Legal Question in Criminal Law in Florida

Failure to appear for someone never arrested

My 12 yo son was arrested for failure to appear on a playground accident in which he was never arrested in the first place. The incident took place 4/06. We told the police we were moving,& they did not ask for an address. Now 10 months later he has been arrested for failure 4Xs to appear. Why should he be arrested for this when he was never arrested in the 1st place. The school ruled the incident as an accident. He was not expellled or even reprimanded.


Asked on 2/08/07, 4:54 pm

1 Answer from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: Failure to appear for someone never arrested

Hello. I just read your question. I can't believe a 12 y.o. was arrersted form a playground accident! Did he have a prior court date and miss it? Since I do not have all the facts, I cannot give you a formal legal opinion. However, if there is a charge against him, he should get an atty. and the atty. can get all the reports to investigate. It doesn't matter if he was not arrested in the first place for the cops to arrest him now. However, they would have to have a warrant.

If he has never been in trouble before, he will be alright in this case. If he has been in juv. court before, the judge may lecture him to try to scare him from coming back and he may get some minor punishment. On the other hand, he may be able to beat this case and get out of this with no punishment.

If my office can be of any assistance to you in North Fla. please give me a call. 'Hope this helps, Tom Rosenblum

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Answered on 2/09/07, 10:44 am


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