Testify

[Kc831]

What is the name of your state?California
My son has to testify in court against his attacker but is really scared to do so for retaliation i know he cant plead the 5th but can he remain silent?

 

[Just Blue]

What is the name of your state?California
My son has to testify in court against his attacker but is really scared to do so for retaliation i know he cant plead the 5th but can he remain silent?

No. If he is testifying he must answer the questions.

Now why don't you post a bit about what is going on so we may offer some alternative solutions.

 

[quincy]

What is the name of your state?California
My son has to testify in court against his attacker but is really scared to do so for retaliation i know he cant plead the 5th but can he remain silent?

Your son should have his own attorney advising him.

 

[Kc831]

No. If he is testifying he must answer the questions.

Now why don't you post a bit about what is going on so we may offer some alternative solutions.

He was jumped after shool by some teenage kids but he dosent want to testify because he is going to be labeled as a snitch and makke things worse he told me if he has to testify he dosent want to return back to the same school,the prosecutor told us if he does not testify more than likely the kid walks away free

 

[eerelations]

How old is your son?

 

[Kc831]

15

 

[Zigner]

This is a great time to teach societal responsibilities...

 

[quincy]

He was jumped after shool by some teenage kids but he dosent want to testify because he is going to be labeled as a snitch and makke things worse he told me if he has to testify he dosent want to return back to the same school,the prosecutor told us if he does not testify more than likely the kid walks away free

I can understand your son's reluctance to testify against his attackers. And, if the prosecutor had another effective way to support the legal action against your son's attackers, I am fairly confident in saying that the prosecutor would not ask for your son's testimony.

But your son should want his attackers to be held accountable for their acts and his testimony can be vital to this end. Your son's testimony can help prevent others from being attacked like he was.

The odds are pretty good that the school will place those convicted of assault in a different alternative school, too, so your son will not be the one who has to change schools.

Again, I recommend you get an attorney for your son, so his rights are protected.

Good luck.

 

[CdwJava]

What is the name of your state?California
My son has to testify in court against his attacker but is really scared to do so for retaliation i know he cant plead the 5th but can he remain silent?

Are you willing to let his attackers walk away free? And, potentially, assault your son or others in the future? If the answer is, "Yes," then by all means tell the DA that your son refuses to cooperate. Yes, the DA can pursue the matter and compel your son to testify, but, unless this was a serious and violent felony, the odds of them pursuing the matter against your son's will is slim. Even in juvenile matters, the state rarely forces the issue on misdemeanors. But, it will mean that the attackers get away with it. And, they will likely be emboldened by their actions.

If the school he attends considers a victim reporting a violent attack the acts of a snitch, you should consider a new school anyway. I wouldn't be able to stomach my child attending a school where thugs and hoodlums are granted so much "respect" that crimes against the innocent are granted a free pass.

 

[not2cleverRed]

I can understand your son's reluctance to testify against his attackers. And, if the prosecutor had another effective way to support the legal action against your son's attackers, I am fairly confident in saying that the prosecutor would not ask for your son's testimony.

But your son should want his attackers to be held accountable for their acts and his testimony can be vital to this end. Your son's testimony can help prevent others from being attacked like he was.

The odds are pretty good that the school will place those convicted of assault in a different alternative school, too, so your son will not be the one who has to change schools.

Again, I recommend you get an attorney for your son, so his rights are protected.

Good luck.

I will only quibble about the bolded portion of your response.

Public schools, in my experience, rarely do much of anything more than a suspension.

I had a classmate who transferred to our school after being beaten into a coma at her previous public school. She testified against her attackers, to the extent that she was able (she was attacked from behind), and her senior project was on victim advocacy.

I concur with @CdwJava : OP should strongly consider a school transfer. In fact, OP should consult a lawyer - this is one of those rare cases where a lawsuit might be warranted, to cover the cost of OP's son's high school education elsewhere, especially if this occurred on school grounds.

 

[quincy]

I will only quibble about the bolded portion of your response.

Public schools, in my experience, rarely do much of anything more than a suspension.

I had a classmate who transferred to our school after being beaten into a coma at her previous public school. She testified against her attackers, to the extent that she was able (she was attacked from behind), and her senior project was on victim advocacy.

I concur with @CdwJava : OP should strongly consider a school transfer. In fact, OP should consult a lawyer - this is one of those rare cases where a lawsuit might be warranted, to cover the cost of OP's son's high school education elsewhere, especially if this occurred on school grounds.

I will accept your quibble.

My response was based on what I know of Michigan schools, which seek alternate placement for students convicted of violent crimes against other students. The students are expelled rather than suspended.

 

[CdwJava]

Noty every district out here has an alternative school to send them to. Continuation schools do not exist in every district, and those that have them may have limited criteria for placement in them. Further, if the assault and battery did not occur at school (or to or from, where the school has legal authority) then the school may not have any legal ability to provide alternative placement. Fortunately, if this battery occurred in the school's jurisdiction they still have the ability to suspend or expel the involved students. Whether they will or not depends on political will and the nature of the attack.

A Criminal Protective Order (issued by the court at the DA's request or the court's initiative) or a TRO (initiated by the victim's family) against the defendant(s) would help no matter the circumstance.

 

[quincy]

Noty every district out here has an alternative school to send them to. Continuation schools do not exist in every district, and those that have them may have limited criteria for placement in them. Further, if the assault and battery did not occur at school (or to or from, where the school has legal authority) then the school may not have any legal ability to provide alternative placement. Fortunately, if this battery occurred in the school's jurisdiction they still have the ability to suspend or expel the involved students. Whether they will or not depends on political will and the nature of the attack.

Here is a link to California's Education Code section 48900:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=48900.&lawCode=EDC

 

[bcr229]

If the school he attends considers a victim reporting a violent attack the acts of a snitch, you should consider a new school anyway. I wouldn't be able to stomach my child attending a school where thugs and hoodlums are granted so much "respect" that crimes against the innocent are granted a free pass.

I think the label would come from the victim's peers rather than the actual school system.

OP can also look into home schooling her child if a transfer to another school is not an option. There are a lot of online curricula available and CA is fairly friendly to home-schoolers.

 

[quincy]

... A Criminal Protective Order (issued by the court at the DA's request or the court's initiative) or a TRO (initiated by the victim's family) against the defendant(s) would help no matter the circumstance.

You added to your previous post the part I have quoted above. I agree that a CPO or TRO are good options to consider.

I have some problem with victims of crimes having to change their lives because of acts committed against them. In other words, I do not think the student-victim should feel the need to change schools. The offenders should have their lives altered by being placed in a foreign environment.