Legal Question in Criminal Law in Florida

Questioning a minor without parental consent or even parental notification at al

My son was called to the office at his H.S. where an officer informed him that a student had accused him of sexual molestation and asked my son if it was true. He used manipulative tactics to get him to talk, then asked him to write a statement and sign it. I was never informed by the school or the police of that meeting. My son briefly mentioned this to us with little detail and we did not take it seriously and it was dismissed. Weeks later, we receive notification that he is being charged with lewd and lascivious molestation. The act was supposedly commited off school grounds. How in the world can police come to my sons school to question him without notifying us? Is that legal? Have his rights been violated? He is 16 years old. Shouldn't at least the school have notified us of something, anything? My son thought the girl was trying to make trouble for him because he wasn't nice to her friend. He figured since he was questioned at school and his parents weren't called, and he was let go, the girl wasn't taken seriously so he didn't worry us with the gory details. He says he wrote in his statement that he didn't do anything and signed it. I'm definitely going to need a lawyer for this.


Asked on 11/10/04, 9:44 pm

3 Answers from Attorneys
Carim Neff The Law Offices of Carim M. Neff, PA

Re: Questioning a minor without parental consent or even parental notification a

In general, their are numerous issues that come up when an officer questions a juvenile about a criminal matter (Miranda issues and warnings). It is usually an inherently coercivie situation when a law enforcement officer questions a juvenile alone. Issues regarding his age, understanding of Miranda issues, and where consent was asked for/obtained from the child are of great importance. This is not to mention the factual issues (ie whether or not any crime was actually committed) that impact guilt or innocence. This is a serious matter w/life changing consequences. You may call me at (954)478-9048 to discuss your particular situation.

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Answered on 11/11/04, 2:37 pm
robert nudelman criminal defense associates

Re: Questioning a minor without parental consent or even parental notification a

It sounds as if there may possibly be some Miranda issues in this matter. Sexual molestation charges are our area of expertise. Your son may not only be looking at criminal charges, but may be required to register as a sexual offender for the rest of his life if he is convicted. Please call Richard Nudelman at (800) 313-9619 so that he may advise you on how to proceed with protecting your son.

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Answered on 11/11/04, 10:36 am
W.F. ''Casey' Ebsary Law Office of W.F. Casey Ebsary, Jr.

Re: Questioning a minor without parental consent or even parental notification a

Please call me toll free 1-877-793-9290 to discuss how we can help.

W.F. Casey Ebsary, Jr.

Attorney and Counselor at Law

112 South Magnolia Avenue

Tampa, Florida 33606

813.222.2220 Voice

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www.centrallaw.com

[email protected]

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Answered on 11/11/04, 10:53 am


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