School discipline.
If you have adolescent children, you are probably aware of the growing role that law enforcement is playing in our schools. Many disciplinary matters that in the past have been handled within the school are now resulting in criminal charges.
While it is unquestionable that we need to protect our children, some schools and school districts have overreacted to the high-profile tragedies of the past few years. We now have police officers in schools who are the first option in many disciplinary situations, rather than the last.
Unfortunately, what may seem to be a simple school issue can quickly become a police matter. Do not assume that your child will be treated reasonably or fairly. Many school districts have inflexible and draconian disciplinary policies that can result in criminal charges against your child. The earlier a qualified defense attorney is consulted, the better the chance for a reasonable outcome to a school disciplinary matter.
"I'll just get probation. . . "
Many young people go to court to face such charges with the attitude that "I'll just get probation." While many first-time offenders are sentenced to probation, it is not the "free ride" many, especially young people, think it is. It is not unusual for a young person so sentenced to violate what can be very demanding probation terms.
Furthermore, if a child on probation violates one of its terms, or is charged with a new offense, he may find himself punished for that violation or new offense before he knows what has happened to him, through a probation surrender hearing.
At such a hearing, a defendant is charged with a violation of his probation. The prosecution need not prove his guilt beyond a reasonable doubt, but must show only that it is "more probable than not" that he has committed the new offense. There is no jury; a judge decides if a violation has occurred. Many of the usual Constitutional rights of a defendant are absent.
If a judge finds that the defendant has "more likely than not" violated some term of probation, or has committed a new offense, then he can, immediately, change the sentence from probation to incarceration.
Probation, especially for young people, is not a "free ride." It can be onerous and can set a child up for failure and more severe punishment.
Unexpected consequences.
A juvenile delinquency complaint, or an adult criminal complaint if the child is 17, can have serious ramifications for your son or daughter beyond the immediate and obvious. Criminal and delinquency charges can put at risk eligibility for federal student loans, as well as future educational and employment options. Even seemingly minor discipline infractions can have unexpectedly serious consequences, such as loss of driver's license.
Often, the most serious ramifications of a criminal charge come not from the prosecution or the judge, but from some other government agency or private institution that has a policy or rule that you don't know about.
To avoid unexpected consequences, your child needs a qualified, experienced criminal defense lawyer.
