Protecting Your Child’s Rights: What to Do if Law Enforcement is Involved

t’s shocking, but true—children as young as 8 can be arrested in Florida, with no minimum age limit. The real concern is their mental capacity to understand the situation. If your child’s actions, though innocent, may be seen as criminal, law enforcement could get involved.

The moment police begin investigating your child, the Fourth and Fifth Amendments come into play. These protect against unlawful searches, seizures, and self-incrimination. If the police want to search your child’s belongings, such as their bedroom or car, they must have a lawful reason. However, the line between your property and your child’s can be blurred, and the legality of the search may be questioned.

If your child is questioned by police, their Fifth Amendment rights must be respected. It’s crucial to ensure that any Miranda rights were understood and waived knowingly and voluntarily.

What Should You Do?

Call an attorney immediately. You have every right to refuse police access to your child without a warrant. If law enforcement tries to pressure or threaten you, remember—invoking your child’s rights is not obstructing justice. At Plata Schott Law, we’re ready to step in and protect your child’s rights.

If you need legal assistance, contact Plata Schott Law at 904-619-5244 or email us at contact@plataschott.com. We’ll work with you to schedule a consultation at your convenience.