Juvenile Crime F.A.Q.'s
- One of my children was arrested and is now being held at a Juvenile Detention Center. How long can the authorities keep my child in the detention center?
- What do I do if my child is being investigated for committing a criminal act?
- Why isn’t it possible for me to get any information about my child’s case from the web site of the clerk of court or by calling the clerk of court for information?
- Is it fair for a college that I am applying to, to ask for a delinquency record?
- If my child is accused of a crime that did not happen at school can they be removed from school?
One of my children was arrested and is now being held at a Juvenile Detention Center. How long can the authorities keep my child in the detention center?
Under normal circumstances a child can be held in detention for 21 days. However, if there is just cause, the court may find it necessary to impose a longer detention period.
What do I do if my child is being investigated for committing a criminal act?
If the authorities have determined that your child is not free to leave and is also being questioned by the authorities, then your child will have the same Constitutional rights as that of an adult whom would be questioned by the police. These rights include the right to counsel and the right to remain silent. However, minors may also request that their parent or guardian be present.
Why isn’t it possible for me to get any information about my child's case from the web site of the clerk of court or by calling the clerk of court for information?
Because of the high level of confidentiality regarding juvenile crimes, there may be strict policies with the court regarding the accessibility of information regarding your child’s case. It may be required that the parent or guardian be physically present at the clerks office with identification prior to the release of any information surrounding the case. Also, a juvenile case may be accessible through your attorney or counsel.
Is it fair for a college that I am applying to, to ask for a delinquency record?
It is possible that it is permitted. Many believe that because a case is juvenile in nature that there automatically those records are sealed and not available for scrutiny. This is not always accurate. Ultimately, it depends on the circumstances surrounding the case as to whether the case we be sealed or expunged. Many universities will request any records that resulted in a condition of probation or imprisonment. There too are situations where employers may also request the records of juveniles.
If my child is accused of a crime that did not happen at school can they be removed from school?
Yes; it is possible. Even if your child did not commit an alleged crime at school they may be expelled from a public school if the crime fits a certain model. In many cases, a hearing is required to determine if there is just cause to remove a juvenile from the public school system.
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See Also:
Steven G. Casanova, P.A.
Attorney at Law
2323 South Babcock St.
Melbourne, Florida 32901
Phone: 866.698.5155 | Telefax: 321.725.3737
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