My Child Was Arrested in Florida: What Every Parent Needs to Know
There are few phone calls more frightening than the one telling you your child has been arrested.
In that moment, most parents feel two things at once: panic, and an overwhelming urge to fix it immediately. Both are completely understandable. But the decisions made in the first 24 hours often shape everything that follows — and the most damaging mistakes usually happen before a family ever reaches a courtroom.
Here's what you need to know.
What happens in the first 24 hours
When a child is taken into custody in Florida, they are typically transported to a Juvenile Assessment Center (JAC). There, the Florida Department of Juvenile Justice gathers background information and evaluates the case to determine whether your child should be released to a parent or held in detention.
A child may be held for up to 24 hours while awaiting an initial hearing. If your child is going to be detained, Florida law requires a detention hearing within 24 hours. At that hearing, a judge decides two things:
- Whether there is probable cause to believe your child committed the alleged offense, and
- Whether your child will be released or held in some form of detention while the case proceeds.
The intake officer is required to make a diligent effort to notify you, as the parent or custodian, of the time and place of that hearing. (Florida Courts — Juvenile Justice Process Overview)
Your child's rights do not shrink because they're a minor
This is the point families most often misunderstand.
Your child has the right to remain silent. That right does not weaken because of their age.
Your child has the right to an attorney. Also unaffected by age.
But your child must invoke those rights personally. This is the part families most often get wrong. Florida law does not give a parent the right to be present during custodial questioning — § 985.101(3) requires only that law enforcement attempt to notify a parent, and under Ramirez v. State, 739 So. 2d 568 (Fla. 1999), parental presence is one factor courts weigh in assessing whether a statement was voluntary — not a requirement.
And under Fare v. Michael C., 442 U.S. 707 (1979), a parent cannot invoke on the child's behalf. If you tell officers "my child isn't answering questions," that is not a legal invocation. It has to come from your child.
In practice, however, minors waive these rights far more frequently than adults do. Research on juvenile interrogation has consistently found that young people are more suggestible, more likely to defer to authority, and less able to weigh long-term consequences against short-term pressure to end an uncomfortable situation.
The mistake almost every parent makes
Here it is, plainly: telling your child to just cooperate and explain what happened so we can clear this up.
It comes from love. It comes from a belief that honesty will be recognized and rewarded. And in a juvenile case, it is frequently the single most damaging thing that happens.
That conversation is not an explanation. It is evidence — collected from a frightened teenager who has no way of knowing which details carry legal weight, which admissions establish elements of an offense, or how an offhand comment will be characterized months later.
Ask to speak with your child, and tell them plainly what to say. Then tell the officers you are retaining counsel and call a lawyer immediately.
Why juvenile cases matter long after the case ends
Many parents assume that juvenile records simply vanish at eighteen. In Florida, that is not automatic.
Depending on the charge and how the case resolves, a juvenile record may still surface in:
- College and university admissions
- Scholarship and financial aid decisions
- Military enlistment screening
- Certain employment background checks
- Professional licensing applications
And there is a further consideration: Florida permits certain juvenile cases to be transferred to adult court, where a child faces adult sentencing exposure. Whether that happens depends heavily on the charge, the child's history, and decisions made early in the case — which is precisely why early representation matters so much.
What to do right now
If your child has been arrested:
1. Do not let your child answer questions without a lawyer present. This is the most important thing on this list.
2. Write down everything you know. The time, the location, the agency and officers involved, what you were told, and by whom. Details fade quickly and matter later.
3. Find out whether your child is being held, and when the detention hearing is scheduled.
4. Call a lawyer immediately. Not tomorrow. The 24-hour window moves fast, and the detention hearing is a meaningful opportunity that benefits from preparation.
5. Take care of your child. They are likely terrified and convinced they have ruined their life. They need to hear that you are handling this and that you are not giving up on them.
A note to the parent reading this
Your child is not the worst thing they have been accused of. Adolescent brains are still developing the capacity for impulse control and long-range consequence assessment — this is well-established science, not an excuse.
A mistake at fifteen should not determine what's possible at twenty-five. That belief is a large part of why we do this work.
We're here to help
Our team defends young people throughout Jacksonville and Northeast Florida. Partner Belkis Plata is board certified in Juvenile Law by The Florida Bar — a certification that requires substantial demonstrated experience in juvenile practice, peer review, and a written examination in this specific area of law. Relatively few attorneys in Florida hold it.
If your child has been arrested, we can help you understand what you're facing and what options exist.
Your consultation is completely free. There is no cost to call and get clarity. Learn more about our juvenile defense and criminal defense practice.
📞 904-619-5244 📍 4411 Sunbeam Road #23519, Jacksonville, FL 32241
This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is unique and decided on its own facts. If your child has been arrested, please consult an attorney directly.