Legal Question in Criminal Law in North Carolina
My 14 year old was accused of stealing a cell phone at school. A phone was missing from class and he joked with a friend that he had thrown it out the window. This friend told another friend who told someone else and now everyone thinks he did it. The school Resource officer and principal have been questioning him and think that he is guilty. It was a foolish thing for him to joke about. There have been so many rumors that the principal now thinks my son threw it out the window and someone else picked up the pieces. I think it has gone way too far. What can we do to prove he is innocent? What rights does he have?
1 Answer from Attorneys
It sounds to me like he has not been charged with anything, and even if he were charged, you do not have the ability (nor the duty) to prove him "innocent." I do not make light of the difference between your duty (or ability) to prove innocence compared to the State's burden of proving guilty beyond a reasonable doubt. There is a huge difference.
In terms of what rights he has... He has the right to be presumed innocent until he has been proven guilty by a jury of his peers. This is a true standard, and more important to our American way of life than most people realize.
Unfortunately, he does not have the right to force others to believe he is innocent. You cannot stop others from thinking he may be the one who took the phone. His foolish comments gave rise to that. The best thing to do now is to wait until there is a formal allegation, then get a good attorney.
While I know that, as a parent, you wish to make the situation go away, and prove the truth... it is just not possible to put the genie back in the bottle. Allow this to be a learning experience for your son, but do not allow it to get either of you down.
Best wishes.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
