What are the criteria for transferring a juvenile from juvenile court to adult court?

In the state of Florida, juveniles may be transferred from juvenile court to adult court in certain circumstances. The criteria for transferring a juvenile to adult court relies on a combination of factors to determine whether a juvenile is more likely to benefit from the rehabilitative and restorative services of the juvenile justice system, or if the public’s safety would be better ensured by adult court proceedings. To begin with, a prosecutor must file a motion to transfer a juvenile case to adult court. This motion will be examined by a hearing judge who will evaluate the juvenile’s age, prior delinquency record, sophistication, and the nature of the current alleged offense. If the judge finds that the juvenile poses a serious threat to public safety, the case may be transferred. In addition, serious offenses such as murder, burglary of an occupied dwelling, sexual battery, and armed robbery are automatically referred to adult court, regardless of the juvenile’s age or prior record. The hearing judge must then determine whether the juvenile is competent to stand trial as an adult. In all transfer cases, the hearing judge has the ultimate authority to decide if the case will remain in juvenile court or be transferred to adult court for prosecution. This decision will take into account the juvenile’s age, prior record, and the seriousness of the offense. If the judge transfers the case to adult court, the juvenile will receive the same sentencing process as any adult defendant.

What are the criteria for transferring a juvenile from juvenile court to adult court?

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