Few things are more frightening for a parent than learning their child has been arrested. In Florida, the fear can be even greater because minors charged with certain offenses can be prosecuted as adults. If your child faces serious charges, it’s essential to understand how the system works, what factors affect the decision to transfer a juvenile case to adult court, and how a strong legal defense can make all the difference.
How Juvenile Justice Works in Florida
Florida’s juvenile justice system is designed to rehabilitate rather than punish young offenders. When a minor (someone under 18) is accused of a crime, their case typically starts in juvenile court, which offers more flexible sentencing options and aims to avoid long-term incarceration whenever possible. However, Florida also has one of the most aggressive systems for transferring juvenile offenders to adult court.
Ways a Juvenile Can Be Charged as an Adult
Direct File
In Florida, prosecutors have the power to “direct file” certain juvenile cases in adult court without a hearing. Direct filing is the most common way minors are tried as adults, and it’s solely at the discretion of the State Attorney’s Office. It usually applies to minors aged 14-17 accused of specific offenses, including:
- Violent felonies (murder, robbery, sexual battery)
- Repeat felony offenses
- Firearm-related crimes
- Gang-related activities
Judicial Waiver
In a judicial waiver, the prosecutor requests a hearing where a judge decides whether the minor’s case should be moved to adult court. Factors considered include the minor’s age, criminal history, the seriousness of the offense, and the minor’s maturity and potential for rehabilitation.
Indictment
In the most serious cases, such as first-degree murder, minors can be indicted by a grand jury and automatically tried as adults.
Factors That Influence Adult Prosecution
- Age of the minor
- Nature and severity of the crime
- Prior criminal record
- Use of a firearm during the crime
- Level of premeditation or violence
- Whether the minor is seen as a threat to public safety
- Likelihood of rehabilitation within the juvenile system
Consequences of Adult Prosecution
If your child is tried and convicted as an adult, they face adult penalties, including:
- Adult prison time
- Permanent criminal record
- Loss of certain civil rights (like voting and firearm ownership)
- Difficulty obtaining employment, education, or housing in the future
In some cases, minors sentenced as adults can receive a “blended sentence,” allowing them to serve time in a juvenile facility until they turn 18, but this is not guaranteed.
Why Early Legal Intervention is Critical
The earlier you involve a knowledgeable juvenile defense attorney, the better the chances of keeping the case in juvenile court. At Reynoso Erickson Trial Law, P.A., our Miami juvenile criminal defense lawyers work aggressively to challenge direct files, negotiate with prosecutors, and argue for rehabilitative alternatives to adult sentencing.
Strategies to Keep Your Child’s Case in Juvenile Court
- Presenting evidence of your child’s academic achievements, community involvement, and positive character traits
- Demonstrating a strong support system at home
- Highlighting mental health issues that could benefit from treatment rather than incarceration
- Arguing that rehabilitation is more appropriate than punishment
- Challenging the strength of the prosecution’s evidence early
How a Juvenile Defense Attorney Can Help
Having the right defense attorney can drastically influence whether your child’s case stays in juvenile court. Our team at Reynoso Erickson will:
- Challenge direct file decisions aggressively
- Negotiate with prosecutors for diversion or alternative programs
- Build a strong defense for trial if needed
- Advocate for rehabilitation-focused outcomes rather than harsh punishment
Protect Your Child’s Future
Being tried as an adult can destroy a young person’s future before it even begins. If your child is facing serious charges, you cannot afford to wait. Contact a proven Miami juvenile criminal defense lawyer at Reynoso Erickson Trial Law, P.A. today. We’ll fight to protect your child’s freedom, future, and second chance at life.