Florida, like many states, allows individual counties and cities to enact their own teenage curfew regulations. Teenage curfew regulations are designed to decrease the victimization of minors, prevent criminal behavior by minors, and promote safety of those under the age of 16. Florida curfew violations may be unintentional and misconstrued, requiring a Florida criminal defense lawyer to rectify.
Florida's Model Teenage Curfew Law
The Florida statutes suggest a model curfew law for counties and cities that do not enact their own definitions of Florida curfew violations. The model law states a minor may not be in a public place from Sunday - Thursday between 11 p.m. and 5 a.m. or between 12:01 a.m. and 6 a.m. on Saturday or Sunday. This does not include legal holidays.
The teenage curfew applies also to students expelled or suspended from school. A minor in this situation may not be in a public place or within 1,000 feet of a school between the hours of 9:00 a.m. and 2:00 p.m. during any school day.
Florida curfew violations may also be assessed when the minor violates specific laws set forth by the local government. Each city and county within the state has the right to enact their own laws regarding Florida curfew disobedience, which may be more or less strict than the state model.
Because there may be varying charges for Florida curfew violations it is important to have a Florida criminal defense lawyer who understands local teenage curfew laws in your area.
Penalties for Florida Curfew Violations
The penalties you or your child may be facing for Florida curfew violations will vary depending on where the violation took place. If a child is detained near a city or county border, your Florida criminal defense lawyer may be able to argue the charges.
Typically, Florida curfew violations will result in a written warning for the first violation. If a minor is accused of a second violation they will be charged with a civil infraction and fined $50. In some cases, the minor will be taken into custody for violation of teenage curfew laws.
If a minor is taken into custody they will either be transported to a police station or a civic organization that conducts a curfew program in cooperation with the local authorities. The law enforcement agent will attempt to contact the minor's parents and request they take custody of their child. If the agency is unable to contact parent or guardian within 2 hours or the parent refuses to take custody, the minor will be taken to their residence.
Challenging Florida Curfew Violations
Your Florida criminal defense lawyer can review the details of your child's teenage curfew infringement and determine the best defense for fighting the charges. Florida curfew violations do go on your juvenile record and can be a detriment to fighting any future criminal charges.
If your child is charged with this offense, it is important to have good legal representation from an experienced Florida criminal defense lawyer. For the best opportunity to have the charges removed or reduced, you will need experienced help in pleading your case. A Miami criminal defense lawyer with case history in teenage curfew violations is an excellent source of assistance in this matter.
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