acceptance into the DACP, waives the right to speedy trial as provided by law.
6. The Child shall inform his/her Case Manager, Treatment Provider and/or Juvenile Drug Court Staff of his/her current address and telephone number. The Child shall, within five (5) calendar days, report any changes of address and telephone number, employment, education or treatment activities to the Juvenile Drug Court Staff.
7. The Child shall appear in court when ordered by the Judge and upon proper notification at his/her last known address. Should the child fail to appear for court or a scheduled office appointment, or in otherwise fails to comply with any terms and conditions of this agreement, or any order of the Court, it shall constitute a violation of this Agreement and may subject the Child to sanctions for contempt of Court. At the discretion of the Court, sanctions may include, but are not limited to:
a) writing a paper
c) increased drug testing
d) increased court appearances
e) increased participation in outpatient individual
or group counseling sessions
f) increased AA/NA meetings
g) participation in various community service programs
h) repeating an earlier phase of the program
i) residential treatment
j) extending time in the program
k) withdrawal from the Program and institution of the original prosecution;
l) placement in a secure facility; or
m) alternative sanctions, such as, up to 50 (fifty) hours of community-service
n) withholding issuance of, or suspension of, driver’s license
or driving privilege.
If the Child is charged with contempt of Court, a hearing on the contempt will be held within a reasonable time. The Child may purge the contempt at the discretion of the court.
The Child warrants that he/she has no prior delinquency record.
The Child shall be completely law-abiding during the term of this Agreement.
The Child shall submit to a physical, mental health, neurological, psychological or psychiatric examination upon consent of the parent, or upon Court order or stipulation of the parties and shall attend and comply with any recommended counseling or treatment.
11. The Child shall not possess, purchase, manufacture or use any mind altering substances (including alcohol and Spice), illegal drugs or dangerous substances unless prescribed by a physician. The defendant shall not willfully visit places or be in the presence of person(s) where any of the aforementioned are unlawfully sold, dispensed or used.
12. This Agreement shall in no manner operate as a contract for immunity from filing of a petition by the State of Florida, and, should the Child fail to meet the terms of the Agreement, the Agreement may be deemed void, at the discretion of the Court and criminal charges may then be filed.
13. The Child shall attend school or work regularly at a lawful occupation. If attending school, the Child shall maintain required attendance, shall submit copies of school report cards and shall submit school progress reports upon request from Program Staff within five (5) school days.
14. The Child shall waive all rights pertaining to confidentiality and use of the Child’s school records by the Court. The Child shall waive all rights pertaining to confidentiality and use of treatment program records.
15. The Child shall truthfully answer all inquiries and shall follow all lawful instructions of his/her Parent/Guardian, Treatment Provider and/or Juvenile Drug Court Staff. The Child and Parent/Guardian hereby grants permission for the Juvenile Drug Court Staff to visit the Child’s home, place of employment, school, or other location for the purpose of providing adequate supervision for the Court. The Juvenile Drug Court Staff has the right to contact the Child’s employer to verify employment.
The Child agrees to the following special conditions:
To enter, participate in and successfully complete the DACP consisting of evaluation(s), counseling, and multiple monitored random urine screens. To pay for services provided by the treatment agency staff, based upon a program description and a fee schedule. The treatment agency will not be responsible for filing insurance claims. Fees will be assessed based upon a sliding fee scale.
To NOT own, possess, or attempt to purchase a firearm or weapon while participating in the Program.
To make full restitution, as directed by the Court.
To participate in programs for evaluation and/or treatment as are established for him/her under the supervision of the Court and abide by all rules and regulations set forth by such programs.
To first procure the consent of the Program/Court before leaving the County of Hillsborough, Tampa, Florida.
The Parent/Guardian agrees to the following special conditions:
a) To ensure the Child complies with all conditions of this agreement and any orders of the court.
b) To assist the Case Manager and/or Juvenile Drug Court Program Staff with all lawful requests for information including, but not limited to medical, mental, educational, substance abuse and/or family history/documentation.
c) A breach of this Agreement by the Parent/Guardian may be sanctioned by the court as it deems appropriate including contempt powers of the court.
18. Other: The Juvenile Drug Court program is a diversionary program offered to the Child to address substance abuse problems. The Office of the Public Defender is committed to this program and is an active participant. The purpose of the Public Defender’s involvement is to ensure that the constitutional rights of the child are protected. There may be legal defenses available to the child, however, those issues are not argued in this Court. This program is to assist the child to get clean and sober. The services of the Public Defender are not free. The child will be assessed a $50.00 application fee. Upon completion of the program, the Court may impose appropriate fees to cover the services rendered.
19. Mark Ober, State Attorney, Thirteenth Judicial Circuit, by and through the undersigned Assistant State Attorney, hereby warrants and agrees that, should the Child successfully fulfill the terms and conditions of this Agreement, such success to be determined by the Court, no petition will be filed by the State of Florida.
20. The decision of the Court regarding full compliance herewith shall be final.
_____________________________________ _____________________________ Child Date
_____________________________________ _____________________________ Attorney for Child Date
_____________________________________ _____________________________ Assistant State Attorney Date
I have read and understand all the conditions of this deferred filing of petition agreement, I fully understand them and I will comply with said conditions. I have been informed that I may retain private legal counsel at any time or may be screened to determine eligibility for the services of the Public Defender Office, and I fully understand the option of waiving the right to counsel. I further understand a copy of this Agreement will be furnished to me by the Juvenile Drug Court Staff upon my request.
_____________________________________ Reviewed by: Drug Court Specialist
____Stephen Miller, 272-6179
The year-long DAC Pilot Program runs from August 1, 2016 to July 31, 2017 and may be renewed thereafter.
This article was last updated on August 5, 2016.