Juvenile Charges

Can a juvenile be charged as an adult in Florida?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Yes. Florida transfers juveniles to adult court more readily than most states, primarily through direct file by the prosecutor.

Yes, and Florida is notable for how it happens. Reporting indicates direct file — a decision by the State Attorney rather than a judge — accounts for roughly 98% of juvenile transfers to adult court.

Under § 985.557, direct file can be discretionary or mandatory depending on the child's age and the offense charged. Discretionary direct file generally applies to children 14 and older charged with specified offenses; the categories expand with age.

There are also waiver mechanisms — voluntary waiver, and discretionary or mandatory involuntary waiver — but these account for a small fraction of transfers.

What changes on transfer: adult criminal procedure applies entirely, adult sentencing exposure attaches, and the case produces an adult criminal record rather than a juvenile one. The court retains some ability to impose juvenile sanctions in certain circumstances.

Because the decision belongs to the prosecutor and is made early, the pre-filing period is where it can be influenced.

This decision is made in the first weeks, by a prosecutor, before any hearing. That's when to engage. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.