JACKSONVILLE, Fla. – As parents prepare to send their kids back to school, there is likely a critical conversation many families are not having that could make all the difference if their teen ever encounters law enforcement.
School threats, online posts and social media activity may seem harmless to a teenager, but the legal consequences can be serious.
So, what are a teen’s rights? What are police required to do? And what should a parent do if law enforcement comes knocking?
Teens have the same rights as adults
Local attorney Millicent Daniels joined The Morning Show to break it all down on our latest “Justice 4 All” segment.
“Teenagers, minors, juveniles — they’re afforded the same constitutional protections that we as adults have,” Daniels said. “So that means that they have the right to remain silent. They have the right to have an attorney present.”
Daniels said the most important thing parents can do is educate their children before a situation arises.
“For kids, I think it’s important for parents to understand that we need to educate our kids to let them know that if law enforcement contacts you or wants to talk to you, call me,” she said.
What police are — and aren’t — required to do
Many parents assume that if their teen is about to be arrested, police must call them first. That assumption, Daniels said, could leave a child unprotected.
“Here in Florida, law enforcement only has to notify parents once a child is in custody,” Daniels explained. “Anything before that, they don’t have to actually notify parents.”
That distinction matters, especially in school settings where fights or incidents can draw law enforcement into conversations with student witnesses — without any parental notification.
“They may talk to your teen about what they did or did not see,” Daniels said. “I think that it’s just very important for parents to understand and educate their teens — before you talk to the cops, give me a call, let me know what’s going on, I’ll get there, we can bring in our lawyer, and we can make sure that you’re protected.”
Once a child is taken into custody, Daniels said, officers are required to make all reasonable efforts to notify a parent and must Mirandize the child before any questioning — informing them of their right to remain silent, just as they would with an adult.
Anything said can — and will — be used against them
Just like adults, anything a teen says during the process of being questioned or arrested can be used against them in court.
Daniels said that is especially true in cases involving written threats or social media posts, where law enforcement may show up at a family’s home while parents are at work.
“Inform your kid: do not answer any questions,” Daniels said. “Exercise your right to remain silent. Call your parent, let your parent know what’s going on, and your parent will go ahead and bring in a lawyer to assist.”
She cautioned that many teens — and even parents — make the mistake of trying to appear cooperative in hopes of demonstrating innocence.
“I see situations all the time where teens will even give over evidence,” Daniels said. “It comes back and harms them because they did not have to, but they wanted to make it appear as if they didn’t have anything to hide.”
Daniels added that parents who open the door and allow their children to speak without legal counsel present can inadvertently damage their child’s case.
“Those actions and those statements can come back and harm the child in juvenile court,” she said.
Knowledge is the best protection
Our conversation was not about helping anyone evade accountability — it was about ensuring families know what protections already exist.
It’s about knowing what your rights are.
Daniels agreed, and her advice to parents boils down to one core message: Have the conversation early, have it often, and make sure your child knows to call you — before saying a single word to law enforcement.