Son and delivery charge

[101PARENT]

What is the name of your state? PA
Wow - I am so frustrated at my son, school, etc
Another child at school was caught with weed. - He told the principals that he got it from my son. Before I got there my son wrote a confession - after denying it many times. He told me later that he wrote it so they would leave him alone. - Knowing my son this is so true. No one saw this go down - The other child claimed he gave $5 to my son for it. There was no $5 found and it was only 10:30 in the morning. I am so frustrated because all they have is his hand written statement. Everything I have read on the internet tells me the school doesn't have to get consent to get statements and basically the student has no rights! - I had him drug tested that day and it came back negative. I am not usually the most trusting person but he said after we left and I asked him to tell me exactly what happened - the other child gave it to him and he did not want it so he gave it back. I wish I knew how the other child got caught! Oh this is so overwhelming for me - I know for a fact the drugs did not come from home. I searched his room that day! - I just feel like I could jump out of my body and run away - I feel so helpless. I have contacted an attorney but of course they are very busy. Well if anything it helps to share! - Thanks

 

[Just Blue]

What is the name of your state? PA
Wow - I am so frustrated at my son, school, etc
Another child at school was caught with weed. - He told the principals that he got it from my son. Before I got there my son wrote a confession - after denying it many times. He told me later that he wrote it so they would leave him alone. - Knowing my son this is so true. No one saw this go down - The other child claimed he gave $5 to my son for it. There was no $5 found and it was only 10:30 in the morning. I am so frustrated because all they have is his hand written statement. Everything I have read on the internet tells me the school doesn't have to get consent to get statements and basically the student has no rights! - I had him drug tested that day and it came back negative. I am not usually the most trusting person but he said after we left and I asked him to tell me exactly what happened - the other child gave it to him and he did not want it so he gave it back. I wish I knew how the other child got caught! Oh this is so overwhelming for me - I know for a fact the drugs did not come from home. I searched his room that day! - I just feel like I could jump out of my body and run away - I feel so helpless. I have contacted an attorney but of course they are very busy. Well if anything it helps to share! - Thanks

Did you have a legal question for us?

 

[Litigation!]

What is the name of your state? PA
Wow - I am so frustrated at my son, school, etc
Another child at school was caught with weed. - He told the principals that he got it from my son. Before I got there my son wrote a confession - after denying it many times. He told me later that he wrote it so they would leave him alone. - Knowing my son this is so true. No one saw this go down - The other child claimed he gave $5 to my son for it. There was no $5 found and it was only 10:30 in the morning. I am so frustrated because all they have is his hand written statement. Everything I have read on the internet tells me the school doesn't have to get consent to get statements and basically the student has no rights! - I had him drug tested that day and it came back negative. I am not usually the most trusting person but he said after we left and I asked him to tell me exactly what happened - the other child gave it to him and he did not want it so he gave it back. I wish I knew how the other child got caught! Oh this is so overwhelming for me - I know for a fact the drugs did not come from home. I searched his room that day! - I just feel like I could jump out of my body and run away - I feel so helpless. I have contacted an attorney but of course they are very busy. Well if anything it helps to share! - Thanks

My response:

It's never your son. It's always someone else, right?

IAAL

 

[101PARENT]

Legal questions - lots

I do have many legal questions - I am waiting for my attorney to call back -
Is there anything we can do to get the charges lighten or even wiped away. - How does the courts work for the offender - does he have to be proven guilty or is his statement enough? - thanks

 

[101PARENT]

litigation

Thanks - and do you know that sometimes it is someone else. - But I really don't have the energy to discuss this with you.

 

[notsmartmark]

What are the outcomes? Did the school suspend/expel your son? Is the school requiring anything of him to return to school? Was he referred for prosecution? These events will have a means of response.

 

[101PARENT]

Charges

He is being charge with a felony, suspended for 10 days - and I have to go in front of the asistant superintendant of the school to see if they will let him back in. - they will do drug assessment on him - I am not waiting for them - He has an appointment on Tuesday and as I said I had him drug tested that day he was suspended. I have not received any formal notices as of yet but it was only a couple days ago.

 

[notsmartmark]

You NEED a lawyer for your son regarding the felony.
You NEED to find out if the school hearing is an expulsion hearing. If it is you should consider retaining a lawyer who specializes in handling school juvenile expulsion hearings.

Here's a good website regarding expulsion:
http://www.aclupa.org/education/studentmanual/studentdiscipline/expulsions.htm
and suspensions:
http://www.aclupa.org/education/studentmanual/studentdiscipline/suspensions.htm

 

[CdwJava]

If it were just the other kid's statement without any corroborating witnesses or evidence, then the charge aganst your son would likely disappear. Unfortunately, he wrote a confession. My guess is that your attorney will argue that it was made under duress just as your son said. However, the state will likely have witnesses to say that your son freely admitted to it without coersion.

I would expect a plea deal to be coming down the pipe.

- Carl

 

[101PARENT]

thanks

I guess that is all I can hope for at this point.