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

In Florida, juveniles accused of crimes typically face justice in juvenile courts, which prioritize rehabilitation and offer protections not present in adult criminal courts. However, under certain circumstances, juveniles can be tried as adults, facing more severe penalties and long-term consequences. Understanding when and how a juvenile may be tried as an adult is crucial for parents and guardians navigating the justice system in Florida.

Methods of Transferring Juvenile Cases to Adult Court

Florida law identifies three primary methods through which a juvenile case can move from juvenile to adult criminal court: voluntary waiver, involuntary waiver, and direct file.

Voluntary Waiver

A voluntary waiver occurs when the juvenile, alongside their parents or guardians, requests the case be transferred to adult court. While this approach might seem beneficial to some juveniles aiming for certain procedural advantages, it typically carries severe risks, including harsher sentences and lasting criminal records.

Involuntary Waiver

The involuntary waiver happens when the prosecutor seeks to move a juvenile’s case to adult court. This waiver can be either discretionary or mandatory:

• Discretionary Waiver: Applies to juveniles aged 14 or older. Prosecutors may choose to request transfer based on the severity of the crime or the juvenile’s criminal history.
• Mandatory Waiver: This is required when juveniles aged 14 or older have prior serious felony adjudications, such as violent crimes or multiple felony convictions involving violence or firearms.

Direct File

Direct filing allows prosecutors to file charges directly in adult criminal court without first processing through juvenile court. Florida law permits direct filing primarily for juveniles aged 16 or 17 who are charged with felony offenses. For juveniles aged 14 and 15, direct filing is limited to specific serious offenses, typically violent crimes.

Consequences of Being Tried as an Adult

Juveniles tried in adult courts face significant differences compared to juvenile court proceedings. The consequences include:

• Adult Sentencing: Juveniles can face lengthy incarceration terms, sometimes up to life imprisonment, without the rehabilitative focus that juvenile courts provide.
• Permanent Criminal Records: Unlike juvenile records, adult convictions remain permanently visible, affecting employment opportunities, education access, and housing eligibility in the future.
• Adult Prisons: Juveniles sentenced as adults serve time in adult correctional facilities, where they are often at higher risk of harm and lack access to age-appropriate rehabilitation programs.

Defense Strategies for Juveniles Facing Adult Charges

Strong and strategic legal representation is essential for juveniles facing potential transfer to adult court. Effective defense strategies might include:

• Challenging evidence or procedural issues that led to the request for transfer to adult court.
• Highlighting mitigating factors like the juvenile’s age, lack of prior criminal history, mental health, and potential for rehabilitation.
• Negotiating plea bargains to lesser charges that may remain within juvenile jurisdiction or lead to reduced sentencing.

Contact Experienced Juvenile Defense Attorneys in Tampa

Facing the possibility of adult criminal charges is daunting for any juvenile and their family. Brunvand & Wise Law Group in Tampa, Florida, provides comprehensive and aggressive representation to defend juveniles against serious criminal charges. Our experienced attorneys understand the complexities of juvenile law and fight diligently to protect your child’s future.

If your child is facing serious criminal charges, contact Brunvand & Wise Law Group today for expert legal counsel and guidance. Let us help navigate this challenging legal process and pursue the best possible outcome for your family.