J.C.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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J.C.M., a minor, appealed his adjudication of delinquency for trespass of an occupied structure, challenging the imposition of an attorney's lien and costs imposed at disposition. The court affirmed the adjudication and the attorney's lien and costs, finding the trial court's bifurcated disposition procedure complied with statutory requirements to inform the minor and parents of fees and their right to contest them.
The trial court's bifurcated disposition procedure complied with the statutory obligations under sections 27.52 and 27.56, Florida Statutes, to inform the child and parents of the attorney's lien and costs and their right to contest the amount.
[1] A court may impose an attorney's lien and costs against a child or the child's parents following an adjudication of delinquency.
[2] A trial court must inform a child and their parents of an attorney's lien and costs and their right to contest the amount.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If you are adjudicated delinquent, there's a $50.00 charge required by the Legislature for the Victims Crimes Compensation Trust Fund [sic]... If you're represented by the Public Defender's Office, there is a $150.00 Public Defender Lien imposed, and that is likewise payable in six months.”
Establishes the trial court's explicit notice to the child and parents of the specific fees imposed and the payment timeline.
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Join FLexlaw to unlock all legal intelligenceJ.C.M. was detained and a delinquency petition was filed against him. An assistant public defender was appointed after finding the child and parents i…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
J.C.M. appeals his conviction for trespass of an occupied structure.1 We affirm his adjudication and the imposition of an attorney’s hen and costs to be paid by the child or the child’s parents.
J.C.M. was detained and a petition was filed against the child alleging the child had committed dehnquent acts. An assistant public defender was appointed to represent the child after the court determined that the child and the child’s parents were indigent. § 39.041(1), Fla.Stat. (1991). The child proceeded to an adjudicatory hearing and was found to have committed the dehnquent acts. The court withheld adjudication of delinquency and scheduled a disposition hearing. § 39.053(2), Fla.Stat. (1991).
At the disposition hearing, the trial judge bifurcated the proceedings. At the initial phase of the disposition hearing, the trial judge informed the child and the child’s parents of the attorney’s lien and costs that would be imposed in the case. The trial judge made the following statement to the child and to the child’s parents: THE COURT: We have a number of dis-positional hearings at this time, so I’m going to tell you briefly what’s involved in regard to that. Of course, as a case is called, everybody here on the case, the child, parents, guardians, whoever is here on that case, please come forward and stand in front of one of these microphones all along the front here so you can be recorded.
If you are adjudicated delinquent, there’s a $50.00 charge required by the Legislature for the Victims Crimes Compensation Trust Fund [sic]. I allow six months to pay that $50.00 to give you a chance to get the money to pay that.
If you’re represented by the Public Defender’s Office, there is a $150.00 Public Defender Lien imposed, and that is likewise payable in six months. I find that amount quite reasonable for the valuable services that office renders.
Now, as far as the other items here, if you want to appeal any order entered today, there’s a 80-day period of time, a Notice of Appeal must be filed in writing. You’d really need a lawyer to help you with that. So if you cannot afford a lawyer for purposes of appeal, if that’s what you want to do, then one may be appointed for you.
We’re going to go ahead and proceed, as I said earlier, and as these cases are called, the child comes forward, the parents, guardians, counselors, and everyone will have an opportunity to be heard.
During the second phase of the disposition hearing, neither the child nor the child’s parents raised an objection to the attorney’s hen or to the costs imposed. We find that the procedure of the trial court complies with the statutory obligation to inform the child and the child’s parents of the attorney’s lien and costs and their right to contest the amount. See §§ 27.52, 27.56, Fla.Stat. (1991).
AFFIRMED.
COBB, GRIFFIN and THOMPSON, JJ., concur. . § 810.08(2)(b), Fla.Stat. (1991).