Florida/Georgia Personal Injury & Workers Compensation

...lpatory statements he made to the police after his arrest because the statements were not made voluntarily. In support of this argument, Defendant contends that (1) his mother was not immediately notified of his arrest as required by Florida Statute § 985.101, (2) a waiver form Defendant signed did not indicate that he had a right to an attorney prior to questioning, and (3) Defendant was questioned alone after he had been appointed an attorney....

...The detention of juveniles in Florida is governed by chapter 985, Florida Statutes. See ch. 985, pt. V, Fla. Stat. (2007). Part III of chapter 985 expressly states that the sole means by which a juvenile judge may take a child into custody is "[p]ursuant to an order of the circuit court issued under this chapter." § 985.101, Fla....

...Had we not issued the writ, A.K. would have been in secure detention for twenty-one days after he was taken into custody on the pick-up order. In Florida, the detention of juveniles is governed completely by statute. R.G. v. State, 817 So.2d 1019, 1020 (Fla. 3d DCA 2002). Section 985.101, Florida Statutes (2007) provides that if a child fails to appear at a court hearing, the trial court is authorized to issue an order, known as a "pick-up" order, to take the child into custody....

...the trial court on issues of fact. M.J. v. State, 121 So.3d 1151, 1154 (Fla. 4th DCA 2013). An officer may arrest a child if that officer “has probable cause to believe that a child is in violation of the conditions of the child’s probation.” § 985.101(l)(d), Fla....

...JACs, as physical locations, were established primarily to avoid intermingling children with adults in the central, booking process. They “provide collocated central intake and screening services” for juveniles. § 985.135(1), Fla. Stat. (2013). After a juvenile is taken into custody, see § 985.101(1), the juvenile must be “released from custody as soon as is reasonably possible.” § 985.115(1)....

...Likewise, there appears to be no affirmative obligation on the part of the police to extend an opportunity to a juvenile to speak with his parents prior to questioning where the juvenile does not request such opportunity. Id. at 1003-04 (citations omitted). We are aware that section 985.101(3), Florida Statutes (2010), requires police to attempt to notify a juvenile’s parent, guardian, or legal custodian upon taking the juvenile into custody....

...da Statutes. The court may continue secure detention only if it complies with the detention statute and provides a basis for it. The statutory scheme permits a juvenile who has violated home detention to be taken into custody by law enforcement. See § 985.101(l)(d), Fla....

those terms in order to justify an arrest. See § 985.101(1)(d), (4), Fla. Stat. (2015). It merely proved

...Here, however, the State adduced no proof that the juvenile was on probation at all, much less what the terms of his probation were and whether there was probable cause to believe he had violated those terms in order to justify an arrest. See § 985.101(1)(d), (4), Fla....

...JACs, as physical locations, were established primarily to avoid intermingling children with adults in the central booking process. They "provide collocated central intake and screening services" for juveniles. § 985.135(1), Fla. Stat. (2013). After a juvenile is taken into custody, see § 985.101(1), the juvenile must be "released from custody as soon as is reasonably possible." § 985.115(1)....

...a] felony or misdemeanor." See § 951.23(1)(a).2 Many of the young "persons" in a JAC have been "taken into custody" by law enforcement officers who had probable cause to believe that they had committed "a delinquent act or violation of law." See § 985.101(1)(b)....

...a police officer who is merely on the job.” Id.; Jay v. State, 731 So. 2d 774, 775 (Fla. 4th DCA 1999). To prove the crime, the officer must be lawfully executing a “legal duty.” § 843.02, Fla. Stat. In this case, the State asserts that the officer’s legal duty arose from § 985.101(1)(d)....

...the statute by taking her into custody after S.G. failed to abide by CHS’s decision about the shelter and the conditions of her detention. The State presented no evidence, however, that S.G. resisted the officer’s work of taking her into custody under § 985.101(1)(d). Rather, the officer testified that S.G....

...process, not merely CHS’s shelter plan for the night. § 843.02, Fla. Stat. Her decision not to follow CHS’s plan caused her to violate the terms of her detention. But it didn’t constitute resisting the officer, who wasn’t impeded in his work of taking her into custody under § 985.101(1)(d). Because on these facts, the State could not prove that S.G. committed the offense of resisting an officer without violence, the motion for judgment of dismissal should have been granted. III....

...Despite this important role, it was not appellant—but her son—who was accused of committing an illegal act. Thus, the police officers had neither probable cause nor reasonable suspicion to require appellant to do anything other than to provide her and her son’s contact and identifying information. See § 985.101(3), Fla....

...driver license number or identification card number of the parent or guardian to the person taking the child into custody or the department [of Juvenile Justice].”). Of the information the police officers could have legally requested from appellant pursuant to section 985.101, her local physical address was the only information she did not immediately provide....