For parents, nothing is more frightening than learning that their child has been arrested. In Florida, the stakes can be even higher because minors accused of serious crimes can sometimes be prosecuted as adults. This process—often referred to as direct file or juvenile transfer—can profoundly impact a young person’s life.
At the Law Offices of Anthony G. Ryan, we represent juveniles and their families in Sarasota who are facing the possibility of being tried in adult court. Attorney Anthony G. Ryan is a Florida Bar Board Certified Criminal Trial Lawyer with over 20 years of experience in criminal defense, including juvenile cases. Understanding how and why teens may be tried as adults is essential for protecting their future.
When Can a Juvenile Be Tried as an Adult in Florida?
Florida law gives prosecutors significant discretion to transfer juveniles into adult court. This can happen in two main ways:
- Judicial Waiver: A judge decides to move the case to adult court after a hearing.
- Direct File: The State Attorney’s Office files charges directly in adult court without judicial review.
The decision often depends on the child’s age, the nature of the offense, and the child’s prior record.
Types of Crimes That May Lead to Adult Charges
Not every juvenile offense qualifies for adult prosecution. However, serious or violent felonies frequently do. These include:
- Armed robbery
- Sexual battery
- Aggravated assault or aggravated battery
- Homicide
- Drug trafficking
- Burglary involving weapons or injury
In some cases, even non-violent felonies can be transferred to adult court if the prosecutor believes the juvenile system cannot adequately address the offense.
Why Prosecutors Push for Adult Court
Prosecutors may argue that adult court is necessary when:
- The alleged crime involved violence or a deadly weapon.
- The juvenile has a history of prior offenses.
- The state believes the juvenile system’s rehabilitative programs are insufficient.
- The public needs to be “protected” through harsher punishment.
Unfortunately, this process often overlooks the developmental differences between teenagers and adults.
The Consequences of Adult Court for Juveniles
Being tried as an adult has serious and lasting consequences:
- Adult Sentencing: Teens may face the same prison terms as adults, including lengthy sentences.
- Permanent Criminal Record: Adult convictions cannot be sealed or expunged like many juvenile records.
- Exposure to Adult Prisons: Youth placed in adult facilities face higher risks of violence and abuse.
- Fewer Rehabilitation Options: Juvenile courts focus more on treatment and rehabilitation, while adult courts emphasize punishment.
A juvenile’s future—including education, employment, and housing—can be severely limited by an adult conviction.
Defenses and Strategies in Juvenile Transfer Cases
The first step when facing the possibility of adult prosecution is to retain experienced legal counsel immediately. Defense strategies may include:
- Challenging the transfer: Arguing that the case should remain in juvenile court.
- Highlighting mitigating factors: Such as lack of prior offenses, strong family support, or school records.
- Negotiating charges: Working with prosecutors to seek reduced or amended charges.
- Building a rehabilitation-focused defense: Demonstrating that the juvenile system provides appropriate services.
Attorney Anthony G. Ryan has successfully fought to keep minors in the juvenile system, where they have access to programs focused on rehabilitation rather than punishment.
Why Early Legal Representation Matters
The decision to prosecute a juvenile as an adult is often made quickly after arrest. Families in Sarasota must act fast to give their child the best chance at staying in the juvenile system. An attorney who understands both juvenile and adult criminal law can make a critical difference.
Contact the Law Offices of Anthony G. Ryan
If your child has been arrested and is at risk of being charged as an adult, don’t wait. The earlier you act, the stronger your defense can be. Contact the Law Offices of Anthony G. Ryan today for a confidential consultation. Attorney Ryan will explain the options, fight for your child’s rights, and work to protect their future.
