Today, Nieves told ABC News that Sheriff Demings made his decision last year "based on the totality of the circumstances," and now that "McFarlane finds himself in the middle of a criminal investigation the sheriff is certain that Lake County justice will prevail."
McFarlane told ABC's "Good Morning America" last June that he was "just trying to help."
If he had it to do all over again, Edwin said at the time that he would still help the little girl, but maybe alert an adult and "ask for help" next time.
Because McFarlane is a juvenile, he is entitled to a trial within 90 days and can only be detained for 21 days because of state law, according to the Orlando Sentinel.
A court date for McFarlane was not immediately known, and messages left for his attorney, Natalie Jackson, were not returned.
ABC News' Lee Ferran contributed to this report.