Campus police giving citation for fighting

[momof3kiddos]

What is the name of your state? TX

This is all out of curiosity on my part but I just have to know if this is legal? Oh, this might belong over in Education Law but since it concerns a police officer I decided to put it here. Hope that's okay. My son came home on Friday and told me about this fight that had occurred at school during athletics. Two boys got into it just outside of the locker room. There have been many fights at school before and the students are usually stuck in On Campus Suspension for a few days or whatever. My son told me on Monday that neither boy was in athletics during 7th period that day so they must have been in OCS. Well, today he came home and told me that one of the boys was telling some of his friends that the campus police officer was going to give both of the boys citations for either disorderly conduct or assault and were either going to have to go to teen court or to a first offender's program.

I personally know 2 moms whose kids have been in fights at school (multiple fights) and have never received a citation. My brother is a cop in another state so I called him and asked him about it. He doesn't know the laws in Texas, but in OK an officer cannot issue a citation for a misdemeanor unless he WITNESSES it. I just find it fascinating because my son told me that one of the boys had never been in a fight at school before PLUS I've never heard of citations being issued. It seems that fights happen all of the time at this school so it doesn't seem right that some kids only get OCS while others get OCS plus a charge against them. Neither boy was really injured my son said - a few scrapes but that's all. What d'ya think?

 

[loocpoc]

Its legal. If the officer has enough probable cause, then they may make an arrest or issue a citation for a misdeamenor crime.

 

[DogToenails]

Are you sure your brother wasn't referring to a traffic violation that a police officer has to witness to issue a citation?

 

[pass23431]

A juvenille misdemeanor battery is considered a citation, and beleive it or not will also be heard in traffic court.

 

[momof3kiddos]

Thanks guys. I appreciate your responses.

Dogtoenails - No, he said that if there was a fight at a school and the officer did not witness the fight, then he could not issue a citation. He said they will issue one if, for instance, one of the parents throws a fit and pushes for them to cite the other person in the fight (say there were bad injuries.) Something like that.

With 3 kids growing up I just like to know this kind of information JUST IN CASE I would ever need it! Thanks again!

 

[JETX]

A juvenille misdemeanor battery is considered a citation, and beleive it or not will also be heard in traffic court.

Where the hell do you get these things??? That is absolutely NOT true.

* Juvenile courts in Texas are designed by the juvenile board in each county, or are special courts created by statute, and may be district, criminal district domestic (family), juvenile, county courts-at-law, or county courts.

* The juvenile court has jurisdiction over children between the ages of 10 and 16 and of children who are 17 but who committed offenses before becoming 17.

* Juvenile court judges have many options from outright dismissal to long-term confinement in a correctional facility. For felony offenses, a youth 15 or older can be "certified" to stand trial in the adult criminal courts.

* For other serious offenders, the Determinate Sentencing Law allows a juvenile to be confined up to 40 years, first in a Texas Youth Commission facility, followed by an optional court transfer to prison.

* For less serious offenders who require confinement, the judge may order an indeterminate commitment to the Texas Youth Commission where the child may be held until his or her 21st birthday.

* In most cases, however, the judge orders some form of probation supervision in the community, or placement in a private state or local residential treatment facility.

If you don't have a CORRECT answer, please don't post.

 

[momof3kiddos]

Thanks JETX!

I see you're from Texas! Can a police officer (even though he's the campus officer) question a minor about an incident in which the minor will be given a citation without having a parent present? Thanks!

 

[JETX]

"Can a police officer (even though he's the campus officer) question a minor about an incident in which the minor will be given a citation without having a parent present?"
*** Yes.

"Thanks"
*** You're welcome.

 

[momof3kiddos]

Is Boxcarbill still around? I'd like to hear his take on this too. Thanks for your reply JETX. It confuses me though about minors being questioned. I've just told both of my boys (my third's in college) that if they are ever asked anything at all about something that happened at school they are not to open their mouths until they call me or their father. Kids need to know their rights. But if a child is in a police officer's office and obviously do not feel free to get up and leave, and are being questioned about a "crime" they were involved in, then doesn't that mean they have to have a parent/attorney present? They are basically in the police officer's custody even if they don't have cuffs on, right? The boys were both telling other kids that the officer told them that if they so much as touched another student at the school, he would slap handcuffs on them and make sure they did not get out of juvie until they turned 18. I've read so many contradictory statements about minor's rights it just gets confusing.

Thanks to those who replied!

 

[JETX]

Maybe I can help to clarify your confusion....

Your question was: "Can a police officer (even though he's the campus officer) question a minor about an incident in which the minor will be given a citation without having a parent present?"
My answer was: Yes.

And though that is the literal answer, in hindsight, I probably should have expanded on my answer and said that the statement given by the child would likely not be able to be used against them in any legal proceeding. This is covered by Texas Family Code, § 51.095 (Admissibility of a Statement of a Child) which can be found at:
http://www.capitol.state.tx.us/statutes/fa/fa0005100.html#fa016.51.095

The fact is a child can be questioned at school as to facts that they know or witnessed, but any response given could not be used against him in a legal proceeding.

 

[momof3kiddos]

Originally posted by JETX

The fact is a child can be questioned at school as to facts that they know or witnessed, but any response given could not be used against him in a legal proceeding. [/B]

I don't really know how to do the quotes very well! Thanks very much JETX. And thank you for being patient with me. Now I guess my next question would be if these boys are given citations for class C misdemeanor disorderly conduct (which seems to be what is rumored around the school) and they both admitted to the officer at school that they fought, one admits to starting it and so on, are their statements going to be used in teen court? What if one admitted to starting the fight but then pleads not guilty in teen court? Sorry for all of the questions. I have a friend whose son has been in 3 fights at this school (he's bi-racial and gets picked on daily) and she's worried to death that he's going to get into another fight and get cited for it. I'm just trying to be "in the know" for her as well as myself. Thank you so much.

 

[momof3kiddos]

Can the parents see a copy of the police report from his investigation at the school?