For more than 50 years, many Florida criminal defendants have faced a jury of six people, not the 12 jurors many Americans expect in a jury trial. Now, that jury trial procedure faces a major constitutional challenge before the U.S. Supreme Court.
In June 2026, the Supreme Court agreed to hear Kian v. Florida, a case asking whether a defendant charged with a serious felony has a right to a trial before 12 jurors. The Court has not ruled yet, but Florida defense attorneys are already taking action.
At The AP Law Group, attorneys Tania Alavi and Andrew Pozzuto know that effective criminal defense is not just about answering charges. It also means following new constitutional law, thinking about how those changes may affect clients, and raising the right legal challenges when needed to protect constitutional rights.
For people facing criminal charges in Ocala, Gainesville, Marion County, Alachua County, and nearby communities, the debate over jury size could become an important part of the criminal court process.
Why Does Florida Use Six-Person Criminal Juries?
Florida’s six-person jury system is not new.
Under Florida Statute § 913.10, 12 people make up a jury in capital cases, while six people make up a jury in other criminal cases.
The U.S. Supreme Court upheld Florida’s use of six-person juries in the 1970 case Williams v. Florida. For decades, that ruling has shaped Florida’s jury trial procedure.
Kian v. Florida gives the Supreme Court a chance to review that precedent.
For a criminal defense lawyer, the issue is about more than six chairs or 12 chairs in a jury box. It goes to the meaning of the Sixth Amendment and the role a jury plays in protecting a person from government power.
What Is Kian v. Florida?
Hamed Kian was convicted in Florida of five counts of practicing chiropractic medicine while his license was suspended. His case was tried before a six-person jury.
Kian challenged that procedure, arguing that a person charged with a serious felony has a constitutional right to a jury of 12 people.
On June 15, 2026, the U.S. Supreme Court granted review in Kian v. Florida.
The question before the Court is whether Kian was denied his rights under the Sixth and Fourteenth Amendments when he was tried for serious felony charges before six jurors instead of 12 jurors.
The Supreme Court has not yet said that Florida’s six-person jury system breaks the Constitution. That point matters.
Even so, the Court’s choice to review the issue has already changed how some Florida criminal cases are being handled.
Why Are Defense Attorneys Asking for 12 Jurors Now?
According to an August 27, 2026, report from The Florida Bar News, defense attorneys across Florida are filing motions asking for 12-member juries. Some prosecutors have even agreed to the larger panels out of caution.
Why act before the Supreme Court decides Kian?
One major reason is to preserve the issue for appeal.
A defense attorney has to think not only about what happens at trial, but also about what could happen later. Appellate courts often require constitutional objections to be raised before or during trial before they can be used on appeal.
Suppose a defendant goes to trial before six jurors and is convicted. If the Supreme Court later decides that a serious felony defendant was entitled to 12 jurors, whether that defendant raised the issue earlier could matter a great deal.
That is why a forward-looking criminal defense lawyer must keep a close eye on cases like Kian.
Does Having 12 Jurors Really Make a Difference?
Potentially. A jury does more than listen to witnesses and vote. Jurors bring their own life experience, views, logic, and observations into the room. A jury of 12 naturally includes twice as many people as a jury of six.
Supporters of larger juries say that 12 jurors can bring in more community views, more points of view, and more chances to test different readings of the evidence.
That can matter a lot in a criminal case.
The prosecution must prove every part of a charged crime beyond a reasonable doubt. Jurors may have to sort through conflicting testimony, police methods, forensic proof, witness credibility, expert opinions, videos, photos, or complex timelines.
Adding more voices to that process can change how evidence is studied and discussed.
The Florida Bar’s recent report highlighted a Polk County case in which a 12-member jury found a defendant not guilty of five felony counts. The defense attorney in that case said the larger jury seemed to bring a wider range of views, questions, and perspectives during deliberations.
That does not mean 12-person juries will always help defendants. It does show why jury composition is an important part of the criminal court process.
Protecting Constitutional Rights Is Central to Criminal Defense
The Sixth Amendment gives important rights to people accused of crimes, including the right to an impartial jury. Those rights exist for a reason.
When the government prosecutes someone, it brings significant power and resources into the courtroom. Police officers, investigators, prosecutors, forensic specialists, expert witnesses, and government agencies may all help build the state’s case.
The jury serves as an independent check between that government power and the accused.
At The AP Law Group, we believe protecting constitutional rights is a core part of effective criminal defense.
Attorneys Tania Alavi and Andrew Pozzuto have decades of combined legal experience in Florida and federal criminal cases. Attorney Tania Alavi also serves as President of the Florida Association of Criminal Defense Lawyers, a group focused on criminal defense advocacy and the protection of constitutional rights.
The role of a criminal defense attorney is not just to accept the government’s evidence or court rules without question. It is to review the case, look for weak points, challenge improper government conduct, preserve key legal issues, and pursue every valid defense for our clients.
How Could Kian Change Florida’s Criminal Court Process?
A Supreme Court ruling requiring 12-person juries in serious felony cases could bring a major change to Florida criminal procedure.
Thousands of cases could be affected, although which defendants might benefit would depend on what the Supreme Court finally decides and how the ruling is applied.
Questions could include:
- Which criminal offenses would require 12 jurors?
- Would the ruling apply only to future cases?
- Could defendants with cases already on appeal benefit?
- Would defendants need to have asked for a 12-member jury to preserve the issue?
- Could some convictions with six-person juries be challenged?
- How would Florida courts change the current jury trial procedure?
For now, those questions do not have clear answers. The Supreme Court must first decide Kian. But uncertainty does not mean a criminal defense lawyer should ignore the issue. In some cases, preserving the argument may be even more important.
What Should You Do If You Are Facing a Felony Charge?
If you are charged with a serious crime, talk to a criminal defense lawyer as early as you can. Every criminal case is different, and asking for 12 jurors is only one of many issues a defense attorney may need to review.
Your attorney should also look at how the investigation was handled, whether law enforcement respected your constitutional rights, whether evidence can be challenged or kept out, the credibility of witnesses, possible defenses, plea talks with prosecutors, and what will happen if the case goes to trial.
The changing jury issue should be part of that larger defense plan.
Frequently Asked Questions About 12-Member Juries in Florida
Does Florida currently use 12 jurors in criminal cases?
Florida law currently calls for 12 jurors in capital cases and six jurors in other criminal cases. Kian v. Florida challenges whether using only six jurors for a serious felony fits the Sixth and Fourteenth Amendments.
Has the Supreme Court ended Florida’s six-person juries?
No. The Supreme Court has agreed to hear Kian, but it has not yet ruled on the constitutional question. Florida’s current law has not been overturned.
Why would my criminal defense lawyer ask for 12 jurors now?
One reason may be to preserve the constitutional issue in case the Supreme Court later changes the law. Whether that motion fits your case depends on the facts.
Can a judge deny a request for a 12-member jury?
Yes. Florida judges are still following current Florida law and Supreme Court precedent. The Florida Bar News reports that many judges have denied these motions, though some requests for 12-member juries have been allowed.
What happens if the Supreme Court rules that 12 jurors are required?
That will depend on the wording and reach of the Court’s final decision. Courts would have to decide which cases are affected, whether the ruling applies to pending cases or appeals, and how Florida’s jury trial procedure must change.
Why is protecting constitutional rights important before trial?
Constitutional challenges may affect whether evidence can be used, how a case moves forward, the makeup of the jury, and what issues can later be raised on appeal. A defense attorney should spot and preserve the right constitutional arguments throughout the criminal court process.
Talk to an Ocala or Gainesville Criminal Defense Lawyer
Criminal law does not stand still. Court rulings can change how investigations are done, how evidence is admitted, how trials move ahead, and even how many people sit on a criminal jury.
At The AP Law Group, we closely follow changes that could affect the people we represent. Our attorneys know that protecting constitutional rights sometimes means challenging old procedures and preserving arguments before the law changes. Whether your case involves a misdemeanor, felony, or federal charge, we approach the defense with the understanding that your freedom, name, and future may be at stake.
If you are facing criminal charges in Ocala, Gainesville, Marion County, Alachua County, or a nearby Florida community, contact The AP Law Group to speak with an experienced criminal defense lawyer about your case.