You get a call from school. Your son was pulled out of class, a detective talked to him for an hour, and he “explained everything.” Nobody called you first. Your first thought is that none of it can count, because you were not there.
It is a fair thought. Florida law does not give that simple an answer. Whether your child’s words can be used depends on how the questioning happened, what your child understood and what your child said and asked for along the way.
Notifying a parent is not the same as needing a parent’s permission
Florida Statute 985.101(3) requires the person who takes a child into custody to try to notify a parent, guardian or legal custodian. That is an important duty. It is not a rule that police need a parent’s permission, or a parent in the room, before they talk to a child.
Florida’s First District Court of Appeal made this clear in J.H. v. State, decided August 17, 2022. The court held that a parent’s absence during questioning does not automatically make a juvenile’s waiver of rights involuntary, and noted that there is no constitutional requirement that officers notify a juvenile’s parents before questioning. The court looked at the totality of the circumstances, including the child’s age, education and prior experience with the justice system. It also pointed out that the child never asked for his mother during the interview.
That last detail is worth teaching your child. Asking for a parent, and asking for a lawyer, can matter.
Custody is the first big question
Miranda warnings generally apply to custodial interrogation. A conversation does not become custodial only when an officer says “you’re under arrest.” The setting, the restrictions and whether a reasonable person would feel free to end the conversation and leave all matter.
For children, age is part of that analysis. In J.D.B. v. North Carolina, 564 U.S. 261 (2011), the United States Supreme Court held that a child’s age, when the officer knew it or it was objectively apparent, belongs in the custody analysis. That case began with a 13-year-old questioned at school. It does not make every school conversation custodial, but it means no court can pretend a child is an adult when applying the test.
A principal’s office is not a neutral place
Ask your child exactly what happened. Who was in the room: an assistant principal, a school resource officer, a detective? Was the door closed? Was your child walked out of class? Did anyone say your child could leave or did not have to answer? Did anyone stand by the door?
These are facts for your lawyer to investigate, not a checklist that decides the case. A school discipline conversation and a police interrogation raise different issues, and how the two overlapped can matter. Save every notice, form and name. Ask your lawyer to request recordings quickly. Avoid questioning your child over and over at home. Repeated retelling can blur what your child remembers with what your child later heard from others.
A signature on a form does not end the review
Many children sign a rights form without understanding it. A lawyer will look at how the rights were explained, what your child actually understood and the circumstances around the decision to talk. Age, education, language, reading level and how the interview was conducted can all matter.
Tell the lawyer about an individualized education plan, a learning disability, an interpreter need, medication, exhaustion or a relevant diagnosis, and provide records when asked. A diagnosis does not automatically defeat a waiver. A real comprehension problem should never be brushed aside either.
The words your child should know by heart
Tell your child this today, before anything happens: “I want to remain silent. I want a lawyer. I want my parents.” Clear words work. “Do you think I need a lawyer?” invites an argument later about what was actually requested.
Your child should never lie, run, resist physically, destroy evidence or disobey a lawful order. Your child can be polite and still say nothing about the accusation. You can tell officers your child needs a lawyer, but do not assume your request replaces your child’s own words in every situation.
If your child already talked
Do not panic, and do not assume the defense is over. Write down the sequence of events while memories are fresh. Save any messages about the interview or about notifying the family. Tell the lawyer whether your child asked for you, asked for a lawyer, seemed confused or was told what cooperating would mean.
Do not send a “corrected” statement on your own. Adding details without knowing exactly what was already said can create new problems. A lawyer can compare the recording, the report and the warnings and decide whether there is a legal basis to challenge the statement.
Your child’s lawyer works for your child
Florida Statute 985.033 gives a child the right to counsel at every stage of delinquency proceedings. You are essential to the defense, but the client is your child, and some conversations will need to be private. Ask how you can help without weakening that protection.
Lawyers who have seen these interviews from the bench and the defense table
A challenge to a child’s statement turns on the details of the interview. Stephen Millan, Esq. is a former Miami-Dade Circuit Court Judge who presided over hundreds of criminal and juvenile cases, and a former Miami-Dade Assistant State Attorney. Arthur Spiegel, Esq. is a former Miami-Dade Assistant Public Defender in the juvenile and criminal divisions who has represented hundreds of juveniles in criminal cases, with more than 40 years of experience. Jorge E. Alonso, Esq. has defended the accused in Miami-Dade state and federal courts for more than 40 years, has tried more than 100 jury trials to verdict and has represented juvenile respondents in delinquency cases. Jonathan Ibáñez, Esq., a bilingual criminal defense trial lawyer and a native of South Florida, served as a volunteer Guardian ad Litem in Broward County, where he interviewed children and families and advocated for children in dependency proceedings. Albert Quirantes, Esq. is a criminal trial lawyer with 38 years of experience who has defended numerous juvenile cases in Miami-Dade County. Learn more on our attorneys page and our Miami juvenile defense page.
If the questioning led to an arrest, our article on the first 24 hours at the Juvenile Assessment Center explains what comes next, and our article on arrests at school covers the school discipline side.
For more information or help, schedule a free strategy session at the law offices of Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers. Text or call 305-644-1800 now.
