My son needs help!

[butterfly722]

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

I was summoned yesterday to appear in juvenile court with my son. As to my surprise I was upset by the matter. I questioned the summons to find that the school that my son had attended last year was taking him to court for stealing a candy bar and peeling paint off of the wall. This was the first time that we had heard about the matter of the candy bar, but was knowledgable about the paint. The school never told us that they were going to prosecute him for the issue. The problem is, how can we be summoned for a crime we did not know had taken place, much less with out a police report? All of this came about after repeated issues with the way the school was handling my son. He is ADHD and on a 504 plan, I approached the school and made requests to change the plan to an IEP. They stated that the 504 was more suitable for him and modified the plan. When I talked to them about the teacher telling other students that my son was special needs, needed meds and the bullying intensified, they assured me that the matter would be dealt with. Things got worse! My son was put in the VP office for almost 3 weeks, leading to his shut down and them calling the authorities. They suspended him from school. His father and I agreed that going back to the school would not be an option. Now this? I need help for my son and advice on the issue. Should I counter-sue?

 

[Ohiogal]

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

I was summoned yesterday to appear in juvenile court with my son. As to my surprise I was upset by the matter. I questioned the summons to find that the school that my son had attended last year was taking him to court for stealing a candy bar and peeling paint off of the wall. This was the first time that we had heard about the matter of the candy bar, but was knowledgable about the paint. The school never told us that they were going to prosecute him for the issue. The problem is, how can we be summoned for a crime we did not know had taken place, much less with out a police report? All of this came about after repeated issues with the way the school was handling my son. He is ADHD and on a 504 plan, I approached the school and made requests to change the plan to an IEP. They stated that the 504 was more suitable for him and modified the plan. When I talked to them about the teacher telling other students that my son was special needs, needed meds and the bullying intensified, they assured me that the matter would be dealt with. Things got worse! My son was put in the VP office for almost 3 weeks, leading to his shut down and them calling the authorities. They suspended him from school. His father and I agreed that going back to the school would not be an option. Now this? I need help for my son and advice on the issue. Should I counter-sue?

YOU CANNOT COUNTER SUE. This is a CRIMINAL matter -- delinquency. Your son committed a crime. Peeling the paint off the wall is vandalism. Did you pay for the wall to be repainted? Go to court with your son -- get him an attorney or have him request that one be appointed for him.

 

[CdwJava]

The school never told us that they were going to prosecute him for the issue.

They may not have had any say in the matter. They made a report to the police, the police kicked it up to the prosecutor, and the prosecutor decided to file charges with the court. The school is not part of the criminal justice loop, and their wishes or desires may not have been part of the calculation.

Question: Had you already paid for the paint issue? If not, perhaps that played a part in the decision.

The problem is, how can we be summoned for a crime we did not know had taken place, much less with out a police report?

It happens all the time. There is no law that says the victim, the police, or the prosecutor need give you notice that criminal charges are pending. A summons is not a warrant, it is effectively a citation to appear in court. So, that serves as your notice.

His father and I agreed that going back to the school would not be an option. Now this? I need help for my son and advice on the issue. Should I counter-sue?

Right now what he needs is an attorney for the criminal charges. Provided damages are paid for, if he has a verifiable condition that causes outbursts the court may decide to cut him some slack.

The school's application of the IEP is a separate issue and if you wish to find a lawyer who will deal with that, that'll cost you. But that matter is separate from the criminal allegation and there is nothing to "counter-sue" on with regards to that.