When Can a Juvenile Be Tried as an Adult in Florida?

Unfortunately, Florida leads the nation in the number of juveniles incarcerated in adult prisons—and that’s after a 77% drop in the number of kids in prison across the previous 10 years. Florida law provides multiple paths for a juvenile to end up facing charges in adult criminal court. And, when a juvenile is charged and convicted as an adult, they are also sentenced as an adult and imprisoned with adults.

If your child has been arrested or is alleged to have been delinquent, it’s in their best interests to talk to a juvenile lawyer right away, before you do anything else. Ideally, you’ll consult a criminal defense lawyer who also has experience in Florida’s juvenile and adult criminal courts so that the attorney is prepared to protect your child no matter how the case proceeds.

Paths to Adult Criminal Court for Juveniles in Florida

At the highest level, there are three ways a juvenile defendant can end up in adult court in Florida: voluntary waiver, involuntary waiver, and direct file. Here’s a general overview of how each works and when each may be applied. Your juvenile attorney can provide more specific information about the possibilities in your case.

Voluntary Waiver

Under Florida law, a juvenile who has been alleged delinquent may demand that they be tried as an adult. The juvenile must be joined in this request by their parents or, in the absence of parents, a guardian ad litem. When the prosecution requests a discretionary waiver, the court holds a hearing to determine whether the waiver is appropriate. However, when the juvenile requests a transfer to the adult criminal court, the statute says the court “shall” transfer the case.

This is rarely in the best interests of a juvenile defendant, since transfer subjects a juvenile to adult penalties and an adult criminal record. A child in the adult court system is treated like any other criminal defendant, so transfer also limits the participation of the family in the juvenile’s case.

Involuntary Waiver

A petition for involuntary waiver is filed by the prosecution. There are two types of involuntary waivers: discretionary and mandatory. The difference is just what it sounds like. When the conditions for discretionary waiver are met, the prosecution can decide whether or not to ask the court to transfer the case to adult court. When the waiver is mandatory, the statute requires the prosecution to petition for waiver into adult court.

Discretionary Involuntary Waiver

The prosecution has the option of petitioning for transfer to adult court in any case where the accused is 14 years of age or older.

Mandatory Involuntary Waiver

The prosecution must petition for waiver into adult court if the accused juvenile is at least 14 years of age AND:

• Has previously been adjudicated delinquent for an act that would be a felony in adult court for the commission of conspiracy to commit murder, sexual battery, armed or strong-arm robbery, carjacking, home-invasion robbery, aggravated battery, aggravated assault or burglary with assault or battery AND the juvenile is charged with a second or subsequent violent crime against a person, OR
• The allegation is of a fourth or subsequent felony offense and the juvenile has previously been found to have committed, attempted, or conspired to commit three offenses that would be felonies if committed by an adult, including at least one involving the use of a firearm or violence against a person

However, the statute does provide an opportunity for a prosecutor who does not believe waiver to adult court is appropriate to submit written reasons to the court. When the prosecutor files a petition for involuntary mandatory waiver, the court must transfer the case to adult court or provide written reasons for not doing so.

Direct File in Adult Court

The three types of waivers listed above are all ways a case filed in juvenile court may be transferred to adult court. However, not every case involving a juvenile is filed in juvenile court.

The prosecution can file charges directly in the adult criminal court in two circumstances. The differing standard is based on the age of the accused. Charges may be filed directly in adult court if:

1. The child is 14 or 15 years old AND:

• The alleged offense is one of a list of specific serious crimes AND
• The prosecution believes the public interest requires that adult sanctions be considered or imposed
• The specific crimes that support direct filing under this section include arson, sexual battery, robbery, kidnapping, aggravated child abuse, aggravated assault, aggravated stalking, murder, manslaughter, aggravated battery, certain crimes involving bombs, certain types of burglary, certain weapons charges, any lewd and lascivious offense in the presence of someone under 16, carjacking, certain types of grand theft and home invasion robbery.

OR

2. The child is 16 or 17 and the prosecution believes that the public interest requires that adult sanctions be considered or imposed. Note, however, that the prosecutor can only direct file on this basis if either the allegation is a felony or the juvenile has at least two prior juvenile adjudications and at least one of them is for an offense that would have been a felony if charged in adult court.

Talk to a Juvenile Attorney in Jacksonville Today

If your child has been alleged delinquent or charges have been filed against your child in adult criminal court, you’ll want to talk to a juvenile criminal attorney right away. Defense lawyer Matthew Lufrano has dedicated his entire legal career to fighting for people who have been accused of crimes in Florida. He has extensive experience with both the juvenile justice system and the adult criminal courts. So, he is prepared to advise and guide your family through the process whether you are defending juvenile allegations, fighting transfer to adult court, or fighting criminal charges in the adult justice system.

At Lufrano Legal, P.A. we offer free consultations to make sure you have the information you and your family need to make good decisions from the beginning. You can schedule yours right now by calling (904) 512-3905 or filling out our contact form.