Category: Juvenile Law · Statute: F.S. 985.556-985.557 · Source: Florida Legislature
Understanding Juveniles Tried as Adults (Overview) in Florida
In Florida, juveniles are typically processed through a rehabilitative juvenile justice system. However, under specific circumstances, a minor can be transferred to the adult criminal justice system to face prosecution as an adult. Under Florida Statute Section 985.556, this transfer occurs through one of three distinct legal mechanisms: a judicial waiver, where a judge determines transfer is appropriate after a formal hearing; a direct file, where the State Attorney exercises discretionary authority to file charges directly in adult court; or a grand jury indictment, which is mandatory for offenses punishable by death or life imprisonment. This process generally applies to juveniles aged 14 or older who are charged with serious felonies, such as violent crimes, armed burglary, or grand theft of a motor vehicle.
Once a juvenile is transferred to the adult system, the legal landscape changes dramatically. The proceedings are held in public adult court rather than confidential juvenile court, and the minor is no longer subject to juvenile dispositions focused on rehabilitation. Instead, they face the same statutory penalties as adults, including mandatory minimum prison sentences and a permanent adult criminal record. Although Florida law provides for "juvenile sentencing" options even after an adult conviction, the default exposure is adult incarceration, making the transfer a pivotal and high-stakes turning point in a minor's legal case.
Bail and Pretrial Release for Juveniles in Adult Court
Once a juvenile is formally charged in adult court, they lose the protections of the juvenile detention risk assessment instrument and become subject to the adult monetary bail system. Under Florida law, these juveniles are entitled to a first appearance hearing within 24 hours of arrest, where a judge determines conditions of pretrial release, including cash or surety bonds. However, because of their minor status, specialized housing requirements apply; Florida statutes generally prohibit detaining these juveniles in the general population of adult jails, requiring them to be held in juvenile facilities or strictly separated from adult inmates while awaiting trial or the posting of a bail bond.