Yes, but only under specific circumstances. In Florida, prosecutors can move certain juvenile drug cases from juvenile court to adult criminal court through a process called "direct filing." This usually happens when the charges are serious or involve circumstances that suggest more than just a teenager making a poor choice.
These cases can be particularly concerning because direct filing does not require a judge’s approval. The prosecutor can decide to move the case to adult criminal court on their own. The minor will not have a hearing to explain their side of the story or present factors that might work in their favor.
Age plays a critical role in direct filing
A child's age plays a significant role in whether prosecutors can use direct filing for drug charges. For defendants ages 16 to 17, prosecutors can direct file most felony drug offenses. This includes manufacturing, distribution, trafficking and felony possession charges.
For 14- and 15-year-olds, prosecutors cannot use direct filing for standalone drug charges. They can only use direct filing if the drug offense involves other specific criminal charges, such as possessing or using a weapon during the alleged drug offense.
What other factors can lead to a direct filing?
Prosecutors may use certain factors to justify pushing for adult sanctions, such as:
- Large amounts of drugs, which suggest selling or distributing
- Evidence that the child manufactured or dealt controlled substances
- Drug offense occurred near schools, parks, daycare centers or colleges (within 1,000 feet)
They may also look at whether the child has a history of prior offenses, as well as the type of drug involved. Some controlled substances carry harsher penalties.
The stakes change in adult criminal court
Juvenile court focuses on fixing the problem. Sentencing often focuses on treatment, counseling and the chance to seal records.
Adult criminal court focuses on punishment. Certain drug convictions require prison time. If convicted, the child will have a permanent record that shows up when they apply for state financial aid, jobs or professional licenses in fields such as nursing, teaching or law.
Moreover, once a judge convicts a child as an adult, Florida courts will treat them as an adult for any future charges, even for minor offenses.
One charge doesn't mean one outcome
One mistake doesn't have to limit your child's future. If your child is facing serious drug charges, you have options. It’s important to understand how Florida's juvenile and adult court systems operate. Getting guidance from an attorney familiar with both systems can help you know what to expect and how to move forward.
