Can Your Child Be Treated as an Adult?

When a juvenile is arrested he is automatically placed in the juvenile court system. He is taken to the juvenile detention center and his case is scheduled before a judge assigned to sit on the juvenile court division of the circuit court. However, depending upon your child's age, the severity of the crime, and his or her arrest history, the State of Florida is authorized to treat that child as an adult. There are two procedures by which your child could be treated as an adult. Again, depending upon the severity of the crime, the age of your child and the arrest history of your child the State Attorney's Office may file directly a charging document in the adult division of the circuit court and your child will be transferred to that division. Otherwise, the State Attorney's Office can petition the juvenile judge to transfer the case to the adult division of the criminal court based on the factors outlined above and other factors which may make it less desirable for your child to remain within the juvenile court system. Regardless of which method is used by the government to move your child's case away from juvenile court, once your child is being treated as an adult for purposes of the criminal court system, he will be treated as an adult for all purposes.

Your child, if in custody, will be removed from the juvenile detention center and will be transferred to the local county jail. Your child will be scheduled to go to court in front of a judge presiding over the adult criminal division of the circuit court and the case will be treated in all respects as though your child were an adult including, if appropriate, placement in the state prison if convicted.

Contact a Criminal Attorney in Orlando

Because of the serious potential of your child being treated as an adult, it is very important that you discuss that possibility with an attorney before the matter goes to court. An attorney may be successful in bringing to the Court or the State Attorney's attention those factors that may make it inappropriate to move the case out of juvenile court. Therefore, if you have any questions about this area, it is strongly suggested that you contact a Criminal Attorney in Orlando familiar with juvenile court procedures.