Legal Question in Criminal Law in North Carolina

A teacher wrote an office referral on my child saying that she saw him pass a knife to another student. When searched, a knife was found on the other student. However, my son denies the allegations. When the other student was questioned as to who the knife belonged to, he admitted ownership and said he found the knife on the school campus and that my son did not give him the knife. Although the student accepted full responsibility for the weapon, my son was still charged with possession. Is this legal? There are no other wittnesses nor are there any video recordings proving the allegations. So, with the student accepting responsibility, was it right for them to still charge my son?


Asked on 6/02/10, 6:43 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Sure. There is no rule which requires the authorities to believe the other student and disbelieve the teacher -- especially since she was proven right about the other student having the knife. How would she have known about it if her story weren't true?

This doesn't mean your son will necessarily be found guilty. What it does mean is that the authorities have ample reason to charge him despite what the other boy has said.

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Answered on 6/02/10, 9:54 pm


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