FAQ's About Juvenile Law

Juveniles today 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 initiate a search or questioning. As a parent of a juvenile, it is important to discuss his rights under the law. The following questions can help prepare your minor child with common juvenile law issues.

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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?

1. Who is considered a juvenile?

Juveniles are defined as minors, under the age of 18, as opposed to adults.

2. Can teachers or other school officials search me, or my belongings?

Generally, search and seizure laws applicable to police do not apply teachers and other school officials. However, your locker, personal items, pockets and car, for example, could be subject to search. Do not consent to the search. While you cannot physically resist, you can say, "I do not consent."

3. 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?

Yes. Before anyone questions you about a potential violation of the law, you are entitled to have your parents present before you are questioned.

4. 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.

5. 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.

6. 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 law of your state and of the federal law. The important thing is not to consent to allow the police to search you. You cannot physically resist the police, however, you can say, "I do not consent to your search."

7. 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 criminal offense, and the police detain you, which means, you don’t feel you are free to leave, the police are required to inform you of your Miranda rights before questioning you.

8. 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.

9. 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, do not consent to having your photograph taken. If your photograph is used later to implicate you and was not lawfully obtained, you may be able to suppress the improper use of your photo, during a legal proceeding.

10. 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. 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 including, but not limited to the towns of Longwood, Altamonte Springs, Casselberry, Apopka, Oviedo and Sanford, Florida, call attorney, Shanna Rose at 407-712-7661 to learn how she can help you.