Juvenile Law FAQs
- Read the school handbook
- Talk to your child
- Document with child and school previous problems with bullying, threats, etc.
- Document with police, if appropriate, immediate threats
- Look into options to keep child safe — for example criminal harassement orders, no trespass, or restraining orders
- Get to know the school faculty, programs, etc
- Stay involved even after problems arise
- Help your child with school assignments. Seek professional counseling or educational advocates.
Other areas of a restraining order concern include “contact”. For example, sending a birthday card or having a family member contact a victim that has filed for a restraining order can be construed as a violation and may result in jail time.
Each case is different. Was there violence, rape, or use of a gun to commit the crime? Was it a hate crime or were large quantities of drugs involved? Was it a highly publicized crime? These can aggravate sentencing and lead to jail time. However, there are a number of options that we can explore.
Schools have an obligation and duty to protect students. Many actions are listed in student handbooks and spelled out in a very detailed way.
My child was involved in a school fight – and the school suspended him. The police sent us a summons. Should we talk with them, have my son admit his guilt and apologize? Remember — anything you say can be used against you and it will follow your son for decades to come. Here’s what to do: 1) Speak to an attorney first! A simple school fight is no longer just boys will be boys. Now schools are mandated to take remedial action and the police often times become involved. Witnesses at school are often involved, multiple pieces of evidence may be assessed against your child and you may not be aware. The days of informal handling of cases is long gone.
Schools are under a duty to protect their student body and must also eere on the side of caution. Recent school tragedies have forced a knee jerk reaction among schools, police, and prosecutors. Apologies may be admissions that may be later used against you. You should speak with an attorney first. The child should be informed of their 5th amendment rights. (The 5th Amendment applies here and the child has the right to remain silent)