Can a Minor Child under the age of eighteen be charged as an adult in adult court?
A. Yes, under Florida law, the prosecuting authority, known as the State Attorney, has discretion to file or retain a case in Juvenile Court or to transfer or “Direct File” a case to Adult Court. The decision to “Direct File” a case to Adult Court can occur when the Minor Child is as young as 14 years of age and the alleged incident involves specific offenses. The decision to prosecute as an adult in discretionary “Direct File” cases lies solely with the prosecutor. The Court cannot reverse the decision; it is non-reviewable and cannot be appealed. In some instances, Florida law mandates that a Minor Child, 16 years of age or older, be tried as an adult. The law allows for no exceptions and the Juvenile Court Judge has no authority to prevent the Minor Child from being prosecuted in Adult Court. In either event described above, the law permits the decision to prosecute the Minor Child as an adult without benefit of a judicial hearing or the ruling of a judge.
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