Child's statement taken AFTER parent requests an attorney for son.

What is the name of your state (only U.S. law)? MI

My son struck another student in the check/eye after he was intimidated by this child. This child is nearly 60 pounds bigger than my son. This boy was screaming in my son's ear .... causing his ear to ring. My son struck him in the face because he was scared. The boy's mother contacted police to file assault/battery charges. No one took my son's statement prior to me receiving his citation. When the police gave me my son's citation I told the police I did NOT want him questioned about this incident by school officials or the police with out his attorney. The next day I contacted school administration and filed a compalint against this boy for harassment and bullying .... in this statement I wrote that I did not want him questioned without me or his attorney. The very next day .... the school assistant principal took my son from lunch and had him fill out a statement concerning what happened. Then they turned the original over to the police. Did the school or police violate any of my son's rights? The police report does state I told them I did not want him questioned.

How old is your son??
How old is the other person??

Since your son is being charged with a crime anyway, you need to speak to an attorney. Just tell the attorney what happened and if the law in your state was violated, he can seek to have the statement suppressed as evidence against him at trial. However, this may do little or nothing top help with regards to any school punishment, but it could help suppress the confession.

Of course, if the school administration could not speak to your son about the other child's bullying, then you could expect nothing to come of it. So, if they did not have your son's statement, you could not expect the school to address any bullying or harassment from the other student.

However, since this happened at school and he was already cited, I suspect they have enough evidence (probably in the form of witnesses) to make the case in the first place. Plus, it's not like he committed a serious felony, he popped a kid ... it happens all the time.

- Carl

My son is 12.

I think the other boy is 12 ... they're both in 7th grade.