Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Education Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Closed Thread
 
LinkBack Thread Tools Rating: Thread Rating: 2 votes, 5.00 average. Display Modes
  #1  
Old 04-21-2009, 05:16 PM
Junior Member
 
Join Date: Jan 2006
Location: Georgia
Posts: 18

Criminal Trespass at school


What is the name of your state (only U.S. law)? Georgia

My 17 year old son was charged with Criminal Trespass by an Officer of the XX School District Department of Public Safety. He is currently enrolled as a student in this same school district at a different campus and happened to be at "HER/THE OFFICER'S" campus to pick up some of his friends after school had been dismissed.

I have several questions/concerns because the campus he "supposedly" committed this offense/crime is his 'home school' that he will be receiving his high school diploma from. There wasn't any sort of altercation, fight, or problems, but apparently his mere presence at the school offended the officer. She was adamant when I spoke with her on the telephone that my son CANNOT step foot on ANY XX XX School District campus except for the one he attends. She even stated to me, in NO uncertain terms, that he CANNOT EVEN ATTEND A BASKETBALL GAME!!.

It's also important to note that I first heard about all this from a counselor at the campus my son attends. The counselor was on the phone with me saying she got an e-mail from the principal of his home school and she was trying to give me a "heads up". Quite admirable on the counselor's part if you ask me. While the counselor and I were talking, the Officer from the home school walked in to the counselors office to inform us about the charges. That's when I had the pleasure of speaking with the "Officer" on the telephone.

I asked if it would be a problem if my son went to see a program/event at the school where his little brother attends (who is a 6th grader in the same district) and she said "NO!! He cannot go to any XXX School District campus".

I asked her if he could provide transportation to some of the other students in our neighborhood if they missed the bus and she told me again "NO!! He cannot go to any XX School District campus".

I feel my son is being unfairly treated and discriminated against. With the arrest, he is potentially missing out on future employment and educational opportunities.

By the way, it took a full week before this officer had the time to swear out the warrant for his arrest. I believe that is unreasonable and if someone is committing a crime, they should be apprehended and arrested ON THE SPOT.

She also told me that "As a courtesy, I'll let you know when I take out the warrant so that you can turn him in and avoid the embarrassment of Sheriff Deputies coming to your home". Well, she LIED. The XX Sheriff Deputies (2) came to my home the following week and thankfully, they were kind & polite. At least they allowed me to turn him in 'after he got our of school' instead of going to the campus he attends to arrest him.

Perhaps I'm jumping to conclusions, but, my son is white/hispanic and most of his friends are black. I am white and my husband is hispanic. We have 3 children that attend XX School District campuses. I graduated from the same high school in 1983. My oldest son graduated last September from the same high school (diploma to be given at the end of the current school year). My son that was arrested is to graduate next month from the same high school (diploma to be given at the end of the current school year). My 12 year old is a student in middle school in this same district.

I also think it's relevant to mention that me and my husband own 2 homes in this county as well as a business. We pay our PROPERTY TAXES to XX and the City of XX . We pay our INCOME TAXES to the State of Georgia and the US Treasury. If you look up the policies of our school district, they refer to us as 'consumers'?!?!?!?!

The XX School District has not responded to my inquiries nor has anyone from XX High School told me what to do regarding graduation ceremony attendance. Isn't it scary to think your child (children) could be arrested for getting their high school diplomas?????

Also, in the time since my son was arrested for this 'crime', has been to two school-sponsored events at other XXX School District campuses to tutor elementary students in math and mentor middle school students. Thankfully, the Officer that pressed these charges was not present because he could have "technically" been arrested again. My son has also worked on a school-sponsored church clean up project in our community - something else this officer might have a problem with. SHE HAS THE POWER AND IT IS BEING ABUSED. I believe it's called excessive & arbitrary abuse of power.

Please, please advise. Any comments are also welcome in the event other parents and their children are being treated in the same manner.

Last edited by m martin; 04-22-2009 at 01:17 PM.
  #2  
Old 04-21-2009, 05:36 PM
Senior Member
 
Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,318
Quote:
Originally Posted by RNTCB View Post

Perhaps I'm jumping to conclusions, but, my son is white/hispanic and most of his friends are black. I am white and my husband is hispanic. We have 3 children that attend XXX School District campuses.

If you explain why your son is not wanted, it would probably help you get some answers.

Last edited by m martin; 04-22-2009 at 01:18 PM.
  #3  
Old 04-21-2009, 05:40 PM
Junior Member
 
Join Date: Jan 2006
Location: Georgia
Posts: 18
If I knew why, perhaps I wouldn't feel he was being discriminated against.
  #4  
Old 04-21-2009, 05:42 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by RNTCB View Post
If I knew why, perhaps I wouldn't feel he was being discriminated against.
**A: there is a lot more to the story.
  #5  
Old 04-21-2009, 05:46 PM
Senior Member
 
Join Date: Jan 2005
Posts: 14,766
Quote:
Originally Posted by HomeGuru View Post
**A: there is a lot more to the story.
And the majority of it is not to be found in the Trivia Jamboree that is Post #1.
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
  #6  
Old 04-21-2009, 06:21 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,229
He has no right to set foot, sporting event, giving friends rides, or otherwise, in places he has been ordered to stay away from. You haven't said what got him in to this mess, but frankly the school system really doesn't even have to have to articulate a reason, but I'm sure they did.
  #7  
Old 04-21-2009, 06:35 PM
Junior Member
 
Join Date: Jan 2006
Location: Georgia
Posts: 18
Well, well, no there was no reason given about why. That's why it's wrong.

For those who may not know the policies of this school district:

Board Administrative Rule JB (Equal Educational Opportunities) Definitions:
"Student" means a person enrolled in one of the schools or instructional programs operated by the District. My son is by definition included and should not be excluded.

On that note, I have to wonder why none of the Administrative Personnel at either campus were compelled to administer "Disciplinary Action" according to the Policies and Code of Conduct stipulated by the XXX School District. The offense might have been "Loitering" or "Disruption of School". But it certainly didn't justify the actions taken by the Officer.

Additionally, the school district has policies and Fee Schedules in place for others who utilize the Facilities. Some are allowed access if they pay the money, others are allowed access for free. In the spirit of protecting and ensuring the safety of students, I wonder if the folks charged with that task are truly working in the direction they were sworn to by the Board.

Administrative Rule; School Philosophy states "We believe that it is the responsibility of every person involved in the operation of the XXX School District to promote a spirit of cooperation within it and to offer constructive criticism in a manner that promotes progress and preserves the dignity of the individuals who are a part of the school system.".

Since I have a vested interest in this institution, I believe each and every person that steps within 1,000 feet of any XXX School District campus should be scrutinized and subjected to the same principles, morality, legalities just in the same manner as my son is being accused.

I have been to many sporting events, tournaments, festivals, plays, band/orchestra shows held at school facilities throughout the state - not just in XXX . I have NEVER been questioned about my legal rights to be present. Actually, on many occasions, I had to pay admission to observe my children participate (something I feel is absurd - especially since I already support the school facilities through taxation by FORCE). As a parent of 3 sons who have been involved in local, regional and state level athletic competitions (soccer, football, basketball, swimming, diving) and a lot of those times at different school campuses, I never, ever felt unsafe.

MAYBE WE SHOULD HAVE AN OFFICER AT EACH ENTRANCE OF EVERY INSTITUTION TO SCRUTINIZE AND QUESTION EVERYONE. MAYBE THEY SHOULD CHECK THE I.D. AND COMPARE THAT TO THE SEX OFFENDER LIST AND THE CONVICTED FELON LIST.

Really, at this point, it's not just about the wrongful arrest. It's about who is allowed to be or do anything within our society that is so very quick to judge.

Last edited by m martin; 04-22-2009 at 01:21 PM.
  #8  
Old 04-21-2009, 06:45 PM
Junior Member
 
Join Date: Jan 2006
Location: Georgia
Posts: 18
Quote:
Originally Posted by FlyingRon View Post
He has no right to set foot, sporting event, giving friends rides, or otherwise, in places he has been ordered to stay away from. You haven't said what got him in to this mess, but frankly the school system really doesn't even have to have to articulate a reason, but I'm sure they did.
That's what I'm trying to tell you all. There was no reason given for this action by the Officer. I have been trying to dissect and figure out the why. And so far, no answers. I just came on to this forum for advice .

Look, my son is a good kid, he goes to school, will graduate next month, and he works at a local restaurant. I'm not going to bust his balls for not cleaning his room or doing his laundry as fast as I'd like to see. I WILL stand up for him and fight for his rights.

If not a single person on this site can help me, then, PLEASE, keep your judgmental opinions to yourselves.

Last edited by m martin; 04-22-2009 at 01:21 PM.
  #9  
Old 04-21-2009, 06:51 PM
Junior Member
 
Join Date: Jan 2006
Location: Georgia
Posts: 18
Quote:
Originally Posted by FlyingRon View Post
He has no right to set foot, sporting event, giving friends rides, or otherwise, in places he has been ordered to stay away from. You haven't said what got him in to this mess, but frankly the school system really doesn't even have to have to articulate a reason, but I'm sure they did.
You're right - That's the really sad part. They don't have to articulate a reason - and they didn't. Except for the fact that his mere presence was a problem.

So, in the future, if anyone has a problem with me, they could lock me up for criminal trespass by dropping off or picking up my 12 year old????? Everyone should be afraid, be very afraid. I don't want to live in a community like this.
  #10  
Old 04-21-2009, 06:52 PM
Senior Member
 
Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,318
Why doesn't he attend that school?
  #11  
Old 04-21-2009, 07:07 PM
Junior Member
 
Join Date: Jan 2006
Location: Georgia
Posts: 18
Quote:
Originally Posted by Stevef View Post
Why doesn't he attend that school?
Because he was assaulted by another student last year at his home school. I transferred him to the campus he attends now on the recommendation of the graduation coach. Yet he is supposed to get his diploma from the home school. Irony?!?!?!?!
  #12  
Old 04-21-2009, 09:00 PM
Junior Member
 
Join Date: Jan 2006
Location: Georgia
Posts: 18
Quote:
Originally Posted by RNTCB View Post
Because he was assaulted by another student last year at his home school. I transferred him to the campus he attends now on the recommendation of the graduation coach. Yet he is supposed to get his diploma from the home school. Irony?!?!?!?!
I still don't understand why I'm not getting answers from the supposed experts on this forum. Actually, I sense that maybe the Moderators are working feverishly behind closed doors to ensure total demise of my son and our entire family. This is a really sick & twisted way of enticing people that are in a serious position.

You all need help and I hope you're not a worm (like the last person I dealt with).
  #13  
Old 04-21-2009, 09:07 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by RNTCB View Post
I still don't understand why I'm not getting answers from the supposed experts on this forum. Actually, I sense that maybe the Moderators are working feverishly behind closed doors to ensure total demise of my son and our entire family. This is a really sick & twisted way of enticing people that are in a serious position.

You all need help and I hope you're not a worm (like the last person I dealt with).
**A: your thinking is really pathetic, and your emotional demeanor overwhelms the real legal issues. You need more help than your son, and I am not talking about legal help but mental help. You must live in fear or have the idea that everyone is against you and your family. Why don't you spend some money and hire your own attorney. Then you can actually pay for advice you don't like.


signed,

Earth Worm
  #14  
Old 04-21-2009, 09:25 PM
Junior Member
 
Join Date: Jan 2006
Location: Georgia
Posts: 18
Quote:
Originally Posted by HomeGuru View Post
**A: your thinking is really pathetic, and your emotional demeanor overwhelms the real legal issues. You need more help than your son, and I am not talking about legal help but mental help. You must live in fear or have the idea that everyone is against you and your family. Why don't you spend some money and hire your own attorney. Then you can actually pay for advice you don't like.


signed,

Earth Worm
Dear Earth Worm,

You've just confirmed the reason I think most (not all) people suck. And, yeah, go lay down with your pathetic dog or cat that probably HAS WORMS and revel in the companionship it offers. You belong with the low-life simple beings. Go get yourself some therapy!!

I'm not here for that - apparently you are. Have A Great Life!
  #15  
Old 04-21-2009, 09:40 PM
Senior Member
 
Join Date: Feb 2002
Location: Bikini Atoll
Posts: 5,536
Looks like the refund line today has gotten much longer.
__________________
It's no wonder that truth is stranger than fiction. Fiction has to make sense. ~ Mark Twain
Closed Thread



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:21 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.