That dreaded phone call – your child has been arrested. It’s a moment no parent wants to face. Fear, confusion, and a sense of helplessness can be overwhelming. But amidst the chaos, it’s crucial to remember that both you and your child have rights. Let’s break down what you need to know as a parent in Florida.
Can a Child Even Be Arrested in Florida?
The short answer is yes. But it’s not as simple as it might seem. Florida law recognizes that children are different from adults and has a separate juvenile justice system. However, children can be arrested under certain circumstances:
- A child under 7 cannot be arrested in Florida, except in cases of very serious felonies.
- For more serious crimes, even young children may be taken into custody.
- Children with a history of offenses may face arrest even for less serious crimes.
Typically, when a child is arrested, they are taken to a Juvenile Assessment Center. Here, they are processed (fingerprinted, etc.) and assessed to determine if they should be released to their parents or detained in a juvenile facility. If detained, they have the right to a hearing within 24 hours.
Your Child’s Rights
Even behind bars, your child is protected by the law. This includes the right to an attorney. If you can’t afford one, the court will appoint one. It’s vital to advise your child not to speak to law enforcement without a lawyer present. They have the right to remain silent, as anything they say can be used against them. Remember, the justice system presumes innocence until guilt is proven in court. And importantly, your child has the right to humane treatment while in jail.
Your Rights as a Parent
You have the right to stay connected with your child. This means you can visit them in jail (though there might be limits on how often and when). You can also talk to them on the phone and exchange letters. You have the right to be kept in the loop about the charges, court dates, and any legal proceedings. You should be involved in decisions about your child’s defense and can attend court hearings. And of course, you can always seek legal counsel from an attorney to guide you through this process.
Custody and Parental Rights
If you share custody, the court might temporarily change the arrangement while your child is incarcerated. In very rare and extreme cases (like if the charges involve severe abuse or neglect), this situation could even lead to the termination of parental rights. It’s important to be aware of this possibility, though it’s not the usual outcome.
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Navigating Bail for Your Child
When a child is arrested, the judge has to decide whether to set bail and, if so, how much. Bail is like a financial promise that your child will show up in court when they’re supposed to. If you can’t afford the full amount the judge sets, you should contact a bail bond agency in Florida.
In this difficult time, it’s crucial to work with a bail bondsman you can trust. Someone with a long history of helping families in your situation can make all the difference. Of course, we recommend contacting us, A Aabbott & Cathy Bail Bonds, an agency owned by Cathy Crespo. Cathy has been helping families in Broward County for over 35 years, and her experience and dedication are unmatched.
At A Aabbott & Cathy Bail Bonds, we’ll will guide you through the process, answer all your questions, and work with you to make sure you understand the bail bond agreement. Cathy and her team are committed to providing compassionate support and helping you get your child released as quickly as possible. Call us 24/7 at (954) 463-6363. You can also use our online bail bonds service.
So when a minor is involved, the bail process has some special considerations. Here’s what makes it different.
Parental Involvement is Key
The court often requires a parent or legal guardian to be deeply involved in the bail process. This could include co-signing the bail bond, which means you’d be financially responsible if your child doesn’t show up for court. The court wants to ensure the child has adult support and supervision to increase the likelihood they’ll meet their legal obligations.
Conditions for Release Can Be More Specific
The judge might set stricter conditions for your child’s release than they would for an adult. These conditions aim to protect the child, ensure their well-being, and prevent further legal trouble.
- Your child might be required to live with you or another responsible adult approved by the court. This ensures they have a stable and supportive environment.
- The court may mandate regular school attendance to keep your child engaged in their education and on a positive path.
- If the judge believes your child would benefit from professional support, they might order participation in counseling or therapy sessions.
- A curfew helps to monitor your child’s activities and ensure they’re not engaging in risky behavior.
- The court might prohibit your child from contacting certain individuals or going to specific locations, especially if those are related to the charges against them.
Focus on Rehabilitation
The juvenile justice system places a strong emphasis on rehabilitation. The judge will consider your child’s age, maturity level, and the nature of the offense when setting bail conditions. The goal is to help your child learn from their mistakes and get back on track.
Conclusion
Facing your child’s arrest is one of the toughest challenges a parent can endure. In this post, we’ve covered essential information to help you navigate this difficult situation in Florida. We explored when a child can be arrested, your child’s rights, your rights as a parent, and the complexities of bail for minors. Remember that you’re not alone.
Need help with bail in Florida? We can help, even if a Nebbia Hold Florida is in place! Contact A Aabbott & Cathy Bail Bonds at (954) 463-6363 today for expert guidance and compassionate support.
Key Takeaways
- Ensure your child’s legal rights are protected throughout the process.
- Stay informed and actively participate in your child’s legal proceedings.
- Seek expert guidance to navigate the complexities of bail for minors.