Legal Question in Criminal Law in New York
dis con and tresspass
I received a call from my minors daughters school principal stating that I needed to come to her office immediately to pick up my daughter because she was being suspended. When asked at the door to the school to sign in, I stated that the prinicpal requested my presence and that I was heading to her office,there were no signs posted with rules or regulations. The principal would not allow my daughter to leave her office unless I signed a suspension order. I refused and told her to mail them to me. I told my daughter to come with me several times to which the principal told her no. I took her by the hand and proceeded out the door with the principal following close behind shouting to people in the hall to detain me and not let us leave the building. One month later I am arrested for disorderly conduct and misdemeanor tresspass 140.10. Dis con for telling the principal that she was a piece of Sh-t for suspending my daughter (she wore a belt that was decorated with a bullet that she found in a box stored in our basement that belonged to her older sister)We have no guns or rifles in our home and my daughter told the principal that. How can I be charged with tresspass when I had a direct request from the principal to go to her office?
3 Answers from Attorneys
Re: dis con and tresspass
You can be charged with anything, the issue is can you be convicted. Much depends upon whether you have evidence indicating your presence at the school was necessary. You do have triable issues. I handle these cases on a daily basis, if you need more info ,feel free to call my office @7188340087 for a free phone consultation.
Re: dis con and tresspass
You're right; you shouldn't have been charged. It almost seems like you were set up.
You should fight these charges and not let them get away with this by taking a plea agreement.
James Kats, Esq. www.lawjsk.com
Re: dis con and tresspass
You may have some good defenses and I can ensure trying to make sure you come out of this with no criminal record. Feel free to contact my office through the email address provided below or directly at 2127098303.
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