Son Fingered For Distribution, no actual proof at all!!

[JchDenver]

So, a few months ago, my son(14) broke into my wife's room and stole one of her pipes. She is legal in Colorado to consume medical marijuana. All her stuff is locked up, but locks only do so much, kids are very smart these days. So apparently he took the pipe and gave it to one of his friends. Well fast forward a few months, and the other child's mother discovered the pipe and the kid gave up my son as the one who gave it to him, as he should. Well the hand off must have went down at school, because the school called him into the office and confronted him about it. Knowing he was busted he admitted to giving away the pipe. So he got suspended for 10 days, 5 of them being waived if he attended a class. So today was the 2nd day of his suspension, my wife gets a call to come attend a meeting at the school. What happened next is where I am having the problem. Today, the school busted 5 students in possession of marijuana. They all claim that they got it from my son. When the school suspended him the other day, they did a complete search of his locker and all his belongings and his person, including a K-9 search. They came up with absolutely nothing, he was in possession of no contraband whatsoever. So based purely off of the testimony of these 5 children, the school has set up an expulsion hearing. Now I know in my day, when someone in school got into any kind of trouble, the whole school knew about it before the end of the day. Today with cell phones and Twitter and Facebook, it was probably a matter of minutes before everyone in the school knew what happened. The point I am getting at is that when faced with the choice of turning in a friend or someone dangerous, why not say the name of the kid who just got in trouble for paraphernalia? He is the obvious choice of course. However, will not admit to the distribution charges, he is claiming innocence. The other 5 kids got tickets on the spot, but my son did not. A few hours later my wife got a call that basically went something like "if your son admits to the distribution he will be expelled, but we will allow him to finish his schooling online and he can come back next year. He would also be issued a ticket. But if he continues to claim innocence we will expel him and he will have to repeat the 8th grade and he will be expelled for one calender year so he will start school in the second trimester. As well as a ticket." This to me sounded like a desperate tactic to get him to admit to something he didn't do so they wouldn't have to go through the trouble of finding the real distributor. If they had any kind of physical evidence then there would not be any kind of attempts to get a confession out of him. But the only thing they have are the claims of 5 students who are not credible themselves, as they were just busted with marijuana, and I am sure they would say anything to help get themselves off. Also the fact that the police did not issue a ticket to him, because they know they have no proof. I could get 20 people to say that the principal was selling pills out of the trunk of his car, but that means absolutely nothing if there is no evidence of that statement beyond what someone says about another person.
I am not trying to say that my son is the worlds greatest kid, but he will fess up when he gets caught doing something he shouldn't. The fact that he absolutely will not say he did it leads me to believe that he is innocent.
My question is what are our options in this situation? I don't believe the school has a leg to stand on. They have no actual proof at all. Can they expel someone just because someone else claims they did something? It sounds a little bit crazy to me. Should I seek legal representation?
Sorry for the incredibly long post, but its kind of an elaborate situation.
Thanks in advance for any advice anyone has.

 

[sandyclaus]

So, a few months ago, my son(14) broke into my wife's room and stole one of her pipes. She is legal in Colorado to consume medical marijuana. All her stuff is locked up, but locks only do so much, kids are very smart these days. So apparently he took the pipe and gave it to one of his friends. Well fast forward a few months, and the other child's mother discovered the pipe and the kid gave up my son as the one who gave it to him, as he should. Well the hand off must have went down at school, because the school called him into the office and confronted him about it. Knowing he was busted he admitted to giving away the pipe. So he got suspended for 10 days, 5 of them being waived if he attended a class. So today was the 2nd day of his suspension, my wife gets a call to come attend a meeting at the school. What happened next is where I am having the problem. Today, the school busted 5 students in possession of marijuana. They all claim that they got it from my son. When the school suspended him the other day, they did a complete search of his locker and all his belongings and his person, including a K-9 search. They came up with absolutely nothing, he was in possession of no contraband whatsoever. So based purely off of the testimony of these 5 children, the school has set up an expulsion hearing. Now I know in my day, when someone in school got into any kind of trouble, the whole school knew about it before the end of the day. Today with cell phones and Twitter and Facebook, it was probably a matter of minutes before everyone in the school knew what happened. The point I am getting at is that when faced with the choice of turning in a friend or someone dangerous, why not say the name of the kid who just got in trouble for paraphernalia? He is the obvious choice of course. However, will not admit to the distribution charges, he is claiming innocence. The other 5 kids got tickets on the spot, but my son did not. A few hours later my wife got a call that basically went something like "if your son admits to the distribution he will be expelled, but we will allow him to finish his schooling online and he can come back next year. He would also be issued a ticket. But if he continues to claim innocence we will expel him and he will have to repeat the 8th grade and he will be expelled for one calender year so he will start school in the second trimester. As well as a ticket." This to me sounded like a desperate tactic to get him to admit to something he didn't do so they wouldn't have to go through the trouble of finding the real distributor. If they had any kind of physical evidence then there would not be any kind of attempts to get a confession out of him. But the only thing they have are the claims of 5 students who are not credible themselves, as they were just busted with marijuana, and I am sure they would say anything to help get themselves off. Also the fact that the police did not issue a ticket to him, because they know they have no proof. I could get 20 people to say that the principal was selling pills out of the trunk of his car, but that means absolutely nothing if there is no evidence of that statement beyond what someone says about another person.
I am not trying to say that my son is the worlds greatest kid, but he will fess up when he gets caught doing something he shouldn't. The fact that he absolutely will not say he did it leads me to believe that he is innocent.
My question is what are our options in this situation? I don't believe the school has a leg to stand on. They have no actual proof at all. Can they expel someone just because someone else claims they did something? It sounds a little bit crazy to me. Should I seek legal representation?
Sorry for the incredibly long post, but its kind of an elaborate situation.
Thanks in advance for any advice anyone has.

If your smart kid decided he needed to look for your wife's pipe, chances are he's a lot more involved in the drug scene than you might realize. That goes double when 5 of his closest friends are busted for marijuana possession in school. A good kid probably isn't going to be that involved a friend who is using marijuana - let alone 5 of them.

This is a school situation, and the administrators are probably erring on the side of caution - as well they should when it comes their students using drugs and possessing drugs and paraphernalia on school grounds. Quite honestly, given the situation, I really don't think your son is telling you the whole truth. As kids get older, the consequences for their actions become more and more severe and permanent. I honestly believe that your son is more scare of getting found out THIS time because of the severity of the consequences.

You could hire an attorney, but as this has not reached the level of criminal charges, I'm not sure it would do you much good at this point.

 

[OHRoadwarrior]

A lawyer is always good to have when dealing with an expulsion. Any statements made by your son or other students can later be used to prosecute him. When you hire the lawyer, make the agreement cover the school and any criminal charges resulting.

 

[I'mTheFather]

Your son is entitled to have a lawyer at his expulsion hearing, and I suggest he have one.

 

[Ohiogal]

The school has proof. Actual proof even. They have five witnesses who have named your angel boy. That is proof.

 

[swalsh411]

You are very much mistaken if you think the statements from the other students are not evidence.

I know no parents wants to hear this but your child is lying to you. He is involved in drugs a lot more than you realize.

 

[stealth2]

If this were MY child? I would definitely het him a lawyer, but I wojuld also get him drug tested. Preferably a hair test. THEN you will know what you need to do apart from the legal/school issues.

 

[JchDenver]

I guess I am just incredulous of the fact that all anyone has to do is point at someone and say "HE DID IT!", and that constitutes "proof". Its not proof, there is reasonable doubt created with the idea that they had conspired together against him.

We did drug test him, twice, once when we learned he was getting into her room, and now again when all this happened. He came up clean both times.

 

[OHRoadwarrior]

It is not just anyone. It is 5 anyones. Their story is boosted by his previous complicity in drug related acts.

 

[sandyclaus]

I guess I am just incredulous of the fact that all anyone has to do is point at someone and say "HE DID IT!", and that constitutes "proof". Its not proof, there is reasonable doubt created with the idea that they had conspired together against him.

We did drug test him, twice, once when we learned he was getting into her room, and now again when all this happened. He came up clean both times.

And what method did you use? If you used one of those saliva drug tests you can get at the drug store, the drug is only detectable for a couple of days. Try a hair test, as those can detect drug use over the past 90-120 days.

But seriously... what reason would 5 individuals have for blaming this whole thing on your son if not because he were guilty?

 

[Ohiogal]

I guess I am just incredulous of the fact that all anyone has to do is point at someone and say "HE DID IT!", and that constitutes "proof". Its not proof, there is reasonable doubt created with the idea that they had conspired together against him.

We did drug test him, twice, once when we learned he was getting into her room, and now again when all this happened. He came up clean both times.

It is proof. Reasonable doubt has NOTHING to do with whether or not it is proof.

 

[Eekamouse]

How is it that your wife and you did not notice that one of her pipes was missing? Or that someone had broken into your bedroom? If you didn't notice these two things, how can you say that he didn't also steal some of her marijuana, too? And you cannot seriously think he just stole a pipe to give to one of his friends but he himself was not also smoking with that friend. Please. And if neither you nor your wife bothered to secure her pot better than just behind a locked door and not in a lock box then shame on you both. You obviously haven't hidden the presence of pot in your house from your son so you had to know he'd wind up in trouble because of your laziness in keeping it out of his reach.

 

[NellieBly]

You knew he was getting in her room? Did you make better efforts to secure her drugs?

 

[janedo3]

not that im an attorney or anything close to it but my opinion is

it depends on what exactly those 5 children's statements are... and how the school handles the situation. i would very highly recommend from this moment forward you, write down everything you can remember every little detail [start a notebook] dates times names numbers etc. with that also do not speak to the school without recording any conversations [check your state law on that you will probably have to tell them they are being recorded but double check requirements for a recording to be admissible in court], and the absolute best thing if you are able is to have an attorney do the talking for you AND your SON

 

[stealth2]

it depends on what exactly those 5 children's statements are... and how the school handles the situation. i would very highly recommend from this moment forward you, write down everything you can remember every little detail [start a notebook] dates times names numbers etc. with that also do not speak to the school without recording any conversations [check your state law on that you will probably have to tell them they are being recorded but double check requirements for a recording to be admissible in court], and the absolute best thing if you are able is to have an attorney do the talking for you AND your SON

Or... hire a lawyer for your kid.