DailyMail.com has learned that the 10-year-old boy, whose mugshot was uploaded to the Internet following a joke about shooting up Florida’s elementary school, is currently in detention.

Daniel Marquez was ordered to be detained for 21 days by a judge last weekend after being charged with making a written threat after he sent three texts to a friend that allegedly suggested he was plotting to shoot up Patriot Elementary School in Cape Coral.

Those texts – two stock images and a message to his friend saying he was looking forward to the last day of school – have been taken totally out of context by authorities, the boy’s lawyer told DailyMail.com in an exclusive interview.

‘It was an attempt at humor – but fifth-grade humor,’  Douglas Molloy said. 

Daniel was handcuffed at his home and Sheriff’s Deputies seized the suspects during an online ‘perp walk’.

On Monday, authorities released the boy’s mugshot and warned that fake threats can lead to’real consequences’

DailyMail.com is able to confirm that the boy is in Collier County Juvenile Detention center in Naples. Florida – 55 miles from his home where he lives with Army veteran father Dereck Marquez, 35, his elder brother, and grandmother.

Fifth-grader Daniel Marquez, was walked out of a Lee County Sheriff's office following his arrest on Saturday. He is now being held at a juvenile detention center, DailyMail.com can reveal

Following his arrest Saturday, Daniel Marquez (5th grader) was led out of a Lee County Sheriff’s office. DailyMail.com reports that he is currently being held in a juvenile detention facility. 

The 10-year-old was arrested and charged with making a written threat after sending a text allegedly suggesting he was going to commit a mass shooting at his school in Cape Coral, Florida

Authorities also released the boy's mugshot on Monday while warning, 'fake threats' result in 'real consequences'

A 10-year old boy from Cape Coral was taken into custody and charged with making threats by writing. He sent a text suggesting that he planned to shoot down his Cape Coral school.

The boy was ordered to be detained for 21 days at Collier County Juvenile Detention Center in Naples, Florida ¿ 55 miles from his home

The boy was ordered to be detained for 21 days at Collier County Juvenile Detention Center in Naples, Florida – 55 miles from his home

Daniel’s nightmare began after the father of the boy that received the messages was concerned. He reported the matter to the Lee County Sheriff’s Department. They then unleashed all of their lawful force on the elementary school honors student.

Four days ago, the ‘threat’ was still in place after the Uvalde shooting, Texas school shooting, when a gunman shot and killed 19 kids and two teachers. 

The arrest report states that Daniel texted a friend saying, ‘I scammed friend’ and also included a Google image of money. 

“I purchased this,” he said, adding a few more seconds later and including an image of four assault rifles. 

A second message was sent by him, saying “Get ready to water day”, referring specifically to the event at the end of school year in which students engage in water sports.

Lee County Sheriff Carmine Marceno, in a radio interview, stated that his team never waited one second and said, “We investigate every threat like it’s true.”

“I ran a campaign. Fake threat. Actual consequence. He is only 10 years of age, but his brain still hasn’t developed. He is a youngster. The sheriff stated, “When a 10-year-old triggers a button, it is exactly the same,”

However, attorney Molloy – who is fighting for his release from detention – insists the texts were child-like humor and were taken out of context.

Daniel lives with his father, Dereck Marquez (pictured) older brother and grandmother in Cape Coral

The single dad moved to Florida in 2018 after serving in the infantry on Iraq and now works as a realtor

Daniel lives with his father, Dereck Marquez, older brother and grandmother  in Cape Coral. After serving in the infantry in Iraq, the single father moved to Florida and is now a Realtor. 

The attorney representing the young boy said his father - seen doting on his two sons in a TikTok video above - is very emotional about the arrest and what has happened to his child

According to the attorney representing the child, his father, seen in TikTok with his children above, was very upset by the news and how it affected his child.

Molloy said that Daniel was sending a text to a friend. Based on what Molloy reviewed, they were sending a series of messages about various subjects.

‘And within that was what I can only call an attempt at humor – but fifth-grader humor.

“He did make an unfortunate mention to assault rifles. But he was only joking and it wasn’t related to attacking schools. 

Molloy said the next conversation they had – which was ‘a little removed in time’ –was about how excited the boy was for the Water Day celebration at school, which is a traditional end to the school year. 

“There was no way to connect the two.” He added that there had to have been something humorous in the mix. 

“He did not say that he would open a school. The conclusion is coming. Further conversation ensues about Water Day, the events and other topics. 

“But nothing. Absolute nothing.

Molloy was an rstate and federal prosecutor who served for over 30 years. He revealed that the text were discovered by his friend’s father. 

He said, “The father had the opportunity to review them. I don’t know why.” “And this is when there’s a higher sensitivity to the two words assault rifles. 

Although Daniel didn’t actually use those words, Daniel used an image he found online. His father called Mr. Marquez, and he said that he had concerns over the text. “What does it actually mean?”

‘Mr. Marquez, who was not familiar with the situation, said that it was “just goofing about.” He told the father that he’d contacted the sheriff’s department.

The young boy is accused of sending a text that seemed to suggest he was going to shoot up Patriot Elementary School in Cape Coral where he just completed fifth grade

A text sent by the young boy suggested that he would shoot up Patriot Elementary School, Cape Coral. He had just finished fifth grade. 

The boy's attorney said Daniel is an 'honor roll student' and claimed his text message was taken out of context

Daniel, according to Daniel’s attorney, is an Honor Roll student. His text message was interpreted out of context by the boy’s counsel.

The fifth grader was awarded the 'English Language Arts Award' just a day before his arrest

A day prior to his arrest, the fifth grader received the English Language Arts Award. 

He also received a certificate for successfully completing fifth grade at the Cape Coral elementary school

A certificate was also presented to him for completing the fifth grade at Cape Coral Elementary School. 

The Cape Coral single family home of Marquez was visited by officers on Saturday. 

After serving as an infantryman in Iraq, Dereck, a single dad, moved to Florida and works now as a realtor. DailyMail.com reached him but he declined to respond.

Molloy said that Daniel’s dad told deputies that he understood their reason for being there. He also handed the telephone to them.

“He was then told by the police that this might be considered a threat, simply because they happen to be in the exact same timeline. Daniel was then taken into custody

They handcuffed him at the home of his son and placed him in the back seat of a patrol vehicle. He was forbidden from riding in his car, but I think he did meet his son at the sub-station of the sheriff’s office.

Attorney Douglas Molloy is now fighting for Daniel's release and insists the boy is a 'happy' student who comes from a loving and stable home

Douglas Molloy, an attorney representing Daniel in his case for release, insists that Daniel is a happy student and comes from stable and loving homes.

“Next Daniel” was charged with making the threat. He appeared before Lee County Courthouse Judge, who decided if probable cause existed.

Molloy stated that Daniel was being represented then by Mr. Marquez’s first contact on the phone. This was a highly skilled lawyer, and they contested the probable cause. He stated, “Look there is no threat. There’s not probable cause to keep him.”

“The judge disagreed, saying there wasn’t and Daniel must be kept for 21 days. Because the Lee County one is still under construction, he was transferred to Collier County’s juvenile detention center. He is currently there.

Molloy stated that Daniel was crying all day after being arrested. 

“I reached out the state attorney’s Office and we will be speaking about possible release,” he said.

‘My job is to get him out and to get him his life back – to not have everyone in that 10-year-old’s life look at him differently, forever. To have people still look at him as the honor student he is – and that this was tragic collateral damage amid the cancer that pervades American society at this time.

“His dad will be visiting him tonight. I will meet him tomorrow. We all have at least one 10-year-old living in our homes, so I will be moving my entire desk. 

“I have a grandson, and I don’t wish to go there. It’s hard for me to imagine what he might think if he were in this position.”

Molloy stated that Daniel is a happy, stable child. He added: “He’s a boy Scout, an excelling student, and he’s bookish. His sense of humor is infectious and he’s very smart. 

Sheriff Carmine Marceno laid into Marquez for his 'sickening' text message after he was arrested on Saturday

Marquez was apprehended by Sheriff Carmine Marceno for his text message.

Following the massacre in Uvalde, the sheriff of Lee County appeared in a video assuring residents his community that their kids were safe at school

The sheriff of Lee County, following the Uvalde massacre appeared in video to assure his residents that their children are safe. 

“He is quiet and reserved. He’s a wonderful child. While he may not be a loner or troubled by his appearance, he’s happy in fifth grade.

“What happened to him was something more than unfortunate.”

Molloy stated that he did not know whether Daniel was aware of recent mass shootings occurring in Texas or other areas. 

“His father gave the telephone to the officers as he thought it was a joke, perhaps not the best thing to do,” he stated. 

“I don’t know how Daniel knew so much about Texas or what happened in Buffalo.

Molloy was asked if his son’s father thinks Sheriff Marceno’s hardline tactics are too harsh. He replied: “Mr. Marquez was very affected by the events that have occurred to his son and is extremely emotional.

In Uvalde, Texas, Salvador Ramos, 18, barricaded himself in a classroom and killed 19 kids and two teachers before being shot dead by police last week

Salvador Ramos (age 18) robbed a Uvalde school and murdered 19 students and 2 teachers, before being fatally shot by officers last week.

“We are talking here about a single dad who is involved in school activities, and who volunteers at school. While his concerns revolve around Daniel, I believe that he doesn’t think he’s ever considered the consequences of the actions taken by the sheriff’s department.

“His emotions and brain are right now for his son. The only reason he doesn’t sit here now is that he has difficulty processing the information.

He is only concerned for his son’s current and future. He is thinking about Daniel’s future and how he will be treated when he returns to school.

Molloy would not criticize the sheriff’s office and said he understands the necessity for an investigation.

He stated, “I don’t think it’s faultable and can see the reasons for it,”. “You can never predict what will happen in any given situation. That’s why I didn’t blame the investigator.

“That said, there’s a 10-year old who is being made a mess because of the problems we have in our country. It is worth asking the question, “Would Daniel’s situation have changed if Texas had not been so tragic in our minds?”

According to him, Daniel is held in an isolated room at the center detention center due to his age.

However, he said that all the staff in the juvenile court system are dedicated professionals. They respect his age as well as who he may be.

President Joe Biden and First Lady Jill Biden visit and lay flowers at a memorial in front of Robb Elementary School in Uvalde, Texas

Jill Biden, First Lady and President Joe Biden visited Robb Elementary School in Uvalde Texas to lay flowers and honor their loved ones. 

“This system is designed to suit the individual. If there are anomalies in the system they will be on increased sensitivity.

“I’m sure he is being given the best possible treatment under these circumstances. His father has kept in touch with him. He is polite, responsive and cooperative in his detention.

Molloy was asked if there were any weapons at Marquez’s house. He replied that he didn’t think so, and certainly not assault rifles. The answer to my question about unsecured firearms was “no.”

Sheriff Marceno, a politically-connected Republican who calls himself ‘Florida’s Law and Order Sheriff,’ has been in office since he was appointed by former state governor Rick Scott in 2018. He won election in 2020.

Fox News host Sean Hannity calls him a friend. Hannity described Hannity as a’very hard-working, law-abiding officer who is a dedicated servant of the public.” 

Marceno said Marceno was justified in the perp walk after the arrest of the boy. Every threat until proved false is real.

“You won’t be allowed to enter one of the schools I run in your county, and then present deadly force.” Because we meet deadly force… without hesitation.’