Category: Juvenile Law · Statute: F.S. 985.557 · Source: Florida Legislature
Understanding Direct File (Juvenile) in Florida
In Florida, "direct file" is a discretionary procedure governed by Section 985.557 of the Florida Statutes, which grants the State Attorney the authority to bypass the juvenile court system entirely and prosecute a minor in adult criminal court. This process does not require a judge’s approval or a waiver hearing; the prosecutor’s decision to file an information in adult court automatically transfers the case. The statute divides direct file eligibility into mandatory and discretionary categories based on the juvenile's age and the severity of the alleged offense. For juveniles aged 14 or 15, prosecutors may direct file for a specific list of violent felonies, such as murder, sexual battery, or armed robbery. For juveniles aged 16 or 17, the discretionary authority expands to include any felony charge.
When a juvenile is subject to a direct file, they lose the rehabilitative protections of the juvenile justice system and face the same statutory penalties as an adult, including potential state prison sentences and a permanent adult criminal record. The decision to direct file is typically made during the initial 21-day detention period following the juvenile's arrest. Once the State Attorney files the adult charges, the juvenile's case is transferred to the adult circuit court, and the individual is typically moved from a juvenile detention center to an adult county jail pending trial, unless the court orders alternative housing.
Bail and Pretrial Release in Direct File Cases
Once a juvenile is direct filed into adult court, they immediately become subject to the adult criminal bond schedule and Florida's constitutional provisions regarding pretrial release. Unlike the juvenile system, which utilizes a detention risk assessment instrument (DRAI) to determine release, the direct-filed juvenile must now appear before an adult court judge for a first appearance hearing to have bond set. Because they are charged as adults, they are eligible to secure their release by posting a monetary bail bond through a licensed bail bondsman, provided the offense is bailable under Florida law.