juvenile petty offense disordly conduct

[rad]

my 16 yr lod son was riding the foot ball bus home, him and another boy were having words and the other boy made comments about me and called me crippled ( I have multiple sclerosis) and made sexual comments about me being good in bed! needless to say my son jumped over the seat and pushed him into the seat and shut him up. The other parents pressed asault charges on my son, he is being charged with disordly conduct , he goes to court 4/26/ 8:;30am should he plead guilty?
Should I press charges for deframation of charchter?, I do Day Care and it doesn't sound good coming from a teen that i'm good in bed when he don't know ,and it is lies!!!

 

[DT7777]

Although the other boy's words were offensive and inappropriate, if he was not physically attacking your son then unfortunately your son does not have a defense for his physical reaction. I strongly suggest you consult with a criminal defense attorney to advise you on how to plea to this charge. There are referrals available on this website.
As for the defamation claim, his comment that you are good in bed may qualify as defamatory. Again, I suggest you consult with an attorney re: the merits of such a case. A general/civil practice attorney would help.

 

[Tracey]

Is this the arraignment? Don't plead guilty. Hire a lawyer or ask for a public defender. Your son may be able to raise the defense/mitigating circumstances of incitement to riot ("fighting words"), depending on state law. At the very least, a jury might be sympathetic enough to refuse to convict him. Mom is sacred!

You can't press charges for defamation/slander - it's not a crime. You can sue the kid & his parents, however. His parents will be liable for the verdict, as parents are liable for the intentional torts their children commit.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 25, 2000).]