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Selling of a Schedule II Drug

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ejlowe

Guest
Selling of a Schedule II Drug in School

My 14 year old daughter, in 8th grade at a local Middle School, and diagnosed Attention Deficit Hyperactivity Disorder [ADHD], and who is prescribed Ritalin 5 mg to be taken twice daily as needed except during school closings, and who has a prescription administration permission form at the school, where this drug is stored in the school main office and designated to be distributed to her by a school employee daily at noon time, but it is recorded to not be consistently administered there ... was charged on 1/11/01, the document reads ... "The specific facts are that on or about 1/08/01 at 1:20 pm in (our locality, TN) affiant was dispatched to the school, upon arrival affiant talked with principal, upon further investigation affiant found that the defendant brought a drug to school and sold it to another student (named) at the school for the amount of $1.00, all the above occurred in (our locality, TN)."
There was 1 attempt by the affiant [investigative Police Officer] to contact parent's by telephone on the day of this allegation. Parent's made 2 attempt's in 2 days thereafter to contact in response to affiant. Parent's contacted the school principal to inquire and the principal did say, "ah it ain't nothing. I just saw a small group of student's molling around this morning, and she wasn't one of them, and I thought it was suspicious so I approached and asked what was the deal here. And then 2 of the boys said she sold a Ritalin for some money but I didn't think so but I had to check it out any way because it's school policy, and I did find a pill in 1 of the boy's hall locker here at school, so we had to call the Law in on it. I honestly don't think she could have because we checked the office record's and found that she hasn't gotten a pill since 1/03/01, I guess because she forgets to come in all the time or something. And I can't imagine she would have carried a pill around unnoticed all this time and just now selling it to somebody. Particularly one of these boy's, because they're not her type. At least I never see her with them except in passing between classes, you know the usual routine. She's been doing so good in all so far this year. And she's a good student, we all like her and think the world of her. She did offer to let us check her locker and all of her personal things, and now all we found was a dollars worth of change she said you gave to her this morning before she come to school for a pop or something at break time. So I think I'm going to believe her. But I don't know for sure because we don't monitor them when they do get their pills here. We just give it to them and they go out into the hall to get water from the fountain to swallow it, I guess. Nobody here can actually say whether or not they do swallow them or what. I think she does because she seems to do all right for the rest of the day here. Don't worry about it because it seems to me these boy's are just trying to get themselfs out of trouble. And that one boy is trouble."
However, on 1/16/01, she and I were served the Juvenile Court Petition & Summons! To appear before the Juvenile Court here on the 1/18/01 at 9:00 am. To answer the charge of the petition.
This child has NO PRIOR history of ever being in any kind of trouble, with the exception of being the victim of assaults and hate crimes against her in the previous school year by less than a handful of her peers, which has since been resolved, and being disciplined for 'what was thought to be tabacco' just outside of school boundaries earlier this school year, where she was standing with another student who was smoking a cigarette during school break time.
I have to assume she is well liked and trusted by the principal, who assigns her to babysit or supervise his young grandchildren when they are at the school to visit him.
I have to assume the same of the local Judge, who does the same when he and his wife and young child visit the school.
I have to assume the same of the Judge's wife and several teachers who share emails with my daughter.
I am shocked that she was even considered and or charged with this crime!
I am terrified that the word of these 2 or 3 boy's can be so easily considered against her own and or her good reputation. I am inclined to think that she was named because it is no secret in her school that she suffers ADHD and is prescribed Ritalin 5 mg for this. And what will this do to her now!?!
She is a good kid. She is a selfless individual, placing others needs ahead of her own often. The impressions she makes and the opinions of others is important and worthwile to her. She values her friendships with her peers and the adult's in her world. She loves school. And she was chosen and agreed to volunteer her time to help tutor younger student's in an after school program. She has plans to pursue a health field career path in high school.
My household is on a fixed disability income. We cannot afford an attorney for her defense. And I'm sorry to say that my opinion of Public Defenders is not as confidant as I would like it to be.
What are this child's chances of being acquitted for the charge? Will she be taken from her family and placed into a juvenile facilty for this charge, if so, how long? And will this remain on her record's indefinitely? How is this going to affect her life course?

[Edited by ejlowe on 01-17-2001 at 12:12 PM]
 


L

lawrat

Guest
I am a law school graduate.What I offer is mere information, not to be construed as forming an attorney client relationship.

Please shorten -- the board will greatly appreciate it!
 

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