Student Rights in School

[JAdvocate]

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

Should school officials have made my child 18yrs aware of her right not to self incriminate before questioning her of illegal activities and then telling her to write her statement? This was all done behind closed doors, while telling her she would be in trouble if she did not talk.

 

[CdwJava]

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

Should school officials have made my child 18yrs aware of her right not to self incriminate before questioning her of illegal activities and then telling her to write her statement? This was all done behind closed doors, while telling her she would be in trouble if she did not talk.

As a legal adult, any legal issues are your daughter's, not yours.

Schools are permitted to conduct their own administrative investigation and Miranda does not generally apply unless the school is acting as an agent for law enforcement. Typically schools will inform students that they must write a statement of events or face administrative discipline. Your daughter could have refused and taken her chances with a suspension or expulsion, but that was her call.

If she is being charged with a crime, she needs to speak to a criminal defense attorney ... school issues may be the least of her worries.