In Florida, a juvenile can face adult charges under certain circumstances. This decision carries serious consequences, as it could mean adult penalties for their alleged crime. It’s important to understand when this happens and the process behind it to protect both the juvenile and their family.
When can a juvenile be tried as an adult?
A juvenile can face adult charges if they are 16 or older and accused of committing a serious crime, such as murder, robbery, or sexual assault. The decision to transfer the case from juvenile court to adult court is not automatic. A legal process called a “waiver” must occur first.
The judge considers factors such as the nature of the crime, the juvenile’s past record, and the likelihood of rehabilitation before making a decision.
How does the waiver process work?
The court holds a hearing where both the defense and the prosecution present their arguments to determine whether to waive the case to adult court. The judge evaluates whether the juvenile is mature enough to stand trial in an adult court and if they can benefit from the juvenile system. The seriousness of the crime and the juvenile’s criminal history play an important role in the judge’s decision.
What are the consequences of being tried as an adult?
If the court decides to try the juvenile as an adult, the consequences can be severe. The juvenile may face adult sentencing guidelines, including lengthy prison terms. In some cases, the court may place the juvenile in an adult prison, exposing them to a more dangerous environment and older offenders.
However, even in adult court, the judge may still consider the juvenile’s age when determining the sentence.
Understanding these factors is essential if you or someone you know faces serious criminal charges as a juvenile in Florida.