Son in trouble.

[2troubled]

What is the name of your state? California


Incident:

My son 14 years old, and two other boys are talking in the back of the class room. There is no argument or fights at this time. My son tells his friend Jimmy, "don't tell Jason about our other business". (what he meant by this was personal business). Then there was some words exchanged (not remembered by any of the boys) ending up with my son telling this boy, "I'll send you home in a pine box". (My son had been watching a lot of western movies).

My sons is escorted up to the office the following school day and searched for drugs and questioned by the police and school. The incident was not an important one in his mind so he has few details to give the officer and school, BUT admits to them that he said those things but can't remember why.

The three of these boys are still friends and civil to one another in school. They don't understand why this is taking place. I don't either. We have found out that the other boy Jason, works as a Narc for the police department. And "he", Jason, felt that the statement mentioned above might have meant my son was in the drug business and would kill him if he told.

My son does not sell, take or distribute drugs! (not just a mother talking). Everyone including the officer and school thought this was over.

Now we have been served with a ticket to appear in court for, a, "422 P.C. Terrorist Threats".

My Questions:

1. What is a terrorist threat ? And how does what I mentioned above fit this?

2. We don't have money for an attorney, will be really need one?

3. How far can they go with this?

4. Doesn't this all sound ridiculous? We are taking something really out of context i believe.

5. I have been told by others to be careful about CPS thinking my son has bad parents now. Is this true?

Thank you.....

 

[hexeliebe]

What is a terrorist threat ?

Answer: I'll send you home in a pine box

And how does what I mentioned above fit this?

Easily.

We don't have money for an attorney, will be really need one?

Unless you want your son to have a record and be found guilty.

How far can they go with this?

Depends entirely on the judge and how "FAR" the prosecutor wants to push it.

Doesn't this all sound ridiculous?

Not to me and not to the parents of the children killed and columbine.

We are taking something really out of context i believe

And when should we take death threats as jokes? And how do we know it is a joke? Simply put, your son needs to be held accountable for his actions.

I have been told by others to be careful about CPS thinking my son has bad parents now. Is this true?

You need to get your son some counselling to distinguish between fact and fantasy and appropriate behavior. But as far as CPS is concerned, while they may be interested in this, it is not in and of itself grounds to remove him.

 

[2troubled]

"You need to get your son some counselling to distinguish between fact and fantasy and appropriate behavior.
-------------------------

My son needs no help in this area. He is a good kid and well adjusted. He does not remember what they were talking about to make him come up with this "STUPID" comment but it was all joking. Until now.

To accuse him of being, "in fantasy land and not knowing the difference between fact and fantasy is a little presumptious on your part. This is exactly why I am worried about this. Adults and there misconceptions on childrens behavior. (Children they don't even know).

What happened at Columbine is a tradgedy and I feel for the parents of those children. With the terrorist threat and what has been happening at the school I can totally understand caution.
But ADULTS can take things way out of context and tend to make a mountain out of a mole hill, there opinions and misunderstandings can harm the teens more then help at times.

These were FRIENDS at school. Not enemies not fighting partners. Simply, FRIENDS. How does one take a joke like this and make it a threat. (well meaning adults) Should I assume that the other boy taking out a knife and showing the others is a threat also? We live in a time when kids are not allowed to be kids. They are expected to grow up to quick and take on an adult world while yet to young.

I need constructive advise not your "You terrible child needs help." Everyone that knows my son well knows this incident is way out of context and is so because of what happened at Columbine and the terrorist acts recently. If I looked at everything through the eyes of a grieving adult then there would be no schools, no play grounds, it would be to dangerous. Every little comment intensional or not would be grounds for a law suit. There have been many things coming out of the mouths of babes that could be considered harmful in the adult world.

After the comment left to me, I can see that I have a battle on my hands. I am afraid that all well meaning adults will have an opinion before knowing the facts and come up with the same conclusion you have. I hope for the sake of my son, the friends at school that the courts, judge, whoever else is involved doesn't judge before asking questions and taking a look at the suitation, but I am so afraid that will only look at the world around and what is happening and not the real incident, A JOKE WENT BAD.

 

[JETX]

Hex, I have tried to tell you.... never, EVER answer one of these "they are mean to my child" posts.

No matter what you say, the parent is going to challenge you.

See, they don't want an objective review of the facts that they present. They only want someone to tell them that their child is alright and that everyone else is wrong.

So, with that, my response to this post.

"What is a terrorist threat ?"
*** Of course, your child telling another child, "I'll send you home in a pine box" is perfectly normal behaviour. And of course, it can be easily explained away with he's been "watching a lot of western movies". And of course, the other child must be BAD if he "works as a Narc for the police department". Your child is wonderful!!!

"And how does what I mentioned above fit this?"
*** Of course it doesn't. Remember, your child is WONDERFUL!!

"We don't have money for an attorney, will be really need one?"
*** Nah.... don't worry about an attorney. Any judge or jury will be able to see that your child is WONDERFUL!!

"How far can they go with this?"
*** Probably just to the 7-11 to buy your son a beer and some cigs..... but don't worry, your child is WONDERFUL!!

"Doesn't this all sound ridiculous?"
*** Of course it does!!

"We are taking something really out of context i believe."
*** I disagree. I think that you are perfect parents. It is everyone ELSE who is taking this out of context. Remember, your child is WONDERFUL.

" I have been told by others to be careful about CPS thinking my son has bad parents now. Is this true?"
*** Nah..... a bad child would have to have bad parents. And since your child is WONDERFUL, you must be perfect parents.

See, Hex, that is the way that you need to respond on these types of posts. There is simply no way to get parents to see their child any other way!!

In closing, everything you say is absolutely correct. And of course, your child has absolutely no reason to lie or mislead you with his 'version' of the story. And of course, you will get your opportunity to explain to the (fill in the blank.... police, court, school, counselor) about how unfair your child is being treated.

Gee, isnt' that a beautiful rainbow over there???

 

[2troubled]

You too.

Thank GOD I am not your child. One can see you selling your child down the river somewhere. What a bunch of BS.

Too bad you feel no one else has an opinion. The world of mothers should hate all children and say they are all wrong.

If the two of you were to come up with some constructive view it would have made a difference. Or maybe just stick with the facts and leave your opinions on our sons out of it. I thought this was a forum for legal advise. NOT advise on how to raise your child the way you see fit.

Thanks for nothing. You are right, keep you stupid opinions about children to yourselves. It will make for a better forum.

 

[I AM ALWAYS LIABLE]

My response:

I have never heard the statement, ""I'll send you home in a pine box" in a Western. What was the name of that Western show? And, are television stations / movie houses showing Westerns?

IAAL

 

[hexeliebe]

Of course you are right and I am soooo ashamed.

But, next time, please inform your son that to avoid misinterpretation fo such a wonderful child, he should succintly state "I'll slit your throat".

Then no one will Misunderstand.

 

[calatty]

Penal Code 422 says:

Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

The DA might have trouble proving that the narc was actually and reasonably in sustained fear for his life because of your son's comment, particularly if he had no evidence that your son was involved in drug dealing.

I agree that it is ridiculous, but it is part of a new trend. In the olden days, your son would have been suspended or had detention. Now they hand the child to the criminal justice system and make him a criminal.

You do not have the choice not to provide an attorney for your son. If you do not, the court will appoint one and depending on your income, you may have to reimburse the county. You should go over to the public defender's office in your county to see if you qualify.

The worst that could happen to your son is a felony conviction. Section 422 is alternately a misdemeanor or a felony. He should not plead guilty unless based on the actual evidence his attorney feels the DA can prove sustained fear.

 

[2troubled]

Thank you.

Thank you ever so much, this was the type of advise I needed. I know my son said some stupid things, so did the others. I needed to know what just what you told me about.

I am going to go to the courts tomorrow and ask for a Public Defender if I can.

I also attained several letters today from others stating what they knew and heard about the incident. I think the best one that will help is the teacher who was involved and had to talk to the boys about joking around to much during class. They all were reprimanded that day. While the others made there silly comments my sons was just loader then the others, as his teacher said, Jake and his usual "Off the Wall Humor". She also thinks this whole this is ridiculous. Which I am sure is going to help my son.

I hope others will understand that sometimes people make judgements on what they don't even know. I was only asking for legal advise. Sorry if I was rough on anyone, but my emotions are running high right now. My son is my best friend and I do tend to take his side. He is a GOOD person who did a DUMP joke and is now paying for it.

 

[hexeliebe]

He is a GOOD person who did a DUMP joke and is now paying for it.

I did a DUMP joke once but after a few Jalapenos and some great Picante everything came out all right