Children in Adult Criminal Court

MELBOURNE, BREVARD COUNTY | JUVENILE DEFENSE ATTORNEYS

If your child has been arrested or is under an investigation for a crime in Melbourne, Brevard County, or anywhere in Central Florida, your best protection is to retain an aggressive and experienced juvenile crimes defense attorney at the earliest possible stage in their case.

Overview of Children in Adult Criminal Court

Florida is one of fifteen (15) states that give prosecutors the discretion to charge children as adults. Known as the “direct file law,” Florida law allows prosecutors to charge 14 and 15-year-old children in adult court for certain serious felonies, and 16 and 17-year-old children for any felony at all. The prosecutor’s decision to send a child to adult court via direct file is done without any input from the judge and cannot be appealed. However, Florida law dictates the circumstances under which a prosecutor may or must charge a child as an adult. Specifically, it determines under what circumstances prosecutors have discretion to direct file and when direct filing is mandatory.

Discretionary Direct File

Discretionary direct file occurs, with respect to a child 14 or 15-years-old at that time of the alleged offense, when the State Attorney elects to file charges in adult court. The State Attorney has the discretion to charge these children as adults if he/she determines that the public interest requires that adult sanctions be considered or imposed AND when the offense charged is for the commission of, attempt to, or conspiracy to commit the following crimes:

Arson;
Sexual battery;
Robbery;
Kidnapping;
Aggravated child abuse;
Aggravated assault;
Aggravated stalking;
Murder;
Manslaughter;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
Armed burglary;
Aggravated battery;
Any lewd or lascivious offense committed upon or in the presence of a person under 16-years-old;
Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony;
Grand theft;
Possessing or discharging any weapon or firearm on school property;
Home invasion robbery;
Carjacking; or
Grand theft or a motor vehicle or grand theft of a motor vehicle valued at $20,000 or more if the child has a previous adjudication for grand theft of a motor vehicle.

Discretionary direct file also occurs, with respect to a child who is 16 or 17-years-old at the time of the alleged offense, when the State Attorney determines that that public interest requires that adult sanctions be considered. Florida law prohibits such filing for a child charged with a misdemeanor, unless he or she had at least two (2) previous adjudications or adjudications withheld, at least one of which was a felony.

Mandatory Direct File

Under some circumstances, Florida law requires the State to charge a juvenile as an adult. Unless the prosecutor has good cause to believe that exceptional circumstances exist to preclude prosecuting the child in adult court, the State must file charges in adult court under the following circumstances:

Where the child was 16 or 17-years-old at the time of the offense, and the child has been previously adjudicated delinquent for a felony where adjudication was for the commission of, attempt to commit, or conspiracy to commit murder, sexual battery, armed or strong-armed robbery, carjacking, home-invasion robbery, aggravated battery, or aggravated assault and the child is currently charged with a second or subsequent violent crime against a person, the state attorney must file an Information (an adult charging document).
Where the child was 16 or 17-years-old at the time of an offense classified as a forcible felony, if the child was previously adjudicated delinquent or had adjudication withheld for three previous felony acts each which occurred at least forty-five (45) days apart, the state attorney must file an Information, UNLESS he or she has good cause to believe exceptional circumstances exist that preclude the just prosecution of the child in adult court.
Where the child, regardless of his/her age at the time of the offense, is alleged to have committed an act that would be a violation of the law if the child were an adult and involves stealing a motor vehicle, including but not limited to carjacking, grand theft of a motor vehicle, and where the child, while in possession of the vehicle, caused serious bodily injury or death of a person who was not involved in the underlying offense, the state attorney must file an Information.
Where the child was 16 or 17-years-old at the time of the offense, if the child was charged with committing or attempting to commit an offense listed in §775.087(2)(a)(1)(a)-(q), and during the commission or attempted commission, the child:
- Actually possessed a firearm or destructive device;
- Discharged a firearm or destructive device; or
- Discharged a firearm or destructive device, and, as a result of the discharge, death or great bodily harm was inflicted upon any person.

Direct filing is a very serious consequence of very serious crimes. Rather than being prosecuted in the juvenile system, which operates to rehabilitate children, children are forced into the adult criminal justice system, the primary goal of which is strict punishment. Without aggressive, skilled legal representation, your child could be placed in adult jail, deprived of age-appropriate programs, and subjected to life-altering sentences.

The Canina Law Firm | Juvenile Offense Attorneys

A juvenile should never go into the legal system alone. If your child has been arrested in Melbourne or anywhere in Brevard County, Florida, for a misdemeanor or felony offense. CONTACT The Canina Law Firm today for your FREE Case Evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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