When are Juveniles Tried as Adults in Florida?

It is a sad fact that Florida leads the country for the number of juveniles sentenced to adult prisons, even though the rate has dropped by 77 percent in the last ten years. There are many ways juveniles can be tried as adults in criminal court. When this occurs, juveniles who are convicted are also sentenced as an adult and will serve that sentence with adults.

If your child has been arrested, the first thing you should do is contact a Fort Lauderdale criminal defense lawyer. An attorney can advise on whether your child will be tried as an adult, and help protect them regardless of how their case proceeds.

Voluntary Waivers 

Juveniles who are allegedly delinquent can demand that they are tried as an adult. Parents or a guardian ad litem must join juveniles in their request. When a juvenile requests being tried as an adult, state law says that the court must approve the request. A voluntary waiver is not typically recommended because it could result in a criminal conviction, and a criminal record, that will be treated the same as an adult conviction or criminal record. A voluntary waiver will also limit the participation of family members in the case.

Involuntary Waivers

 Petitions for involuntary waivers are filed by the prosecution. An involuntary waiver can either be discretionary or mandatory. These types of waivers are exactly what they sound like. Any time a defendant is 14 years of age or older, the prosecution can petition the court for an involuntary waiver.

The prosecution is required to petition for an involuntary waiver if the defendant is at least 14 years old and meets either of the following:

• They have been previously adjudicated for specific offenses that would be classified as felonies and the juvenile is charged with a subsequent offense involving a violent crime against a person, or
• The allegation is a fourth or subsequent felony offense and the defendant has been previously found to have attempted, committed, or conspired to commit three offenses that, if committed by an adult, would be classified as a felony.

Direct File

 The waivers listed above can transfer a case filed in juvenile court to adult court. However, not all cases are filed in juvenile court, even when they involve a juvenile. The prosecution can choose to directly file a case in adult court in two situations.

If the juvenile is 14 or 15 years old, the prosecution may directly file in adult court if:

• The offense is a specific serious offense, such as sexual battery, robbery, kidnapping, aggravated assault, and more.
• The prosecution believes adult sanctions are in the public interest.

The prosecution can also directly file in adult court if the juvenile is 16 or 17 years old, the offense is considered a felony in adult court, and the juvenile has at least two previous juvenile adjudications and one or more of them would be classified as felonies in adult court.

Our Criminal Defense Lawyers in Fort Lauderdale Can Protect Your Family 

If your child has been charged with an offense, you need legal help right away. At Haber Blank, LLP, our Fort Lauderdale criminal defense lawyers can help your child’s case stay in the juvenile system and prepare a defense that will protect their future. Call us now at 954-767-0300 or chat with us online to schedule a consultation and to learn more about how we can help.

Source:

childrensdefense.org/wp-content/uploads/2023/08/SOAC-2023-Tables.pdf