Florida juvenile cases generally proceed under chapter 985, but the path depends on the child’s age, alleged conduct, history, and statutory criteria. A minor is not automatically prosecuted in adult court for a serious charge.
Juvenile process and diversion
Police, the Department of Juvenile Justice, the state attorney, and the court have different roles. Depending on eligibility and local availability, a child may be referred to a civil citation, diversion, or formal delinquency process. Temporary detention is a separate decision governed by statute and assessment. Parents should obtain the paperwork and understand any hearing and release conditions.
Age matters
Under Florida’s Kaia Rolle Act, section 985.031, a child younger than seven generally may not be arrested, charged, or adjudicated delinquent for an act before age seven, with a forcible-felony exception. The original article’s blanket claim that children under 12 are not prosecuted for minor offenses was incorrect.
Adult court transfer
Chapter 985 provides separate pathways for waiver, direct filing, and indictment in specified circumstances. Section 985.557 sets discretionary direct-file criteria; the decision is not simply a judge considering seriousness and a long record. Transfer and sentencing consequences require prompt, individualized advice. Roy J. Kahn, P.A. handles Miami criminal defense matters. No outcome is guaranteed.
This is general information, not legal advice.
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