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NH - son in trouble at school. Recently served summons. What's next?

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reason4yourself

Junior Member
What is the name of your state (only U.S. law)? NH

Our 11yo son apparently made remarks at school that got him into trouble. He was questioned by both school admin and an officer stationed at the school without either parent present. It appears 1 or 2 other children had made claims about what he said to them individually with no other witnesses present.

I briefly spoke to the officer after the fact (days after the incident and after he questioned our son without us present) just to obtain his perspective of the event.

A few days ago we were served to appear tomorrow. I should add that the details of the alleged offense described in the summons do not match what the officer had described to me via phone. The details describe an incident more serious than what he had described and that concerns me. He also mentioned the possibility of "diversion" but the document says the "offense may preclude diversion".

I would like to understand our options. I would also like to understand our son's rights, especially with regard to the fact that he was questioned alone without a parent present.

First, what type of motion can we file to get an extension? We have had less than a week from the time the summons was served to the court date. We need more time to speak with an attorney and prepare. I do not know which of the forms on http://www.courts.state.nh.us/superior/forms/formsnumeric.htm is appropriate for requesting an extension. At what point do we submit the request?

Next, I am recently unemployed and my ex who has custody of our son is employed with low earnings. We do not have the means to hire an attorney but feel one is needed. We tried to get through to NH Legal Aid for a few days now unsuccessfully even after long periods on hold...our online application has gone unanswered. How do we go about requesting a court appointed attorney? Is that request made when we are present at Court tomorrow?

Any guidance would be appreciated. Thank you.
 



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