How to protect your child's rights during police encounters — straight talk from a Florida criminal defense perspective

When I sit down with a parent and their child in my office, I lay it out plainly: even young people have rights, especially under Miranda and Florida law. Talking to police isn't a harmless chat—it can shape a child's future, their record, and every step afterward. Here's what I say you should tell your child, and why having a private criminal defense attorney matters every step of the way.

Rights Kids Must Understand — And My Advice to Parents

First, I explain that under Florida Statutes § 901.19(1), when an officer arrests someone and intends to interrogate, that individual must be informed of their right to remain silent and their right to an attorney. The officer must also announce the charge at arrest.

That applies to juveniles just as it does adults. But when talking to children, law enforcement must use age‑appropriate language, and courts evaluate whether a minor truly understood the warnings.

So I tell your child: if an officer says you're under arrest or starts asking serious questions in a situation where you can't leave, it's okay — and smart — to say, "I'm going to remain silent. I want my parent and an attorney." I explain that silence is not disrespect—it's a legal right.

I always add: even if they did read Miranda, it's still essential to ask for a lawyer because waiving these rights without fully understanding can lead to trouble later.

When Police Might Talk Without a Parent Present

In Florida, police can question a minor even if a parent isn't there, but several conditions apply. There is no statute that outright bans questioning without a parent, and police may question kids in public or school settings without parental consent.

If the minor is in custody, police are required to try to notify the parents reasonably before questioning begins. But even if the parent isn't present, the child must be read their rights and must reasonably understand them; otherwise, that questioning can be suppressed.

I stress to parents: if your child is detained, insist on speaking to an attorney before any questioning. That's where I step in — to preserve their rights, challenge improper procedures, and fight suppression battles if necessary.

Why It May Matter Statutorily

Chapter 985 of Florida Statutes, especially section 985.03(18), defines what custody means and when protections activate.

If your child is detained for a delinquency alleged to be a felony-level act, specific transfer procedures under § 985.556 may apply, converting juvenile cases into adult court.

That's precisely where legal counsel becomes vital. A private attorney can argue custody wasn't lawful or challenge improper waivers during the transfer process. Without counsel, minors may unknowingly consent to moves that follow them into adulthood.

Defenses That May Arise

If your child was questioned without proper warnings or without a parent when required, I can seek:

  • Suppression of statements, if Miranda warnings were absent or not clearly understood.
  • A challenge that the questioning was coercive, especially with minors who may be confused or intimidated.
  • A motion to suppress if the minor didn't voluntarily waive their rights. Florida courts look at whether they had the capacity to understand before waiving rights.

All of these defenses require careful review of timing, setting, age, maturity, and mode of questioning. A private lawyer is the only one focused on these details from the outset; public defenders may not have the time or resources to dig deeply into each nuance.

Example Case I Handled

I once represented a 15-year‑old girl accused of shoplifting in Miami. She was approached inside a store by an officer, taken into a back room at the store, and asked questions, without her parent and without being told explicitly she was in custody. The officer never read her rights. She confessed to taking items.

I filed a suppression motion, arguing the officer effectively placed her in custody—isolated her and forbade her from leaving—and did not administer Miranda rights or attempt to contact the parent beforehand. The judge agreed. The statements were suppressed, and the store declined to proceed without her admission. The case was dropped.

This shows how an officer's failure to follow § 901.19 or to make reasonable efforts to contact a parent can make or break a case.

How I Work With Families in These Situations

I tell parents: call me as soon as your child gets in contact with law enforcement—whether at school, at home, or in public. Even a parent's request for a lawyer must be clear and calm, and I can arrive, intervene, and prevent improper questioning. Once statements are made in violation, it often becomes about damage control, and rights may be gone forever.

I also help parents understand that juvenile records have privacy protections, but certain admissions may be permanent unless challenged. Only an attorney can pursue sealing or expungement, or fight delinquency adjudications that trigger records.

With me on your side, you get someone who knows the statutes—§901.19 for motions around Miranda, §985 for juvenile handling and transfer thresholds, Rules of Juvenile Procedure requiring advisement at proceedings. I file motions, request hearings, and speak up early, long before charges escalate.

What to Tell Your Child in Plain Language

  • "If someone in uniform stops you and says you aren't free to go, that's like being under arrest."
  • "If they question you about something serious, you have the right to say nothing."
  • "You can say, 'I want my parent and a lawyer.' You don't owe explanations."
  • "Even if they read you rights, that doesn't mean you must answer any questions."

Tell them this is their legal right—it's not uncooperative—it's self-protection.

Why Private Counsel Butts in Where Public Defense May Not

Public defenders do important work, but they often meet your child after the damage is done. A private attorney protects rights at the moment they matter: during interrogation, during custody, during decisions whether to talk or to assert silence.

Without private counsel, improper statements may slip in. Notifications may not occur. Transfer rules under § 985.556 may go unchallenged. Only with an attorney looking out for your child specifically do you have a chance to reverse early mistakes and safeguard their record.

I write this directly to you, because decisions early on—before charges, before statements—often define the path forward for a minor. Words spoken without warning or without a lawyer present may never be taken back. That's why involving me early gives your family options: suppression, hearing motions, potential case dismissal, or sealing records later.

If you'd like to talk about how this applies in your situation, or how I handled similar cases, please know I am available day or night for families across the state.

Frequently Asked Questions

What are Miranda rights, and does my child get them too?

Yes. Under Florida Statutes § 901.19(1), any person—adult or minor—must hear the warning about the right to remain silent and the right to counsel before being interrogated after formal custody begins. For minors, it also must be done in a way they can understand. 

Can police question my child at school without me?

Yes. Officers and school resource officers may question minors in school without parental involvement, especially if the child is not in formal custody. However, if the child is eventually detained or arrested, Miranda warnings and a reasonable attempt to notify parents become legally required. 

My child was questioned and answered. Can that be undone?

Maybe. If the questioning happened before proper Miranda warnings or without notifying parents when required, we can file a motion to suppress. If successful, any statement obtained cannot be used at trial, potentially crippling the prosecution's case.

What if the police said they couldn't reach me?

Florida law requires police to make reasonable efforts to notify parents of custody situations. If they failed to do so, especially for minors under 16, that may support suppression claims or show the child didn't understand their rights. A lawyer will examine whether the effort was enough.

Does my child need to talk to MY lawyer or do they need a court-appointed attorney?

You can—and often should—choose a private attorney right away. Public attorneys are appointed later and may not have the time to file suppression motions early. A private lawyer can intervene immediately, protect Miranda rights, and prevent wrongful statements before they happen.

Will juvenile records follow my child into adulthood?

Not always—Florida allows many juvenile records to be sealed or expunged, but serious offenses, or admissions made during improper questioning, can leave records. Only an attorney can determine eligibility and file the appropriate petitions later.

If my child stays silent and asks for a lawyer, will that make the police suspicious?

Police may press harder, but silence is your child's right. Even without saying anything, they must follow legal procedure. Courts respect refusals to speak and require law enforcement to follow the rules anyway. A lawyer can challenge any questioning that follows an assertion of that right.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1‑888‑484‑5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

How to protect your child's rights during police encounters — straight talk from a Florida criminal defense perspective

When I sit down with a parent and their child in my office, I lay it out plainly: even young people have rights, especially under Miranda and Florida law. Talking to police isn't a harmless chat—it can shape a child's future, their record, and every step afterward. Here's what I say you should tell your child, and why having a private criminal defense attorney matters every step of the way.

Rights Kids Must Understand — And My Advice to Parents

First, I explain that under Florida Statutes § 901.19(1), when an officer arrests someone and intends to interrogate, that individual must be informed of their right to remain silent and their right to an attorney. The officer must also announce the charge at arrest.

That applies to juveniles just as it does adults. But when talking to children, law enforcement must use age‑appropriate language, and courts evaluate whether a minor truly understood the warnings.

So I tell your child: if an officer says you're under arrest or starts asking serious questions in a situation where you can't leave, it's okay — and smart — to say, "I'm going to remain silent. I want my parent and an attorney." I explain that silence is not disrespect—it's a legal right.

I always add: even if they did read Miranda, it's still essential to ask for a lawyer because waiving these rights without fully understanding can lead to trouble later.

When Police Might Talk Without a Parent Present

In Florida, police can question a minor even if a parent isn't there, but several conditions apply. There is no statute that outright bans questioning without a parent, and police may question kids in public or school settings without parental consent.

If the minor is in custody, police are required to try to notify the parents reasonably before questioning begins. But even if the parent isn't present, the child must be read their rights and must reasonably understand them; otherwise, that questioning can be suppressed.

I stress to parents: if your child is detained, insist on speaking to an attorney before any questioning. That's where I step in — to preserve their rights, challenge improper procedures, and fight suppression battles if necessary.

Why It May Matter Statutorily

Chapter 985 of Florida Statutes, especially section 985.03(18), defines what custody means and when protections activate.

If your child is detained for a delinquency alleged to be a felony-level act, specific transfer procedures under § 985.556 may apply, converting juvenile cases into adult court.

That's precisely where legal counsel becomes vital. A private attorney can argue custody wasn't lawful or challenge improper waivers during the transfer process. Without counsel, minors may unknowingly consent to moves that follow them into adulthood.

Defenses That May Arise

If your child was questioned without proper warnings or without a parent when required, I can seek:

  • Suppression of statements, if Miranda warnings were absent or not clearly understood.
  • A challenge that the questioning was coercive, especially with minors who may be confused or intimidated.
  • A motion to suppress if the minor didn't voluntarily waive their rights. Florida courts look at whether they had the capacity to understand before waiving rights.

All of these defenses require careful review of timing, setting, age, maturity, and mode of questioning. A private lawyer is the only one focused on these details from the outset; public defenders may not have the time or resources to dig deeply into each nuance.

Example Case I Handled

I once represented a 15-year‑old girl accused of shoplifting in Miami. She was approached inside a store by an officer, taken into a back room at the store, and asked questions, without her parent and without being told explicitly she was in custody. The officer never read her rights. She confessed to taking items.

I filed a suppression motion, arguing the officer effectively placed her in custody—isolated her and forbade her from leaving—and did not administer Miranda rights or attempt to contact the parent beforehand. The judge agreed. The statements were suppressed, and the store declined to proceed without her admission. The case was dropped.

This shows how an officer's failure to follow § 901.19 or to make reasonable efforts to contact a parent can make or break a case.

How I Work With Families in These Situations

I tell parents: call me as soon as your child gets in contact with law enforcement—whether at school, at home, or in public. Even a parent's request for a lawyer must be clear and calm, and I can arrive, intervene, and prevent improper questioning. Once statements are made in violation, it often becomes about damage control, and rights may be gone forever.

I also help parents understand that juvenile records have privacy protections, but certain admissions may be permanent unless challenged. Only an attorney can pursue sealing or expungement, or fight delinquency adjudications that trigger records.

With me on your side, you get someone who knows the statutes—§901.19 for motions around Miranda, §985 for juvenile handling and transfer thresholds, Rules of Juvenile Procedure requiring advisement at proceedings. I file motions, request hearings, and speak up early, long before charges escalate.

What to Tell Your Child in Plain Language

  • "If someone in uniform stops you and says you aren't free to go, that's like being under arrest."
  • "If they question you about something serious, you have the right to say nothing."
  • "You can say, 'I want my parent and a lawyer.' You don't owe explanations."
  • "Even if they read you rights, that doesn't mean you must answer any questions."

Tell them this is their legal right—it's not uncooperative—it's self-protection.

Why Private Counsel Butts in Where Public Defense May Not

Public defenders do important work, but they often meet your child after the damage is done. A private attorney protects rights at the moment they matter: during interrogation, during custody, during decisions whether to talk or to assert silence.

Without private counsel, improper statements may slip in. Notifications may not occur. Transfer rules under § 985.556 may go unchallenged. Only with an attorney looking out for your child specifically do you have a chance to reverse early mistakes and safeguard their record.

I write this directly to you, because decisions early on—before charges, before statements—often define the path forward for a minor. Words spoken without warning or without a lawyer present may never be taken back. That's why involving me early gives your family options: suppression, hearing motions, potential case dismissal, or sealing records later.

If you'd like to talk about how this applies in your situation, or how I handled similar cases, please know I am available day or night for families across the state.

Criminal Defense Frequently Asked Questions

What are Miranda rights, and does my child get them too?

Yes. Under Florida Statutes § 901.19(1), any person—adult or minor—must hear the warning about the right to remain silent and the right to counsel before being interrogated after formal custody begins. For minors, it also must be done in a way they can understand. 

Can police question my child at school without me?

Yes. Officers and school resource officers may question minors in school without parental involvement, especially if the child is not in formal custody. However, if the child is eventually detained or arrested, Miranda warnings and a reasonable attempt to notify parents become legally required. 

My child was questioned and answered. Can that be undone?

Maybe. If the questioning happened before proper Miranda warnings or without notifying parents when required, we can file a motion to suppress. If successful, any statement obtained cannot be used at trial, potentially crippling the prosecution's case.

What if the police said they couldn't reach me?

Florida law requires police to make reasonable efforts to notify parents of custody situations. If they failed to do so, especially for minors under 16, that may support suppression claims or show the child didn't understand their rights. A lawyer will examine whether the effort was enough.

Does my child need to talk to MY lawyer or do they need a court-appointed attorney?

You can—and often should—choose a private attorney right away. Public attorneys are appointed later and may not have the time to file suppression motions early. A private lawyer can intervene immediately, protect Miranda rights, and prevent wrongful statements before they happen.

Will juvenile records follow my child into adulthood?

Not always—Florida allows many juvenile records to be sealed or expunged, but serious offenses, or admissions made during improper questioning, can leave records. Only an attorney can determine eligibility and file the appropriate petitions later.

If my child stays silent and asks for a lawyer, will that make the police suspicious?

Police may press harder, but silence is your child's right. Even without saying anything, they must follow legal procedure. Courts respect refusals to speak and require law enforcement to follow the rules anyway. A lawyer can challenge any questioning that follows an assertion of that right.

Contact Musca Law 24/7/365 at 1‑888‑484‑5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1‑888‑484‑5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.