Help with my 17yr old daugthers arrest

[amanba]

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

My 17yr old daugther was arrested in school today. A drug dog sniffed out parphnelia in her bag. When she went to the principals office she was asked to empty her bag. When she did this they discoverd a 2in bladed boyscout pocket knife. She belongs to our city's Venture Crew and it has become habit to always have it with her. She had actually forgotten that she had it in her purse. I know that she is completely in the wrong for the paraphanelia and to be stupid enough to have any type of knife in school, but she is now facing a felony concealed weapons charge and is being considered an adult.
I thought for a knife to be a concealed weapon the blade had to be atleast 3in long and if it was a pocket knife it had to have a mechanical mechanism in it. She has has never been in any trouble before, is an excellent student, etc. so why is she being considerd an adult in this case and not a minor? So as my daughter spends the night in jail, what can I, as her mother, do about it?
Just a few of my many questions. If anyone can throw some advice or information my way I would greatly appreciate it.

 

[quincy]

Your daughter needs an attorney! The best you can do, as her mother, is to hire one for her.

Michigan schools are both drug-free and weapon-free zones. No drugs and no weapons of any kind are allowed in schools or on school property.

The 3" blade applies to the state law, MCL 750.226a. If the knife can be opened by a flick of a button or pressure on the handle or by some other mechanical contrivance, then possession is a misdemeanor, and a person could face up to one year in jail and/or a $300 fine. Michigan's 750.226 applies to any blade over 3" OR any other dangerous or deadly weapon or instrument, when carried with an unlawful intent. This is a felony and could result in 5 years in jail and/or a $2500 fine.

The concealed weapons charge, MCL 750.227 is, likewise, a felony, 5 years in jail, $2500 fine. The length of the blade of a knife does not matter.

In Michigan, the possession of a weapon on school grounds can result in permanent expulsion (see MCL 380.1311 and MCL 380.1313).

Drug paraphernalia in school can also result in expulsion.

You can check out the following site, and then start looking for a good attorney to represent your daughter. She is facing serious charges.

Good luck.

www.michigan.gov/documents/weapons_expulsion_122558_7.pdf

 

[steel9]

The school will make a example out of her. It was only a 2" blade but the law is the law no matter how stupid it is. I think a warning would of been fine but its michigan after all.

 

[quincy]

Hey. What's that crack about Michigan supposed to mean?

A warning could perhaps suffice with possession of a two-inch-bladed pocket knife alone, if the girl could show that the knife was not possessed for use as a weapon or that the knife was not knowingly possessed. But with possession of drug paraphernalia in addition to the weapon . . . . I am thinking that a simple warning is not all that she'll wind up with here. She violated three Michigan laws.

The fact that weapons and drugs are not allowed on school property is drummed into kids from kindergarten on, so a 17-year-old possessing either or both when in school is hard to excuse as a simple "oops." Knives do not belong in a purse, and drugs are illegal, and neither belong in school.

Again, for the best outcome, this girl needs a good attorney.

 

[amanba]

Quick update

Well we received a phone call this afternoon from my daugther. While waiting at the court for her to see the judge, she called to tell me that they had released her. No charges were filed at this time and she was free to go. THey told us that we would receive paperwork in the mail on Monday. No one would give me any more information as what to expect legally. Did she really just get a night in jail to scare her straight? Or can I expect to have charges filed whenever they feel like it?
Thanks to those who replied, quincy the link you sent me was a great help for the school information.

 

[FlyingRon]

They have a long time to file charges on the matter and felonies doesn't necessarily happen immediately. She's also still likely to get sanctions (explusion) from the school.

 

[quincy]

The prosecutor is taking time to review the facts to determine what, exactly, to charge your daughter with. He wants to make sure he has evidence enough to support any charges that are filed. I doubt strongly that your daughter's one night in jail is the end of it, though.

The prosecutor may decide to charge your daughter as a juvenile and not an adult, for one thing, and your daughter may not be charged with the felony possession of a concealed weapon. But it is hard to say. I guess you have to wait and see what Monday's paperwork reveals.

I think the BEST your daughter can hope for in the end is school suspension, fines and probation (which could include drug education classes, random drug testing, community service hours, all costs involved). Whether she can escape having a criminal record is a question - it depends on what the charges wind up being, and it could depend on the county where she is charged and the judge.

Again, however, having an attorney advise your daughter once charges are filed will be important for the best outcome. Good luck.