Frequently Asked Questions about Juvenile Law:
Juvenile Law FAQs
Today, juveniles are more likely than ever to encounter legal issues in school and during their leisure hours. Too often minors have no idea how to react when school officials or police suspect a violation of the law and/or initiate a search or questioning. As a parent, it is important to discuss your child’s rights under the law. The following questions can help you discuss juvenile law issues with your child.
- Who is considered a juvenile?
- Can teachers or other school officials search me, or my belongings?
- Do I have the right to have my parents present before a school official, teacher or counselor question me about a potential violation of the law?
- Can school officials lie to me and tell me nothing will happen to me if I make a statement, and later use my statement against me to suspend, or expel me, or have me arrested?
- If the police stop me or detain me, do I have to talk to them?
- If the police stop me, are they allowed to search me, or my belongings?
- Am I entitled to have Miranda rights read to me before I am questioned?
- Am I allowed to refuse to talk to the police unless I have an attorney present?
- If the police detain me temporarily, are they allowed to take my photograph?
- What if I am a minor in trouble with the law, but am not a citizen, and I am either in the United States legally or illegally; how will I be treated?
Who is considered a juvenile?
Anyone, under the age of 18 is considered a Juvenile.
Can teachers or other school officials search me, or my belongings?
Generally, search and seizure laws that apply to police do not apply teachers or other school officials. But, your locker, personal items, pockets, and car, for example, could be subject to search. You should not consent to the search. Be polite and clear about it. You may not physically resist, but you can say, "I do not consent." and refuse to sign anything you do not understand before consulting your parents and your lawyer.
Shouldn’t my parents be present before a school official, teacher, or counselor question me about a potential violation of the law?
Yes. Before anyone questions you about a potential violation of the law, you have the right to have your parents and a lawyer present.
Can school officials lie to me and tell me nothing will happen to me if I make a statement, and later use my statement against me to suspend, or expel me, or have me arrested?
Yes. Just as the police can lawfully lie to you, school officials can also lie to get you to make incriminating statements. That is why it is important to ask to have your parents and their attorney present when you are questioned.
If the police stop me or detain me, do I have to talk to them?
Other than giving the police your name, address, and date of birth, you do not have say anything further. When questioned, you should ask for an opportunity to consult an attorney. Do not allow yourself to be tricked or promised into giving up that right.
If the police stop me, are they allowed to search me, or my belongings?
Whether the police have a right to search you or not depends on the applicable state and federal laws. The important thing is not to consent to a police search. You cannot physically resist the police, however, you can respectfully say, "I do not consent to your search." and ask for an attorney.
Am I entitled to have Miranda rights read to me before I am questioned?
Yes, a minor is entitled to have his Miranda rights read to them, the same as an adult. If your are under suspicion of committing a crime, and the police detain you—which means, you don’t feel you are free to leave—before you are questioned, they must inform you of your Miranda rights. So, listen carefully to your rights and use them.
Ask to speak to an attorney
Do not answer any questions until you have spoken to one.
If something you say taken as a statement and violates your right to remain silent and speak to an attorney, it can be excluded from being used against you in court.
Am I allowed to refuse to talk to the police unless I have an attorney present?
Yes. One of the protections of your Miranda rights is that you are not required to make any statement unless you have an attorney present. You and your attorney will decide together if it is in your best interest to speak or to remain silent.
If the police detain me temporarily, are they allowed to take my photograph?
As a juvenile, unless you have been lawfully arrested or detained, police are not permitted to take photographs of you. You should not physically resist, but, you should let them know that you do not consent to being photographed (or recorded on video). If your picture/image is used later and was not lawfully obtained, you may be able keep the photo from being used during a legal proceeding.
What if I am a minor in trouble with the law, but am not a citizen, and I am either in the United States legally or illegally; how will I be treated?
If you are a minor, you will be treated as a juvenile in court unless the State Attorney transfers your case to an adult court. Non-citizens, illegal and legal immigrants are entitled to the same due process rights as citizens and may face the same punishments as a citizen.
When you need legal advice and guidance, concerning a juvenile law matter in Florida, call our team of legal professionals at Albert M. Quirantes and Associates at (305) 644-1800, or nationwide call 1-800-333-LEGAL to set up a free, no obligation consultation. Or click here to contact our law firm.
Preguntas frecuentes acerca del derecho de menores en Español
