- May 8, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Regarding Son’s Suspension and Disorderly Conduct Ticket
My son, aged 17, was recently reported for engaging in inappropriate behavior with a girl during a study hall session. This incident occurred in a classroom with little supervision, which was an unfortunate choice of venue on their part. Other students reported them, leading to an investigation by the assistant principal along with a resource police officer.
During the questioning process, the girl was questioned first, followed by my son. It was determined that their actions were a mutual display of affection, rather than a case of sexual assault. Despite this, both students received suspensions as a consequence of their actions. While I am accepting of the suspension as a disciplinary measure, I am concerned about the decision to issue my son a disorderly conduct ticket with a fine of $439, especially considering the girl involved did not receive a similar penalty.
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## Further Details and Clarifications
To provide additional context, it is important to note that the students involved in the incident are 24 months apart in age. The school policy on inappropriate touching was violated, leading to the disciplinary actions taken against my son. While he acknowledges his mistake and is willing to accept the consequences, the concern lies in the involvement of the police and the pressure placed on a minor to self-incriminate.
Moving forward, the focus remains on addressing the legal aspects of the situation and ensuring that your son’s rights are protected throughout the process. The **AI Legalese Decoder** can be a valuable resource in navigating the complexities of this case and determining the best course of action to protect your son’s interests.
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****** just grabbed a
I would ask a local lawyer. In my area 17 is still technically a minor. If they’re questioning him for criminal activity, then a parent and/or lawyer should have been present.
Two kids making out is a criminal act?
I bet the judge will be incredulous when the disorderly conduct charge hits his bench. He may actually chuckle aloud.
If it was just “making out” the punishment is pretty severe. But since you said there was some inappropriate activities in a school, I think this is just a teachable moment for your son. There’s a time and place for everything, I think he knows that now.
There’s no way this is the full story
In South Carolina the Police can interact and question minors without a parent or guardian present. However, if they are “detained” then the parents must be notified. I taught my high schooler that if any questions get intrusive or uncomfortable to ask if they are being detained. If not then they should turn around and walk away. If they are then demand parental notification and shut up.
This sounds suspect. I’d contact an attorney. The key point is to keep it off his record; am attorney may cost more than the ticket unfortunately.
…..smh…..things different from when I was in school.
he probably violated school policy by displaying inappropriate affection. also, age of consent, the girl could be under the age of consent (16 in most states) and him being 17 could be why he was fined.
like I said with age of consent, they had the right to question him and fine him. no civil rights violation.
In Texas they are not required to notify a parent before questioning, and they are legally empowered to lie to a child to get the result they want. Ask me how I know.
If the school was questioning him, the law enforcement officer had no legal requirement to read him his Miranda Rights or have a parent/guardian present. Just as school personnel can search a student without probable cause.. anything found by the school can be charged by the officer. Could depend on the state.
But if he was speaking with school staff with an officer present not asking the questions directly… likely no violation of his rights.
I just have to say, the whole situation bathers me on a fundamental level, legal or illegal.
i had my rights read to me at 14 in school, in the early 2000s. hopefully you play the shut fifth up video for him, and you will need to look up your state to verify if this is a ticket or a misdemeanor., and how long it stays on your record, to see what further action to take.
if police are called assume someone will be hauled in cuffs. sadly in the adult world and post columbine zero tolerance school, admitting fault is a good way to get cruel and unusual punishment, relative to earlier generations.
might have a case to get it thrown out if he was not read his rights, if its more than a ticket and i suspect it is charges.
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This is probably entirely going to depend on the state you live in.
How…. How does this go from school to questioned with police present? Feels like there more to this story.
Cops don’t get called for PDA…and if they now do….holy fuck we live in a messed up country.
I’m sure this is highly dependent on the state it took place in.
They’re saying in lewd conduct because he’s trying to use scary tactics for the simple reason he was in the wrong for fines against your son … if there is video and there should be for evidence… the officer could get in trouble for talking about the issue with other adults at school including school officials… Parents should always be involved in manners at school and if no parents available ,school attorneys/cps are notified till parents are shown up… no other adults should be in the matter…. This could be a lawsuit.
I would at least consult a lawyer about the fine to see if what he did meets your jurisdictions standards for disorderly conduct. But as far as your main question, yes they can do that and it’s not a rights violation. If you need help and initiate the contact it’s okay to talk to the police. But if your conduct is being questioned by anyone, keep your mouth shut.
Get him a lawyer, now. This doesn’t look good.
Land of the free
Unfortunately, in the US it is seldom that you have a group of lawyers defend your right out of some altruistic need and desire to do such.
But, you can, wholeheartedly, purchase all the legal help you think you might need or want.
That being said, go hire a lawyer after you consult with at least three and discuss what might be possible, and how much that end result might cost you.
A civil rights violation in federal court, could pay for juniors college, or seeking it might turn your finances upside down.
I say go for it, at least, do the consultations and get a wee education on how “it” works in the US.
Police technically can’t question a minor without an adult present (parent/guardian or lawyer) in my state. Doesn’t mean it won’t happen. Cops break the laws all the time
What country is this that teenagers kissing is a finable offence?
Was there more to it that’s missing from the story?
I don’t know about the laws in your state. All I can tell you is the laws in the three states that I worked in in all three states. If you were under the age of 18 you had to have a parent present if a police officer was conducting any kind of interrogation for criminal purposes. So by your description by not having a parent there, he violated your sons rights. Furthermore, the ticket could be thrown out based on that fact. But before pushing an issue, I definitely contact a lawyer because I’m no lawyer. I’m a former probation officer.
If he is under 18, without knowing more specifics, he is a minor and everything about it is illegal without an adult representing his interests and advising him.
What does any of this have to do with civil rights?
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Fight everything, try to get it dismissed, if not get it sealed in a juvenile record. Everything that shows up on a background check is a future headache. Don’t take it lightly.
Tangentially relevant
https://www.aclu-wa.org/news/new-law-puts-washington-forefront-protecting-youth-rights%E2%80%AF
Yes what they did was fine and no you have no legal recourse to fight the ticket.
Because your child was no arrested or detained they have no right to legal counsel. Police can question minors without lawyers or parents present if they aren’t being detained. Minors get tickets all the time from police for things such as drinking in the park or skateboarding in no skateboarding areas and the police can question those minors as long as they aren’t being detained or arrested.
I would check your state law and local school board policies on what your rights as a parent are when your child is in school. In the state I reside in if a child needs to be questioned for any reason parents have basically have no rights once the child enters the school building, unless the child requests parental presence. This is never told to the child. Our child was questioned by police and school administrators after overhearing another student plan school violence. Both my husband and I are teachers in the same building but had no idea what was happening. I heard about from other students. For the 3 students trying to do the right thing, they were treated as criminals and their parents had no clue. Yet this was the law.
Really, fined and suspended for kissing his girlfriend at school? That is the funniest and yet most pathetic thing I’ve heard all day. Poor kid. Where in the hell do you guys live and remind me to never go there.
What a fucking pig, what kind of cop does that? Should be fired
My brother was caught smoking pot when he was 16 the officers were allowed to question him but they didn’t arrest him because he was a minor they just drove to my moms house told her then went on with their day
Why were the police even involved? What kind of nazi boot camp school is this?
The law can be different with a 17 year old vs a 15 year old. But take the ticket to court and ask a judge to drop it on the grounds that it is excessive for the circumstances.
Has no one asked why only the boy was ticketed ?
The fact that the girl didn’t get the same charge is great evidence that the cop was being retaliatory. Fight it.
So how the fuck does any of this equate to a civil rights violation? Your kid was in study hall, supposed to be doing school work and he was making out with some girl instead? No wonder your kid is in study hall they’re already not that damn bright.
I teach in a high school in CA. I had a kid jerk off in class and all he got was a 1 day suspension.
Moral police out in force….
I would be in prison for life during my high school years… wtf?