Legal Question in Criminal Law in California
Stolen property resulting in a fight
A 13 year old girl got into a fight at school. On the school bus another student (also female) stole the 13 year olds necklace (real silver). Once on school grounds the girl said something to the girl who stole the necklace resulting in her being pushed. The victim said to push her again and see what happens so the thief did. A fight ensued with the victim breaking the other girls nose. The girl then proceeded to sell the necklace and recieved $200 for it. The school said there is nothing they can do about it because the necklace wasn't stolen on school grounds. What can legal actions (if any) can I take?
2 Answers from Attorneys
Re: Stolen property resulting in a fight
First, I am not sure if the bus is not considered school grounds. It may be, then in that case, the theft occurred on school grounds. But You may be able to make a claim with the bus company. If that fails, you may be able to sue the thief's parents and the thief herself, or at least inform the police of the robbery. But since your daughter broke the thief's nose, maybe you should call it even. I'd try to avoid any violence, as it can only escalate. Good Luck
Re: Stolen property resulting in a fight
I can't agree with Mr. Iadevaia about suing the bus company. Common carriers (bus companies, airlines, railroads, etc.) are not usually liable for the misconduct of their passengers and I see no reason why this case would be different.
I do agree with him, though, about not needlessly stirring the pot. Breaking the other girl's nose is a much more serious offense than the theft which preceded it, so your daughter may find herself in much more serious trouble than the other girl. Being the victim of a petty theft does not justify violence, and the fact that she actually *dared* the other girl to push her before striking makes matters worse and not better.
You should be worried about protecting your daughter and not about the necklace or the $200. And you should also teach her not to solve problems with violence; otherwise she may have more serious legal problems in the future.
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