Truancy and curfew violations are significant issues under Florida law that can lead to legal consequences for both minors and their guardians. Truancy, governed by Florida Statute § 985.03(57), addresses school attendance requirements, while curfew violations, under Florida Statute § 877.22, regulate minors’ activities during restricted hours. Both laws aim to ensure the safety and well-being of young individuals and promote responsibility among families.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand the complexities of these charges and are committed to protecting your rights. If you or your child is facing accusations related to truancy or curfew violations, contact us for professional legal assistance.
What Is Truancy Under Florida Law?
Under Florida Statute § 985.03(57), truancy is defined as a child’s failure to attend school regularly without valid excuses. The law applies to minors between the ages of 6 and 16, requiring them to attend school unless exempted under specific circumstances.
To classify a child as truant:
- The child must have at least five unexcused absences within one month or 15 unexcused absences within a 90-day period.
- The absences must occur while enrolled in a public, private, or homeschool program.
Truancy can trigger interventions, including:
- Mandatory meetings with school officials.
- Referral to a truancy intervention program.
- Legal action against the child or their guardians.
What Are Florida’s Curfew Laws?
Under Florida Statute § 877.22, Florida enforces curfew restrictions for minors to reduce juvenile delinquency and ensure safety. These laws vary slightly by county but generally restrict minors under the age of 18 from being in public places during the following hours:
- Weekdays: 11:00 PM to 5:00 AM.
- Weekends: Midnight to 6:00 AM.
Exceptions to curfew laws include:
- Accompanied by a parent or guardian.
- Traveling to or from work, school events, or emergencies.
- Engaged in lawful activities such as attending religious events.
Violating curfew laws may result in fines, community service, or required counseling programs.
Consequences for Truancy and Curfew Violations
Legal penalties for truancy and curfew violations can have lasting repercussions, affecting both minors and their parents or guardians. Authorities take these violations seriously, as they believe consistent school attendance and adherence to curfew laws contribute to a minor’s safety and development. Consequences may include:
For Minors:
- Mandatory Counseling Programs: Courts may require attendance in educational or behavioral counseling programs to address underlying issues contributing to truancy or curfew violations.
- Community Service: Juvenile offenders might be ordered to complete community service hours, which can range from a few hours to several weeks, depending on the severity of the violation.
- Juvenile Detention: In severe cases or repeated offenses, minors may face placement in a juvenile detention center, which can impact their future education and job prospects.
- Loss of Driving Privileges: In some counties, minors may have their driver’s license suspended or delayed if they are found in violation of truancy or curfew laws.
For Guardians:
- Fines and Court Fees: Parents or legal guardians may be subject to fines ranging from hundreds to thousands of dollars for failing to ensure their child’s compliance with attendance or curfew regulations.
- Required Parenting Classes: Courts may mandate that parents complete parenting education programs to help them better manage their children’s behavior and school attendance.
- Misdemeanor Charges: Parents may face misdemeanor charges in cases of chronic truancy or repeated curfew violations, which could result in a criminal record, probation, or even jail time.
Failure to address truancy and curfew violations can have long-term consequences, including academic setbacks, disciplinary records, and increased scrutiny from child protective services.
How to Defend Against Truancy or Curfew Violation Charges
At Metcalf Falls, we understand that every case is unique, and we develop tailored defense strategies to protect your rights and minimize the consequences. Some of the most effective defenses include:
Valid Excuses:
There are legitimate reasons a child may miss school or be out past curfew. These can include:
- Documented medical conditions requiring frequent absences.
- Family emergencies, such as the illness or death of a close relative.
- Transportation issues beyond the minor’s control.
- Participation in extracurricular or religious events is exempt under the law.
Incorrect Records:
Errors in school attendance logs or law enforcement records can result in wrongful accusations. We will:
- Review school records to verify that excused absences were properly documented.
- Challenge any discrepancies in curfew violation reports.
- Obtain witness statements or surveillance footage that may support your case.
Parental Compliance:
Parents who have taken reasonable steps to ensure their child’s compliance with school attendance or curfew laws may present evidence of:
- Communication with school officials regarding attendance concerns.
- Efforts to supervise and enforce curfew adherence at home.
- Involvement in intervention programs aimed at correcting the minor’s behavior.
Lack of Notification:
Schools or law enforcement may sometimes fail to properly notify parents of their child’s truancy or curfew violations, which could be used as a defense in court.
Our dedicated legal team will investigate all aspects of your case to identify errors, mitigating factors, or possible legal defenses that can lead to reduced or dismissed charges.
Why You Need a Defense Attorney
Dealing with truancy and curfew violations can be stressful and confusing, especially when legal consequences threaten your family’s stability. An experienced defense attorney can help you navigate Florida’s juvenile justice system by:
Advocating for Your Child’s Best Interests:
A skilled attorney will work to ensure harsh penalties do not compromise your child’s future and will advocate for alternative solutions, such as diversion programs instead of legal punishments.
Challenging the Evidence Against You:
Our legal team will carefully review the circumstances surrounding the allegations, ensuring that your rights were not violated and that the evidence is accurate and admissible.
Negotiating Alternative Resolutions:
In many cases, a lawyer can negotiate with school officials and prosecutors to seek alternative resolutions, such as community service, counseling, or probation, rather than more severe penalties.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we protect your family’s rights and provide the legal support needed to resolve these issues efficiently and effectively.
FAQs About Truancy and Curfew Laws in Florida
What happens if my child continues to skip school?
If a child continues to miss school despite previous warnings and interventions, the case may be escalated to the Department of Juvenile Justice (DJJ). The child may face probation, placement in a diversion program, or detention. Additionally, parents could face further fines, loss of benefits, or potential criminal charges.
Can I be arrested for my child’s curfew violations?
Yes, parents can face legal consequences for repeated curfew violations. If it is determined that the parent failed to exercise reasonable control over their child, they may be fined or charged with a misdemeanor offense, which can include probation or even jail time.
What if my child has a legitimate reason for being out past curfew?
If your child has a valid reason for being out past curfew—such as attending work, participating in a school function, or facing an emergency—you may provide documentation to law enforcement or the court to dispute the charges. A lawyer can help present evidence to support your case.
How can a lawyer help in truancy or curfew cases?
A lawyer can provide several key services, including:
- Evaluating the facts of the case and identifying legal defenses.
- Challenging inaccurate records or procedural errors.
- Negotiating alternative resolutions to minimize penalties.
- Representing you and your child in court to protect your rights.
Consulting with an experienced attorney can significantly improve the chances of achieving a favorable outcome if you are facing truancy or curfew-related charges.
Why Work With Our Florida Truancy and Curfew Violations Attorneys?
If your child is facing charges for truancy or curfew violations in Florida, it’s important to act quickly to prevent lasting consequences that could impact their future. These charges can lead to fines, mandatory counseling, or even detention, and may also affect your child’s school record and relationships with educational authorities. Working with an experienced juvenile defense attorney like Brett Metcalf ensures that your child’s rights are protected and their case is handled in the most favorable way possible.
Brett Metcalf’s experience as a former prosecutor at the State Attorney’s Office provides him with valuable insight into how truancy and curfew violation cases are processed in Florida. He uses this knowledge to develop effective defense strategies, such as challenging the charges or advocating for alternatives like counseling or community service instead of punishment. His goal is to minimize the impact on your child’s future and help them avoid further legal complications.
Since 2012, Brett has successfully represented Florida families dealing with truancy and curfew violations. He understands the importance of addressing the root causes of these issues and works to find constructive solutions, whether it’s through negotiating with school officials or seeking diversion programs that offer positive outcomes for your child.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Protect Your Family’s Rights Today
Truancy and curfew violations can have serious consequences, but with the right legal representation, you can take steps to protect your child’s future. At Metcalf Falls, Criminal Defense Attorneys, P.A., our experienced attorneys are ready to help you navigate the legal process and work toward a positive resolution.
Call us today at (813) 981-7005 or fill out our online form for a free consultation. We are here to fight for your family’s rights and future.