Hiring Munoz Law Office was the best choice I ever made! Michael went to great lengths to get the best results for my case and I could not be happier. Thank you to Michael and the helpful staff at Muñoz Law Office.
– K. – 4/26/11
If you have kids, it’s important to understand the consequences that could come to your juvenile if they are involved with drugs, violence, or other criminal acts at school. Many schools have a no tolerance policy when it comes various types of crimes, especially drugs and violence.
If a juvenile is caught with drugs, is involved in violent acts, or other criminal issues, they could face consequences in the school system as well as in the State juvenile criminal justice system. Both of these systems are completely different. Each school district has their own rules and regulations of the conduct that they expect from their students. If a juvenile violates one of them, there are a number of things the school could do.
For instance, schools are allowed to create penalties ranging from simple detentions to short suspension period and up to expulsion, where they can never come back to schools within the school district. Even with these penalties, a student is always entitled to due process. The courts have ruled that schools are not allowed to ban students from schools without following due process procedures.
If expelled from school, a student is entitled to hearing to review and contest the penalty. However, it is important to remember that the school system if very different from the State criminal justice system. A person is not presumed innocent before guilty and the proof beyond the reasonable doubt standard is not followed. Typically, school hearings are informal. They can be held in a simple conference room with representatives of the school. The school district’s lawyer is also usually present.
In these hearings, the school does not have a very difficult time proving their case due to the wide range of discretion they have about what types of evidence and information can be used. If a student does not agree with the ruling or decision of a school board regarding their punishment, the only remedy is to appeal the decision to the superior court.
School board decision, such as suspensions and expulsions, can have devastating consequences on a family and the future of the juvenile. First, if a student is not allowed to go to school for a long period of time, this could affect the student’s academic record.
Second, the punishments will be reflected in the student’s record, which will affect admission into schools in other districts or even secondary education.
Third, since most juveniles are attending schools close to their homes, transportation to other schools could be costly and take additional time of a family, thus creating a hardship and burden.
Thus, it is extremely important for parents or guardians to consult with an attorney. They might also consider using the attorney to represent the juvenile in the school hearing proceedings. If these proceedings are not handled or approached properly, it could have negative long-term affects on the student.
Since some issues of students acting out can be affected by the type of home environment they live, a school may alert Child Protective Service (CPS) in some cases. In many cases, the home life of a juvenile may not even be the cause for the student’s behavior at school. Nevertheless, it is always a possibility that a school district may still get CPS involved.
If the police get involved in the case and have suspicions that something may be occuring in the home that is unsafe to the student, they can also get CPS involved as well. The reality is that there are many different parties that can alert CPS to any situation. CPS’s job is to make sure that children are safe and not being neglected. If CPS gets involved, it important to know your rights and to allow an attorney to assist you in how to approach these delicate situations.