Legal Question in Criminal Law in California
juvenile
My juvenile son, age 14, has been charged with Battery on School Ground. He took possesion of a liquid substance on the school and when the bus driver ask to smell it he sprayed her arm. He did not know what was in the bottle. In the bus drivers statement to the police, when ask if she thought Dusty(my son)meant her any harm she states, ''No she did not think Dusty meant her any harm''. He has never been in trouble before. The courts have given him a public defender who has already once ignored what the judge ask of us. We return to court on the 15th for a plea and the public defender has not even spoke to Dusty or me about this matter. Should my son plead no contest or what should I do?
2 Answers from Attorneys
Re: juvenile
Battery on school grounds has some uncomfortable consequences,and your son may automatically be expelled for a time with a plea. From the brief outline I have read, if there is to be a plea, ask for infomal probation. That way the case will be dismissed if and when your son completes probation.
Secondly, the court will ask your son if he has had time to speak with his attorney as part of any plea bargain. Your son will then have the opportunity to inform the court of your experiences with the PD, who is usually over worked and under paid.
You should also inform the court what steps you have taken to ensure that something of this nature does not happen again. The court is usually willing to accept some sort of parental punishment when considering the sentence. If your punishment is just, the judge may prompt the District Attorney to accept informal probation with a plea, or reduce sentencing substantially.
Re: juvenile
Battery is a harmful or offensive touching. Even the accidental victim wasn't under the impression she was being battered. Why not consider a trial? Great experience for your son. And it will teach him not to roll over to our system of justice. I did that with one of my daughters. She had the opportunity to get in the witness box and testify. Her friend, who was also charged, was sitting next to my daughter. When the trial started she didn't want to testify. Ten minutes into my daughter Christi's testimony the young lady leaned over to me, and informed me that she wanted to testify. The system isn't always fair. But it tries awfully hard to be just. So consider trusting the system, and take the matter to trial. A lot of young men have died for your son's right to do that. Also trials tend to educate the judge on your son's character, and the actual incidents that occurred. Your son's case sounds like it is very defensible.
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