Legal Question in Criminal Law in California

My sons teacher observed him at school holding something in hand, then he seen that my son gave it to another child. In the end my 12 year old son is charged with 11375(a). How does the teacher know for sure that the item given to him was my sons?Maybe it was the other kids?At the time the teacher came across it, it wasn't even in my sons hand. So who actually knows who it belonged to.They can charge my son cause a teacher be leaves what he witnessed is true.


Asked on 12/22/11, 4:47 am

4 Answers from Attorneys

Yes, the police and the prosecutor can rely on the story of a witness (i.e. the teacher's) in charging your son.

Read more
Answered on 12/22/11, 6:03 am
David M. Wallin Law Offices OF David M. Wallin

I don't know exactly what the teacher saw. Was it something small or was it a baggie or what ? Also, in my experience with juvenile law over the last 25 years, the school takes your son into an office with a sheriff and they talk to your son, and usually obtain an admission from the minor. You should consult a local criminal defense attorney who has experience with Juvenile law. If you want to speak with me on the phone, I would be more than happy to answer any questions I can. I wish you well......... David Wallin

Read more
Answered on 12/22/11, 8:56 am
Edward Hoffman Law Offices of Edward A. Hoffman

Even though the teacher cannot prove what happened with 100% certainty, his testimony and other evidence may be more than enough to persuade a jury beyond a reasonable doubt. Your son needs a lawyer right away.

Read more
Answered on 12/22/11, 1:24 pm


Related Questions & Answers

More Criminal Law questions and answers in California