Legal Question in Criminal Law in California

juv. law

I am looking for an attorney for my son who is 12 years old and is in the process of being expelled from school. If the district ends up expelling him I want to sue them.

Reason being they said they got an anonymous tip that my son brought a bb gun to school on Friday the 9th. Last Tuesday the 13th they brought my son into the office and my son told them that he did bring a toy gun to school to give back to his friend, and that another friend went into his bag and took it out and waved it around.

This toy gun was purchased by another boy for $2.50 from the ice cream man at the school. To make a long story short the lady at the school told the district that Justin admitted it was a BB gun and Justin was willfully defying authority. She marked the reason for expulsion was that he brought a fire arm to school. Which is not true. My son is a good student and has never been in trouble and has good grades. Why they are trying to pull this I do not understand. He's been out of school for a week now and they have not given him any class work for make up like they said they would and his grades are going down hill fast.

They have no right to expel him especially with the lies they are putting in writing.


Asked on 2/19/07, 11:06 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: juv. law

Thank you for your question, and for the opportunity to both help and advise you further.

Your son has the right to a school board hearing before an expulsion from school takes place. At the hearing, the school's policies, as well as the facts for and in defense of your son would be presented by an attorney.

I hope this helps, but if you have additional information, have other questions, or would like legal representation, please feel free to email me directly at [email protected]. It's my pleasure to help you in any way that I can, and thanks again.

Read more
Answered on 2/23/07, 4:07 pm


Related Questions & Answers

More Criminal Law questions and answers in California